- “User” refers to a User of the Site;
- “we,” “us,” and “our” refer to BMF MainStreet America, LLC, a Texas limited liability company; and
- “You” refers to you, as a User.
What Information We Collect
Personally Identifiable Information
Personally identifiable information is information that identifies you as an individual, such as your name. We collect personally identifiable information that you submit to us through the TED activation or through the Site. Personally identifiable information may include, but is not limited to:
- email address;
- first and last name;
- mailing address;
- telephone number; and
- credit or debit card number.
We also collect information regarding the products and services that you have ordered, tagged, reviewed, or added to your wish list through the Site or a TED. We collect this information when you use the Site or a TED.
We may also from time to time request additional information that is helpful or necessary for providing products, services, and information such as the type of device you are using to access the Site, your geo-location, and your use of the Site. In order for you to take advantage of particular opportunities provided through the Site or a TED, such as receipt of requested information, we may require that you furnish personally identifiable information.
Non-Personally Identifiable Information
Non-personally identifiable information is any information that does not reveal your specific identity. We collect non-personally identifiable information through the use of weblog files, which are files on our servers that record actions taken on the Site, and tracking technologies such as cookies. Non-personally identifiable information includes, but is not limited to:
- browser information, such as log files;
- information collected through RDID tags and other technologies;
- demographic information; and
- aggregated information regarding Users and the use of the Site that does not personally identify you or any other User.
How We Use Information We Collect
Personally Identifiable Information
We may use your personally identifiable information to contact you when reasonably necessary and in the following ways:
- Creation of Accounts and Fulfillment of Requests. To create an account for you on the Site or to otherwise fulfill the purpose for which such information was provided, such as to process your transaction.
- Technical Support and Response to Inquiries. To send information to you, to respond to your inquiries, or to provide technical support in connection with your use of the Site.
- Marketing Communications. To inform you of products, programs, events, services and promotions by us, our affiliates, our partners and/or third parties that we believe may be of interest to you. If you would prefer that we do not send electronic marketing messages to you, please see the “Opt-In/Opt-Out Policy” section below.
- Purchases. When you make a purchase through the Site, we may use personally identifiable information about you in order to fulfill your purchase, for example, to process your payments, communicate with you regarding your purchase or provide you with related customer service. We may use your contact information to verify and authorize the use of your credit or debit card for services and/or products for which you have registered, requested or ordered.
- Feedback. To solicit input and feedback from Users to help us improve the Site and the TED and the services provided through them.
- Internal Business Purposes. For our internal business purposes, such as data and trend analysis, market studies, audits, developing new products and services, enhancing the Site and TED experience, identifying usage trends and determining the effectiveness of any promotional campaigns.
Non-Personally Identifiable Information
We may use non-personally identifiable information to measure the number of visits, average time spent and products viewed and otherwise track trends and analyze use patterns with respect to the Site, as well as to diagnose problems with our servers and to administer the Site. We may then use this information to analyze and improve the features and functionality of the Site.
Because non-personally identifiable information does not personally identify you, we may use and disclose non-personally identifiable information for any purpose. In some instances, we may combine non-personally identifiable information with personally identifiable information (such as combining your name with your geographic location). If we combine any non-personally identifiable information with personally identifiable information, we will treat the combined information as personally identifiable information as long as it is combined.
How We Disclose Your Personally Identifiable Information
We may disclose your personally identifiable information to third parties, to the extent permitted by law, in the following ways:
- Purchases. When you make a purchase through the Site, we may disclose your personally identifiable information, as necessary, to fulfill your purchase. By giving us your credit or debit card and related personal information, you are authorizing us to give that information to the credit or debit card company in order to confirm and fulfill your order.
- Wish List. If you place a product or service on your Wish List on the Site, we may share personally identifiable information about you, including your name, email address, city of residence, and zip code, with the third party offering such product or service.
- Third Party Service Providers. We may, from time to time, work with third parties who provide services including but not limited to data analysis, information verification, payment processing, auditing services, order fulfillment, infrastructure provision, IT services, customer service, e-mail delivery services and other similar services. We may share personally identifiable information about you with such third parties for the purpose of enabling such third parties to provide such services (for example, if you choose to make a purchase, we may share your personally identifiable information with our third party service providers to fulfill your purchase, including, without limitation, to ship products to you).
