Privacy Policy

Privacy Statement Effective Date: April 11, 2023

I. SUMMARY

At-Bay, Inc., and its affiliates (collectively referred to as “At-Bay”, “we”, “us” or “our”), is built on a passion for internet security and a mission to help create a safer, more secure digital ecosystem for everyone. Most importantly, our commitment to privacy and security extends to the protection of your information.

This Privacy Policy should be read in conjunction with At-Bay’s Terms of Service, and any other policy, agreement, or terms which may affect your relationship with At-Bay.

II. SCOPE OF THIS POLICY

This Privacy Policy applies to www.at-bay.com, including all its sub domains and other websites that link to this Privacy Policy, when accessing and using them in the United States, as well as any of our offline services and tools that might be made available by us from time to time, including offline tools, surveys, and other applications, and our products (collectively, “Services”). If you are a California resident, please see Section XI for At-Bay’s California Privacy Notice, pursuant to the California Consumer Privacy Act (the “CCPA”).

We may provide some links to external-party websites that are not owned by At-Bay. At-Bay has no control over their privacy practices and assumes no responsibility in connection with your use of external-party websites, mobile applications, or any other services offered by other parties. Any external-party services are governed by the privacy policies appearing on those sites and applications.

By using the Services, you signify your consent to this Privacy Policy and the Terms of Service for the use of our Services. If you do not agree to this Privacy Policy or Terms of Service for the use of our Services, please do not use our Services.

III. INFORMATION THAT WE COLLECT OR RECEIVE

We collect and receive information from and about you by different means, including, without limitation: (i) information you submit or provide to us; (ii) information collected automatically and manually; and (iii) information provided to us through third parties and service providers. Some of the information we collect and receive includes “personal information,” which is generally information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal information does not include information that is publicly available, de-identified, aggregated, or otherwise exempted by applicable laws.

A. Information You Submit or Provide to Us

We or our vendors collect the information that you directly provide to us, such as when you enter it on a web page, submit an online form, use our chat feature, or include it in an email that you send to us in relation to our products and services. In addition, we may collect information through relevant business support processes and the registration or account creation processes, where we ask you to provide information such as:

- Contact Information (e.g., name, email or mailing address, or phone number);
- Account Administration Information (e.g., user name, password, or security questions); and
- Communications (e.g., information you submit through our interactive chat feature or through other communications with us).

Your use of the interactive features on our Services is voluntary, and we may retain the information that you submit through these features. When you participate in the interactive chat, either with a virtual or live agent, the contents of the chat may be captured and kept as a transcript. By using these features, you understand that our vendors may process the information obtained through the feature to provide the Service on our behalf.

B. Types of Information Collected Automatically

We may automatically or manually collect information related to your use of Services. While information collected in this manner is not typically personal information, we may combine it in ways that make it personally identifiable. When we do so, we will treat the combined information as personal information. For example, data collected in this manner may include:

Web Browsing Data. When you use our Services, our servers automatically record information, including information that your browser or mobile device sends when you visit or use our Services. This data may include your IP address, the address of the web pages you visited that had At-Bay features, browser type and settings, the date and time of your request, how you used our online environments, cookie data, and network or service usage data, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

Technical Information. We may collect certain technical information about your computer systems or about your visits to our online environments without you actively submitting such information. This information can make your use of our Services easier and more meaningful by allowing us to provide better service, customize our online environments based on your preferences, compile statistics, analyze trends and otherwise administer and improve our online environments.

Device Information. We may collect information about the device you are using to access our Services, including what type of device it is, what operating system you are using, device settings, unique device identifiers and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings. For example, different types of information are available depending on whether you are using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.

