Last Updated February 7, 2022
If you have questions about our privacy practices or would like to make a complaint, please contact us at [email protected].
The Site may collect your Personal Information. What does that mean?
When we say, “Personal Information” we mean any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information falls within certain categories, for example:
- Identifiers (e.g., name, email, telephone number, address, username);
- Sensitive Personal Information (e.g., government identification number; precise geolocation; racial or ethnic origin; religious beliefs; health information; contents of messages when we are not the recipient; in some cases, information about a known child);
- Legally protected information (e.g., race, citizenship, marital status, sex);
- Employment-related information (e.g., current or past employment);
- Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99);
- Biometrics (e.g., DNA, face/voice prints, health data) and audio, electronic, visual, thermal, or olfactory information;
- Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
- Internet or other similar activity (e.g., browsing history; content interactions); and
- Inferences drawn from Personal Information to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes.
Not all information is protected as Personal Information. For example, publicly available information, aggregated information (meaning data summaries or reports with Personal Information removed), and anonymized information that cannot be linked back to an individual are types of information that are often excluded from legal privacy protections.
How does the Site collect and use Personal Information?
Over the last 12 months, we have collected the following categories of Personal Information:
- Identifiers like your email if you sign up for our newsletter or emails, or your name or username if you post a comment on our blog.
- Any other Personal Information you choose to post as a comment to our blog or send to us via email or direct message.
The Site collects Personal Information directly from you when you submit it through Site features. For example, if you sign up to receive our newsletter or other emails, post a comment to our blog, participate in a survey or questionnaire, or contact us via email or direct message. We collect this information with your consent and use it as stated at the time of collection.
Cookies, pixels, and related tools may collect technical data about your content interactions on the Site. We collect this data to achieve our legitimate interest of understanding how visitors use the Site, and we use the data to troubleshoot and improve the Site.
Additionally, we may use the Personal Information we collect to:
- Fulfill any purpose to which you consent.
- Provide or improve the Site.
- Monitor your compliance with our agreements and policies.
- Help maintain Site safety, security, and integrity.
- Conduct internal testing, research, analysis, and product development, including to develop and improve our content and offerings.
- Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- Identify, contact, or bring legal action against persons or entities who may be causing injury to you, to us, or to others as we determine necessary.
- Evaluate or conduct a business transition involving some or all of our company assets where Personal Information held by the Ballinger Family is among the assets transferred.
We will not collect additional categories of Personal Information or use already collected Personal Information for purposes that are materially different, unrelated, or not reasonably necessary or compatible with the original purpose without notice and consent to you as required by law.
Who has access to my Personal Information?
The Ballinger Family respects your privacy. We will never sell your Personal Information or share it with other companies target you for ads on other platforms. Any Personal Information we collect about you will only be disclosed to others with your permission or for a business purpose as described in this section. Over the last 12 months, we have disclosed Personal Information to:
- Our Service Providers. Service Providers like our website host, email services, and analytics providers may have access to Personal Information as needed to provide us with their services. Our service providers must keep Personal Information confidential and do not sell or share Personal Information to others.
- Law enforcement, and other governmental agencies, as permitted or required by law.
- Other third parties, as permitted by applicable law, for example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
- Aggregated and Deidentified Information. We reserve the right to share aggregated, anonymized, or deidentified information about any individuals with nonaffiliated entities for marketing, advertising, research or other purposes, without restriction.
Is the Site for children?
The Site is family-friendly, but it should only be accessed by visitors aged 16 or older. If we learn we have collected or received Personal Information from anyone under age 16, we will delete that information.
Will there be cookies?
Yes. A cookie is a small file which asks permission to be placed on your computer’s hard drive. Cookies allow websites and platforms to analyze user trends, remember a user from one session to the next, and enable certain features to function. The Site uses a variety of necessary, functional, and analytics cookies to support Site features and functionality, and to help us better understand how visitors enjoy the Site and what to improve. These include:
- WordPress cookies that support Site function.
- Shopify cookies to facilitate your use of our Shopify shop.
- Google Analytics to help us better understand how you use the Site.
You can adjust your device settings or install a third-party plugin to block cookies or alert you when a cookie is set but doing so may prevent you from using some or all of the Site features.
How long does the Ballinger Family keep Personal Information?