- Third Party Marketing Communications. We may share personally identifiable information about you with our affiliates, partners, vendors, advertisers, or other third parties to allow them to contact you regarding products, programs, services and promotions that we and/or they believe may be of interest to you. If you would prefer that we do not share your information with our affiliates, partners, vendors, advertisers, or other third parties for such entities’ marketing purposes, please see the “Opt-In/Opt-Out Policy” section below. We may also share personally identifiable information about you if you request information from vendors so that they can provide you with the requested information. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY’S USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
- Assignment. We reserve the right to transfer any and all information that we collect from users to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business or assets or the ownership interest in our company (including without limitation in connection with any bankruptcy or similar proceedings).
- Security and Compliance with Law. We may disclose personally identifiable information about you (i) to address fraud, security, or technical issues; (ii) in the event that we believe, in our sole discretion, that such disclosure is reasonably necessary to comply with applicable laws or regulations, government requests, court orders, or other legal process; (iii) to enforce the Terms of Service or other published guidelines; (iv) to protect the safety, property, or rights of ourselves, our Users or others; (v) to respond to circumstances that we feel constitute an emergency; (vi) to allow us to enforce our rights or to pursue available remedies or limit the damages we may sustain; or (vii) as otherwise required or permitted by applicable laws, rules or regulations.
When you supply us with personally identifiable information in connection with your use of the Site, you may be asked to indicate whether you are interested in receiving information from us about our product and service offerings and if you would like us to share personally identifiable information about you with our affiliates, partners or other third parties for their marketing purposes. If you do choose to opt in, you will receive such communications and/or we will share your information in accordance with your “opt-in” consent.
You may, of course, choose not to receive additional marketing information from us or choose not to allow our sharing of your personally identifiable information. Please note that if you choose not to allow our sharing of your personally identifiable information, we are not responsible for removing your personally identifiable information from the databases of third parties with which we have already shared your personally identifiable information as of the date that we implement your request. If you wish to cease receiving marketing-related e-mails from these third parties, please contact them directly or utilize any opt-out mechanisms in their privacy policies or marketing-related e-mails.
Please note that if you do opt out of receiving marketing-related messages from us, we may still send you important administrative messages, and you cannot opt out from receiving administrative messages. We reserve the right, from time to time, to contact former customers or users of the Site for administrative purposes or in order to comply with applicable laws, rules or regulations.
How You Can Update or Suppress Your Personally Identifiable Information
If you would like to review, correct, update, suppress, delete or otherwise limit our use, on a prospective basis, of your personally identifiable information that has been previously provided to us, you may do so by contacting us in accordance with the “Contact Us” section below and providing the context of your provision of information, your full name, mailing address, phone number and email address so that we may identify you in the opt-out process.
In your request, please make clear what information you would like to have changed, whether you would like to have your personally identifiable information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your personally identifiable information. We will endeavor to implement your requested change as soon as reasonably practicable after receiving your request. We are not responsible for correcting, updating or suppressing your personally identifiable information from the databases of third parties with whom we have already shared such information as of the date that we implement your request.
Please note that we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed therefrom.
For your protection, we will only implement such requests with respect to the personally identifiable information associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request.
Children’s Personal Information
Consistent with the Children’s Online Privacy Protection Act:
To the extent that we are aware that any user of the Site is under the age of 13, we do NOT collect, use, or disclose personally identifiable information (including online contact information) of children under the age of 13. In the event that a child under the age of 13 attempts to open an account or make a purchase on the Site and we are aware of such child’s age, we will NOT accept the account registration or purchase and will delete information received from the child.
Links to Other Web Sites
The Site may provide links to other web sites, including partners, vendors or advertisers, which may or may not be owned or operated by us. Links to such web sites are made without any representations or warranties relating to the integrity, security or legitimacy of such web sites. The inclusion of a link on the Site does not imply endorsement of the linked web site by us, our affiliates or our partners.