Cookie Data. Depending on how you are accessing our online environments, we may use “cookies” (a small text file sent by your device each time you visit our websites, unique to your At-Bay account or your browser). When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). For example, we may use cookies to remember your personal preferences, such as sections of our Services that you visit frequently, your user ID or other settings so you do not have to set them up every time you visit our Services. Some of the cookies we use may be associated with your At-Bay account (including information about you, such as the email address you gave us), and other cookies are not. In addition, At-Bay may use web beacons (small graphic images or other web programming code or embedded scripts (programming code that is temporarily downloaded onto a device, and is active only while you are connected to our website, and is deactivated or deleted thereafter.)

Analytics Data. We may use Google Analytics or other providers for analytics services. We may also implement Google Analytics Advertising Features such as remarketing with analytics and interest-based ads. We may use first-party cookies or other first-party identifiers as well as third-party cookies or other third-party identifiers to, e.g., deliver advertisements, measure your interests, and/or personalize content. For more information on how Google Analytics uses data collected through our services, visit http://www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit https://tools.google.com/dlpage/gaoptout or download the Google Analytics Opt-Out Browser Add-On.

C. Information Provided to Us by Other Sources

To improve the quality of our Services, and to carry out research and analysis, we and our vendors may supplement the information we collect with information from other sources, such as publicly available information, commercially available sources, and information from our business partners or other third parties.

IV. USE OF INFORMATION

We may use the information we collect through the Services or otherwise obtain for a number of purposes including to:

• Provide our Services;
• Understand and improve At-Bay operations, Services, and performance;
• Assist in customer service and transactions;
• Generate feedback regarding the Services which we offer;
• Conduct research or for analytics purposes;
• Develop new Services;
• Deliver marketing communications or promotional materials that may be of interest to you;
• Improve the services we provide and the usefulness of the Services;
• Customize our users’ experience when using the Services;
• Protect ourselves and our users; and/or
• Comply with applicable laws.

We strive to minimize our use of personal information, or otherwise anonymize or aggregate it before use.

V. INFORMATION WE DISCLOSE

We may disclose your personal information with other parties as follows:

Provision of Services. We may disclose your personal information with our subsidiaries, affiliates, and service providers in order to provide our Services.

Law Enforcement, Judicial, Administrative, or Regulatory Disclosures. When we believe in good faith that the law requires disclosure or that disclosure is necessary to protect or enforce the rights, property, safety, or security of ourselves or others.

Business Transfers affecting At-Bay or its Affiliates. In connection with sale of the applicable business, a portion of the business, or certain stock and/or assets, or a corporate merger, consolidation, restructuring, or other corporate change including, without limitation, during the course of any due diligence process.

VI. CHOICES YOU HAVE ABOUT YOUR INFORMATION

You may always limit the amount and type of information that we collect from you by choosing not to enter or provide information requested from you on our Services. However, some of our features and Services can only be provided to you if you provide us with requested information (including, in some instances, personal information). Some of the Services offered may ask whether you wish to opt out or opt into our contact lists for offers, promotions and additional Services that may be of interest to you.

VII. DO NOT TRACK SIGNALS

Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. We do not currently respond to these signals, but we may reassess based on the extent reasonably technologically possible.

VIII. HOW WE SECURE YOUR INFORMATION

At-Bay is committed to protecting the confidentiality and security of your information against unauthorized access and disclosure. We only disclose your personal information to our personnel, our affiliates’ personnel, others who need to know the information to service your account or to provide the Services of At-Bay, and as otherwise permitted or required by law. We maintain strict physical, electronic, and procedural safeguards to protect your information.

IX. DATA RETENTION

We will store your personal information for no longer than is necessary for the performance of our obligations or to achieve the purposes for which the personal information was collected, or as may be required or permitted under applicable law. To determine the appropriate retention period, we will consider the amount, nature, and sensitivity of the data; the potential risk of harm from unauthorized use or disclosure of the data; the purposes for which we process the data and whether we can achieve those purposes through other means; and the applicable legal requirements. Unless otherwise required by applicable law, at the end of the retention period we will remove personal information from our systems and records or take appropriate steps to properly anonymize, deidentify, or aggregate it, where legally applicable.