We only retain Personal Information as long as we need it for the purpose it was collected. For example, if you sign up to receive our emails, your email address will be associated with our listerv unless you unsubscribe, after which we will mark your email address as unsubscribed. Any information you post in a comment to our blog will remain there unless you delete the comment or we delete the comment or the blog post. We reserve the right to retain information for longer periods as required by law or court order or if doing so is critical to our business.
What about privacy rights?
Depending on where you live or are located, you may have certain rights over your Personal Information that we collect and retain. You can exercise many privacy rights on your own:
- Emails. If you sign up for our emails or newsletter, or consent to receive promotional emails, we may send messages to the email address you provide. If you no longer wish to receive these types of messages, you can unsubscribe by following the links provided in our emails.
- Your Account. If you create an account associated with the Site, you can login to your account to access, correct or update, or delete certain Personal Information.
- Device Settings. You can control the data we collect through cookies and related technologies by adjusting your device settings or installing a third-party cookie plug-in.
- Texting. If you provide us with your wireless phone number, you consent to us sending you informational text messages. We will only send you promotional text messages if you opt-in. For all text messages, the number of texts you receive will depend on the information you request from us. You can unsubscribe from our text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
- Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests.
- Privacy Requests. The laws of some states and countries entitle residents to exercise certain privacy rights. The Ballinger Family is exempt from most of these legal requirements, but we welcome your questions by email at [email protected]. If you submit a request that we are legally required to fulfill, and you provide adequate details for us to fulfill it, we will make every effort to do so within the legally required timeline. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. A courtesy explanation of consumer rights over their Personal Information is provided below.
United States Privacy Rights
In the United States, consumer privacy is governed by federal privacy laws covering specific industries or data uses and state privacy laws providing with general consumer privacy rights. The Ballinger Family is based in California, where residents are protected by the California Consumer Privacy Act of 2018 (“CCPA”). Other states like Colorado, Connecticut, Nevada, Utah, and Virginia have similar laws. The Ballinger Family is a small family business, so we are exempt from most of these requirements. Just for fun, we have listed the rights typically provided by U.S. state privacy laws:
- Right to correct inaccurate Personal Information about you. If you become aware that your Personal Information on record is incorrect, or if your information changes, you can inform the business and ask that your information is updated.
- Right to deletion of your Personal Information. There are some exceptions to the right to deletion.
- Right to Access. You may have the right to request confirmation that a business has collected Personal Information about you and that the business provide you with access to that Personal Information. Sometimes the business is prohibited by law from disclosing certain pieces of Personal Information, and or may be limited in the number or frequency of requests it must fulfill.
- Right to Disclosure. You may request that a business disclose information to you about its collection and use of your Personal Information, such as: (a) the categories of Personal Information collected about you; (b) the categories of sources for the Personal Information collected about you; (c) the business purpose for collecting, using, processing, sharing or selling that Personal Information, as applicable; (d) the categories of third parties with whom the business disclosed that Personal Information; and (e) if the business sold or shared your Personal Information under the CCPA, two separate lists stating: (i) sales or sharing, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. Certain laws may limit the number or frequency of requests the business must fulfill.
- Opt-Out of Selling and Sharing. Some states entitle consumers to opt-out of the sale or sharing of Personal Information or targeted advertising practices. The Ballinger Family does not sell your Personal Information or share your Personal Information with third parties for cross-contextual behavioral advertising purposes.
- Limited Use and Disclosure of Sensitive Personal Information. If a business collects your sensitive Personal Information, you may have the right to opt-out or limit the business’s use of your sensitive Personal Information. The Ballinger Family does not endeavor to collect sensitive Personal Information, and in no case would we disclose any sensitive Personal Information for the purpose of inferring characteristics about you.
- No Profiling/Right to Opt-Out of Profiling. Some state laws give you the have the right to opt-out of automated profiling. Automated profiling generally means using Personal Information to evaluate, analyze, or predict your interests and preferences or otherwise use automated profiling to produce significant effects that concern you. The Ballinger Family does not use automated profiling anywhere on the Site.
- Right to Nondiscrimination. We will not discriminate against you for exercising your privacy rights. For example, unless permitted by law we will not: (a) deny you goods or services; (b) charge you different prices or rates for goods or services; (c) provide you a different level or quality of goods or services; (d) retaliate against you as an employee, applicant for employment, or independent contractor for exercising your privacy rights; or (e) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under applicable privacy laws.
