Privacy Policy

PRIVACY POLICY

 

THIS PRIVACY POLICY (this “Policy”) form a legal agreement between you (referred to in this Policy as “you,” “your,” or “yours”) and Barge Design Solutions, Inc. (“Company”) and govern your use of Company’s website available at www.bargedesign.com (the “Site”). PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING OR USING THE SITE.

By accessing or using this Site in any way, including without limitation, browsing this Site, using any information, and/or accessing and using the online payment portal, you agree to and are bound by the terms, conditions, policies, and notices contained in Company’s Terms of Use, available at https://www.bargedesign.com/privacy-policy, this Policy, and you represent and warrant that you are at least eighteen (18) years old or older and possess the legal right and ability to agree to this Policy.

IF YOU DO NOT AGREE TO THIS POLICY OR ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THE SITE.

1.         The Information Company May Collect.

Company may collect personal and other information from you when you provide information to Company or whenever you interact with Company via the Site. There are two kinds of information websites and interactive applications can obtain about you: (A) Anonymous Information and (B) Personally Identifiable Information. This Section details what types of Anonymous Information and Personally Identifiable Information Company may collect from you when you access or use the Site.

(A) Anonymous Information. “Anonymous Information” is data that does not contain information that identifies an individual, which websites and online services use to administer their sites and provide their products and services. Anonymous Information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. It may include such information as your browser or device type, your Internet Protocol (IP) address, or information related to your use of the Site, such as the page served, time of request, preceding page viewed, referring web site address, and other similar information, and may include the use of “cookies” or other tracking technologies. Company may from time to time retain third parties to help Company collect and aggregate anonymous information about visitors’ use of the Site. For example, Company and its service providers may collect the following:

Device Information. Company may collect non-personal information about the computer, mobile device, or other device you use to access the Site, such as IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information. Web servers automatically identify your device by its IP address. Company does not link IP addresses to any Personally Identifiable Information, even if such information is voluntarily provided by a user or visitor. The Services also may gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the products and services Company offers.

Cookie and Web Beacon Information. As is the case with many websites and web-based applications, the Site may use a technology called “cookies,” which are small data files that are downloaded onto your computer or mobile device. Company uses cookies to tailor your visits to the Site to your individual preferences, authenticate your access, manage your specified preferences, display relevant information and/or provide specific technical support. Company also may use cookies to gauge Site usage, conduct research and diagnostics to improve services and content provided to you, and help Company analyze performance of the Site. When you access the Site, Company also may use a web beacons (also known as pixel tags or clear GIFs), which are unique identifiers and allow Company to capture certain additional types of information about your activities and use of the Site over time, such as which web pages you choose to visit. Company also may contract with third-party service providers who assign cookies and/or web beacons to conduct tracking and analytics for Company and collect information about your use of the Site over time. Company may combine such information about your use of the Site as well as your visits and usage of other services available on the Internet with Personally Identifiable Information (as defined below) that Company or its third-party providers collect about you, such as your user ID, name, email address, and mailing address. Although most web browsers automatically accept cookies, you can change your browser to prevent cookies or notify you whenever you are sent a cookie. However, if you disable or block cookies on your browser, certain features on the Site may not work correctly.

(B) Personally Identifiable Information. “Personally Identifiable Information” is any information that personally identifies you, such as your name, email address, or your telephone number. You provide your Personally Identifiable Information to Company in a variety of ways when you interact with the Site. Sometimes this personal information is needed when you register for participation in certain features of the Site, apply for a job posting, subscribe to Company email communications, comment on blogs, or when you contact Company. For example, you may be asked to provide the following information:

User Accounts. To participate in certain features of the Site, including applying for any open job postings, you may be required to create an account by providing personal information and creating a username and password. Company will use this information to maintain your account. Company also may use this information to send you announcements of new features available on the Site, special offers, and promotional materials that Company thinks may be of interest to you. You may elect not to receive such information by opting out as described below.

Communications. Company may offer visitors to the Site the opportunity to sign up to receive email notices, promotions, and other communications from Company. In order to sign up for these communications, Company may ask for your contact information, such as name, email address, and zip code. Company also may offer the opportunity for you to receive other communications that Company thinks may be of interest to you.

2.         How Company Uses Gathered Information.

In addition to the uses described above, the information you share with Company may be used as follows:

(A) Anonymous Information. Anonymous Information is used internally for administration of the Site, troubleshooting, and to help improve the quality of the Site and their design. Company also use non-personally identifiable information to help analyze trends and statistics, protect the security and integrity of the Site, evaluate Company online marketing campaigns, tailor Company promotions or other offers to you, and provide location-based services, such as suggesting the location of physicians, hospitals, and other healthcare providers participating in Company network. Company may share such aggregated, non-personally identifiable information, such as demographics, with existing and prospective business partners and advertisers. Company also uses cookies to collect information over time from the pages you access or visit. This information may be combined with Personally Identifiable Information (such as demographic and usage information) from Company records and other sources. Such information about your use of the Site will become part of your profile as maintained by Company. Company also may use Google Analytics, a service provided by Google, Inc., to gather information about how you and other users engage with the Site. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners.

(B) Personally Identifiable Information. Personally Identifiable Information collected by Company may be used for purposes including administration of the Site, account registration and maintenance, and communications with you. For example, Company may use information about you to take actions in response to your inquiries or other activities on the Site, post your comments or reviews or other statements, and send you personalized promotions and offers. In addition, Company may from time to time contract with third parties to assist Company in collecting, maintaining and managing Company customer information, conducting promotions, suggesting open positions, communicating effectively with our customers, and providing analytics regarding your interactions with the Site and other third-party websites so that Company may improve the products and services Company offers you.