X. OUR POLICY ON THE INFORMATION OF CHILDREN

At-Bay does not seek or knowingly collect personal information from children under the age of thirteen (13), and we request that children do not provide information through the Services. If you are a parent or guardian and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address the issue.

XI. CALIFORNIA PRIVACY NOTICE

This California Privacy Notice (“Notice”) is provided pursuant to the California Consumer Privacy Act, as amended (the “CCPA”), and supplements our Privacy Policy. In the event of a conflict between any other At-Bay policy, statement, or notice and this Notice, this Notice will prevail as to California consumers and their rights under and as defined by the CCPA.

This Notice does not apply to job applicants or current and former employees/contractors, or their designated beneficiaries, as applicable. If you are an employee or current or former employee/contractor, a separate California privacy notice will be provided to you in the course of your employment. If you are a California job applicant, please review our California applicant privacy notice. If you are a California resident and you believe you interacted with us in a different capacity, or if you have any questions, please contact us as provided below.

Unless otherwise noted, the disclosures herein cover our activities in the twelve (12) months preceding the Effective Date, as well as our current practices.

A. How and Why We Collect, Use, and Disclose Personal Information
We may collect, use, and disclose personal information for business purposes consistent with applicable laws as identified below. Where we disclose applicable personal information to recipients, such as our service providers, we do so for the same business purposes described below. These examples may vary depending on the nature of your interactions with us.

Category of Personal Information	Purposes for Collection, Use, and/or Disclosure	Categories of Recipients to Whom Personal Information is Disclosed for a Business Purpose
Identifiers, including real name, alias, account name, postal address, unique personal identifier, online identifier, IP address, email address, or other similar identifiers	· To maintain your accounts with us · To communicate with you, including about our products, updates to our terms and policies, and to obtain your feedback · To send you marketing materials and advertisements · To recognize you when you use our services · To show you relevant ads while you browse the internet or use social media · Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes · To detect and prevent fraud against you and/or us	· Service providers · Affiliates · Data analytics providers
Personal information described in Cal. Civ. Code § 1798.80(e), including name, address, telephone number, and payment information Some personal information included in this category may overlap with other categories	· To maintain your accounts with us · To communicate with you, including about our products, updates to our terms and policies, and to obtain your feedback · To send you marketing materials and advertisements · To recognize you when you use our services · To show you relevant ads while you browse the internet or use social media · Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes · To detect and prevent fraud against you and/or us	· Service providers · Affiliates · Data analytics providers
Characteristics of protected classifications under California or federal law, including age and date of birth, or languages spoken	· To send you relevant marketing materials and advertisements · To tailor our communications to you · To improve our services, and our products, marketing and advertising · Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes	· Service providers · Affiliates · Data analytics providers
Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies	· To maintain your accounts with us · To communicate with you, including about our products, updates to our terms and policies, and to obtain your feedback · To send you marketing materials and advertisements · To recognize you when you use our services · To show you relevant ads while you browse the internet or use social media · Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes · To detect and prevent fraud against you and/or us	· Service providers · Affiliates · Data analytics providers
Internet or other electronic network activity information, including Internet or other similar activity, browsing history, search history, information on a consumer’s interaction with a website, application logs, device data and registration, social media account information or advertisement	· To allow you to participate in the features we offer · To provide you with appropriate products and recommendations · To help you find relevant products more quickly · To tailor our communications to you · To provide customer service and support · To send you relevant coupons · To improve our services, and our products, marketing and advertising · Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes · To detect and prevent fraud against you and/or us	· Service providers · Affiliates · Data analytics providers
Geolocation data	· To recognize you when you use our services · To show you relevant ads while you browse the internet or use social media · Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes · To detect and prevent fraud against you and/or us	· Service providers · Affiliates · Data analytics providers
Audio, electronic, visual, thermal, olfactory, or similar information, including audio recordings of customer care calls, video, or similar information	· To provide you with customer service · To improve our products and services	· Service providers · Affiliates
Inferences used to create a profile	· To provide you with appropriate products and recommendations · To improve our services, and our products, marketing and advertising · To provide you with a better website or app experience · Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes · To detect and prevent fraud against you and/or us	· Service providers · Affiliates · Data analytics providers
Other Information, such as information that does not directly fit within one of the categories defined by the CCPA, including the contents of communications you send to us by phone, email, text, online chat, etc.	· To communicate with you about our products and services, your orders, and to provide customer service and support · To improve our websites, apps, products, and marketing · To detect and prevent fraud against you and/or us	· Service providers · Affiliates · Data analytics providers