- Right to Disclosure of Marketing Information. California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California residents to request certain disclosures regarding Personal Information sharing with affiliates and/or third parties for marketing purposes.
Please send any privacy requests to [email protected].
European Economic Area and United Kingdom
This section provides disclosures and notices in alignment with the General Data Protection Regulation and its counterpart regulation applicable to residents of the United Kingdom (collectively, “GDPR”). GDPR notices apply solely to residents of the European Economic Area (“EEA”) and the United Kingdom (“Data Subjects”). The Ballinger Family typically collects and processes Personal Information of Data Subjects as a controller. Data Subjects have the following rights over their Personal Information, subject to applicable limitations:
- Right to access your Personal Information. Upon request, we will provide you with a copy of your Personal Information and details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf. We may have one or more legally valid reasons to refuse your request in whole or in part, for example, to protect the rights of other individuals.
- Right to restrict processing of your Personal Information. You can request that we restrict the processing of your Personal Information if: (a) the data is inaccurate; (b) the processing is unlawful; (c) we no longer need the Personal Information; or (d) you exercise your right to object.
- Right to rectify your Personal Information. If you become aware that the Personal Information that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
- Right to data portability. In some circumstances, we are required to provide your Personal Information to another organization at your request and in a structured, commonly used, and machine-readable format.
- Right to erasure (a.k.a. the “right to be forgotten”). Upon your request, we must delete your Personal Information in certain circumstances and where required by law. This right is not absolute, and we may be entitled to retain and process your Personal Information despite your request. If you make this request, we balance certain legal, contractual, and business interests against your right to request the deletion of your Personal Information.
- Right to object to certain processing of your Personal Information. Upon your request, we will limit our processing of your Personal Information as you request in certain circumstances and where we are required to do so by law.
- Right not to be subject to automated decision-making. The Ballinger Family does not use automated decision-making to provide the Site. If this changes in the future, we will update this posting to describe our use of automated decision-making and your options to exercise your privacy rights related to your Personal Information processed using automated decision-making.
Data Subjects can exercise the rights provided under the laws applicable to them by submitting a request to [email protected].
This section provides the disclosures and notices required under Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and solely to residents of Canada where PIPEDA applies (“Canadian Consumers”). PIPEDA gives Canadian Consumers specific rights regarding Personal Information offering details on an identifiable person without the inclusion of name, title, telephone number, and business address of an employee of a business or organization. The rights afforded under PIPEDA are described below.
- Right to the accuracy of your Personal Information. We take steps to reasonably ensure that your Personal Information we are using is accurate. If you become aware that the Personal Information that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
- Right to access your Personal Information. Upon written request and identity authentication, we will provide you with your Personal Information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make the information available within 30 days or provide written notice where additional time is required to fulfill the request. We may not be able to provide access to some or all of the Personal Information you request if limited by law or potential infringement of another’s privacy rights. If we must refuse an access request, we will notify you in writing, document the reasons for refusal, and outline further steps that are available to you.
Canadian Consumers may exercise these rights by [email protected].
Can I visit the Site from outside the United States?
Yes, but your Personal Information will be processed according to United States law. The Ballinger Family is based in California and hosts our Site using infrastructure in the United States. If you access the Site from outside the United States, please be aware that your Personal Information may be transferred to, processed, stored, and used in the United States or other jurisdictions. When your information is moved from your home country to another country, the laws and rules that protect your Personal Information in the country to which your information is transferred may be different from those of the country where you live. For example, if your information is in the United States, it may be accessed by government authorities under United States law.
Is the Site secure?
We have implemented and maintain reasonable security measures to secure your Personal Information from accidental loss and unauthorized access, use, alteration, and disclosure. The Site is built with trusted website hosting tools and uses a broad spectrum of available security measures. The Site security is appropriate to the volume, scope, and nature of the Personal Information processed and designed to meet our duty of care with respect to your Personal Information. Please be aware that the transmission of information over the Internet is never entirely secure. You are responsible for keeping your device access and login information confidential. You are also encouraged to install anti-virus and anti-malware software on your devices and keep all software updated to avoid security risks. We cannot guarantee the security of information you submit via our Site while it is in transit over the Internet, and any such submission is at your own risk.
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