Company also may disclose Personally Identifiable Information if Company is required to do so by law or Company in good faith believe that such action is necessary to (a) comply with the law or with legal process; (b) protect and defend Company’s rights and property; (c) protect against misuse or unauthorized use of the Site; or (d) protect the personal safety or property of Company users or the public. Please note Company may not provide you with notice prior to disclosure in such cases.

3.         Opt-Out.

Company supports the right of visitors to choose. You will be given the right to opt out of receiving any promotional materials about Company or its partners whenever you are asked to provide Personally Identifiable Information on the Site. If you do not opt out at that time, but later decide that you do not wish to receive future communications of this nature you can contact Company at paula.harris@bargedesign.com or at the address provided below, indicating that you no longer want to receive information relating to the Site.

Your opt-out request may take up to ten (10) business days to process, and you may receive communications from Company or its third-party service providers in the meantime.

4.         Security.

Security of information communicated by or to Company over the Internet is of utmost concern to Company; unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Please note that email, like most, if not all, non-encrypted Internet communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to Company. For that reason, to protect your privacy, please do not use email to communicate information to Company that you consider confidential. While Company strives to protect your personal information, Company cannot ensure or warrant the security of any information you transmit to Company or through the Site, and you do so at your own risk.

5.         Disclosure of Information Through Business Transfers.

As Company continues to develop, Company may merge or partner with other companies or organizations, and in so doing, acquire user information. In such transactions, user information may be among the transferred assets. Similarly, in the event that a portion or substantially all of Company’s assets are sold or transferred to a third party, user information (including your email address) would likely be one of the transferred business assets.

6.         COPPA.

Protecting the privacy of children is very important to Company. The Children’s Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13. Company strictly adheres to COPPA. For that reason, Company does not collect or maintain information obtained through the Site from those Company actually knows are under 13, and no part of the Site is structured to attract anyone under 13.

7.         External Links.

The Site may provide links to various websites that Company does not control. When you click on one of these links, you will be transferred out of the Site and connected to the website of the organization or company that you selected. Company is not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites, or of the services provided through such websites. Such websites are not investigated, monitored, or checked for quality, accuracy, or completeness by us. Inclusion of any linked website on the Site do not imply or express an approval or endorsement of the linked website by Company, or of any of the content, opinions, products, or services provided on these websites. Even if an affiliation exists between the Site and a third-party website or application, Company exercises no control over linked sites. Each of these linked sites maintains its own independent privacy and data collection policies and procedures. While Company expects its partners and affiliates to respect the privacy of our users, Company cannot be responsible for the actions of third parties. If you visit a website or application that is linked to from the Site, Company encourages you to consult that website’s or application’s privacy policy before providing any personal information and whenever interacting with any website or application.

8.         Do Not Track.

Some browsers have a “do not track” feature that lets you indicate that you do not wish to have your online activities tracked. These features are not yet uniform, so Company does not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser or block or delete tracking cookies, Company and Company’s third-party providers may continue collecting information about your online activities as described in this Section.

9.         Special Notice to Connecticut Residents.

If collected, Company will take reasonable measures to protect the confidentiality of Social Security numbers and limit access to those with a need for such information. Company prohibits the unlawful disclosure of Social Security numbers.

10.       Special Notice to California Residents.

Under the California Civil Code, residents of the State of California that have provided any Personally Identifiable Information to Company have the right to request a list of all third parties to which Company has disclosed Personally Identifiable Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if Company has a privacy policy that gives either an opt-out or opt-in choice for use of Personally Identifiable Information by third parties (such as advertisers or affiliated companies) for marketing purposes, Company may instead provide you with information on how to exercise your disclosure choice options. Company qualifies for the alternative option; it has established these Terms that provide you with details on how you may either opt-out or opt-in to the use of your Personally Identifiable Information by third parties for direct marketing purposes.

If you are a California resident and request information about how to exercise your third party disclosure choices, please send a request to paula.harris@bargedesign.com with a preference on how Company’s response to your request should be sent.

11.       Governing Law and Venue.

The Site is controlled, operated, and administered entirely within the United States. This Policy and the use of the Site are governed by the laws of the State of Tennessee, without giving effect to its conflicts of law rules. Any claim related to the Site or this Policy shall be brought exclusively in a court of competent jurisdiction located in the State of Tennessee, within one year after the claim arises. Users of the Site consent to the exclusive jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Policy. This Policy and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.

12.       Modifications To Privacy Policy.

Company may modify this Policy at any time, at its discretion, and modifications are effective upon being posted on the Site. You are responsible for reviewing this Policy periodically to ensure that you are aware of any changes to it.

13.   Special Notice to Non-U.S. Users.

If you are located outside the United States of America and are visiting the Site, you should be aware that your personal information will be transferred to the United States of America, the laws of which may be deemed by your country to have inadequate data protection. If you are located in a country outside the United States of America and voluntarily submit personal information to Company, you thereby consent to the general use of such information as provided in this Policy and to the transfer of that information to, and/or storage of that information in, the United States of America.

14.       Contact Information.

If you have any questions about this Policy, the practices of Company, or your dealings with this Site, please contact Company at paula.harris@bargedesign.com or at the address below. You may also contact Company to update your personal information by notifying Company when you change your name or email address.

Address:         Barge Design Solutions

                        Attn: Paula Harris, Executive Vice President, Chief Marketing Officer

                        211 Commerce Street, Suite 600

                        Nashville, Tennessee 37201

Last Updated: January 26, 2018