Category of Personal Information

Purposes for Collection, Use, and/or Disclosure

Categories of Recipients to Whom Personal Information is Disclosed for a Business Purpose

Identifiers, including real name, alias, account name, postal address, unique personal identifier, online identifier, IP address, email address, or other similar identifiers

· To maintain your accounts with us

· To communicate with you, including about our products, updates to our terms and policies, and to obtain your feedback

· To send you marketing materials and advertisements

· To recognize you when you use our services

· To show you relevant ads while you browse the internet or use social media

· Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

· To detect and prevent fraud against you and/or us

· Service providers

· Affiliates

· Data analytics providers

Personal information described in Cal. Civ. Code § 1798.80(e), including name, address, telephone number, and payment information

Some personal information included in this category may overlap with other categories

· To maintain your accounts with us

· To communicate with you, including about our products, updates to our terms and policies, and to obtain your feedback

· To send you marketing materials and advertisements

· To recognize you when you use our services

· To show you relevant ads while you browse the internet or use social media

· Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

· To detect and prevent fraud against you and/or us

· Service providers

· Affiliates

· Data analytics providers

Characteristics of protected classifications under California or federal law, including age and date of birth, or languages spoken

· To send you relevant marketing materials and advertisements

· To tailor our communications to you

· To improve our services, and our products, marketing and advertising

· Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

· Service providers

· Affiliates

· Data analytics providers

Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

· To maintain your accounts with us

· To communicate with you, including about our products, updates to our terms and policies, and to obtain your feedback

· To send you marketing materials and advertisements

· To recognize you when you use our services

· To show you relevant ads while you browse the internet or use social media

· Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

· To detect and prevent fraud against you and/or us

· Service providers

· Affiliates

· Data analytics providers

Internet or other electronic network activity information, including Internet or other similar activity, browsing history, search history, information on a consumer’s interaction with a website, application logs, device data and registration, social media account information or advertisement

· To allow you to participate in the features we offer

· To provide you with appropriate products and recommendations

· To help you find relevant products more quickly

· To tailor our communications to you

· To provide customer service and support

· To send you relevant coupons

· To improve our services, and our products, marketing and advertising

· Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

· To detect and prevent fraud against you and/or us

· Service providers

· Affiliates

· Data analytics providers

Geolocation data

· To recognize you when you use our services

· To show you relevant ads while you browse the internet or use social media

· Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

· To detect and prevent fraud against you and/or us

· Service providers

· Affiliates

· Data analytics providers

Audio, electronic, visual, thermal, olfactory, or similar information, including audio recordings of customer care calls, video, or similar information

· To provide you with customer service

· To improve our products and services

· Service providers

· Affiliates

Inferences used to create a profile

· To provide you with appropriate products and recommendations

· To improve our services, and our products, marketing and advertising

· To provide you with a better website or app experience

· Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

· To detect and prevent fraud against you and/or us

· Service providers

· Affiliates

· Data analytics providers

Other Information, such as information that does not directly fit within one of the categories defined by the CCPA, including the contents of communications you send to us by phone, email, text, online chat, etc.

· To communicate with you about our products and services, your orders, and to provide customer service and support

· To improve our websites, apps, products, and marketing

· To detect and prevent fraud against you and/or us

· Service providers

· Affiliates

· Data analytics providers

B. Disclosing Your Personal Information

We may disclose each of the categories of personal information identified above to the respectively identified categories of recipients for operational or business purposes consistent with the purposes for collection or use designated, as is reasonably necessary and proportionate to achieve those purposes, or for another purpose that is compatible with the context in which the personal information was collected including, but not limited to:

- Auditing related to ads;
- Helping to ensure security and integrity;
- Debugging, repairing, and improving functionality;
- Short-term, transient use;
- Performing services on our behalf;
- Providing advertising and marketing services, as applicable;
- Internal research for technological development; and
- Verifying quality and/or safety.

In addition to the other purposes for collection, use, and disclosure of personal information described in this Policy, we may collect, use, and disclose personal information as required by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our or others’ rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. Likewise, we may disclose personal information to other parties in connection with the sale, assignment, merger, or reorganization.

C. Sales and Sharing of Personal Information

We do not sell your personal information or share it for cross-context behavioral advertising.

D. Submitting Requests Relating to Your Personal Information

If you are a resident of California, you have the right to submit certain requests relating to your personal information as described below. To submit a request, please email us at privacy@at-bay.com, or call us toll-free at (888) 320-4041. Please note that if you submit a request to know, request to delete or request to correct, you will be asked to provide two-to-three (2-3) pieces of personal information that we will match against our records to verify your identity. You may designate an authorized agent to make a request on your behalf; however, you will still need to verify your identity directly with us before your request can be processed.

1. Right to Know. You have the right to know what personal information we have collected about you, which includes:
  1. The categories of personal information we have collected about you, including:
    1. The categories of sources from which the personal information was collected;
    2. Our business purposes for collecting, using, or disclosing personal information;
    3. The categories of recipients to which we disclose personal information;
    4. The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of personal information.
  2. The specific pieces of personal information we have collected about you.
2. Right to Delete Your Personal Information. You have the right to request that we delete personal information we collected from you, subject to certain exceptions.
3. Right to Correct Inaccurate Information. If you believe that personal information we maintain about you is inaccurate, you have the right to request that we correct that information.
4. Right to Opt Out of Sales and Sharing of Personal Information. We do not sell your personal information or share it for cross-context behavioral advertising.
5. Right to Limit Use and Disclosure of Sensitive Personal Information. We do not collect, use, or disclose sensitive personal information for purposes to which the right to limit use and disclosure applies under the CCPA.
6. Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us.

E. California “Shine the Light.” We do not share personal information with third parties or affiliates for those other parties’ own direct marketing purposes. Californians may request information about our compliance with this law by contacting us as provided below.

XII. INTERNATIONAL TRANSFERS

We are a United States company and we provide our Services subject to United States law. However, we may transfer information to our affiliates, vendors, and business partners in other countries around the world, subject to applicable laws, and as a result personal information may be transferred to, processed, and stored in the other countries. As such, courts, law enforcement, and authorities in other countries may, in certain circumstances, be entitled to access your personal information. By using the Services or providing us with any information through the Services, you consent to this potential transfer, processing and storage of your information, and you acknowledge that other countries and jurisdictions may not provide the same privacy protections and their privacy laws may not be as comprehensive as those in the United States or in the country where you reside or are a citizen.

XIII. CHANGES TO THE PRIVACY POLICY

We reserve the right to amend this Privacy Policy at any time to reflect technological advancements, legal and regulatory changes and good business practices or otherwise at our discretion subject to applicable laws. If we make any changes, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be set forth at the top of the Privacy Policy.

Your continued use of the Services after we make changes to this Privacy Policy is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

XIV. HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy or the ways in which we use information subject to this statement, please do not hesitate to contact us by emailing privacy@at-bay.com or writing to At-Bay, Inc., at 1 Post Street, Suite 1400, San Francisco, California 94104.