Last Updated: June 21, 2018
How we collect your information
Information You Provide. When you access the Website, subscribe to or use any Lullabot Communications, or at other times, we may collect and store personally identifiable information (generally defined to mean information that can be used on its own or with other information to identify, contact or locate a single person, or identify an individual in context) about you that may include, your name, e-mail addresses, information regarding your computer system, and other information.
Cookies. For each visitor to our Website, our web server may automatically attempt to identify the user through a cookie placed within the user’s web browser (a cookie is a message given to a web browser by a web server; the browser stores the message in a text file; the message is then sent back to the server each time the browser requests a page from the server). This is done to provide users with more relevant access to the Website. From time to time we may also track information, in the aggregate, on pages and features that users access or view. The activity is collected and stored in our server’s log files.
We may log Internet Protocol (IP) addresses, or the location of your computer on the Internet, for systems administration and troubleshooting purposes. We use this information in an aggregate fashion to track access to the Website. Our email newsletters utilize tracking technology that allows us to see how many newsletter e-mails are opened and the e-mail address of users who have clicked on a given feature. We use this information for internal purposes, to measure the aggregate number of people who view a given newsletter item.
How we process your personal information
The following sets forth the ways we process your personal information. For residents of the European Economic Area, this disclosure is required by GDPR Articles 13 and 14. GDPR also requires us to inform you that the legal basis for processing this information is, as applicable, your consent, our legitimate interest, or a contract we have entered into with you.
(a) We may process information about your use of the Lullabot Communications ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency, and pattern of your use of the Lullabot Communications. We use this usage data for the purposes of analyzing your use of the Lullabot Communications.
(b) We may process information that you post on our Website or through our services ("publication data"). We use this publication data to enable the posts and to administer the Lullabot Communications.
(c) We may process information contained in any enquiry you submit to us regarding the Lullabot Communications ("enquiry data"). We use this enquiry data for the purposes of offering, marketing and selling relevant goods and/or services to you.
(d) We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters and downloading Lullabot or third-party white papers ("notification data"). We use this notification data for the purposes of sending you relevant notifications, newsletters and/or white papers.
(e) We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our Website will generate the metadata associated with communications made using the website contact forms. We use this correspondence data for the purposes of communicating with you and record-keeping.
(f) We may process any of your personal information where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure and where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks or obtaining professional advice.
Providing your personal information to others
The following sets forth the ways we may disclose your personal information to others.
(a) We may disclose personal information to our suppliers or subcontractors insofar as reasonably necessary to maintain the Lullabot Communications. We may use service providers in connection with operating and improving the Website to assist with certain functions, such as email transmission, data hosting and some aspects of our technical and customer support. Among them are:
- Google - We use Google Analytics to track site statistics and user demographics, interests and behavior on the Website. Google's Privacy and Terms explain how it uses information from the Website.
We take measures to ensure that these service providers access, process and store information about you only for the purposes we authorize, subject to confidentiality obligations.
(b) We may disclose your personal information to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
(c) We may transfer part or all of your information in the case of a merger, acquisition, bankruptcy or other sale of all or a portion of Lullabot’s assets or stock. In addition, we may disclose your personal information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal information where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
Other disclosures of your information
We may store personal information in locations outside the direct control of Lullabot (for instance, on servers or databases co-located with hosting providers).
As we develop our business, we may buy or sell assets or business offerings. Customer, email and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers or dissolution. In such cases, we cannot control acquiring parties’ use of your information.
We may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Lullabot’s rights or property.
Links to other websites
The Lullabot Communications may contain links to other websites or services that may be subject to less stringent privacy standards. Lullabot cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites or services. We are not responsible for how such third parties collect, use or disclose your personal information. You should review their privacy policies before providing them with personal information.
Your right to opt out
We are committed to providing users of Lullabot Communications with the choice to receive or not receive e-mails, promotional materials and/or other communications from Lullabot. We only send commercial emails to users who have requested or consented to receive emails about our services and products. We do not send unsolicited commercial emails (“spam”), buy or sell email lists, or use purchased or harvested email lists. We offer commercial email recipients the opportunity to opt-out of further communications in every email. If you want to stop receiving commercial emails, promotional or other marketing materials, you can do so at any time by contacting Lullabot at email@example.com.
The Lullabot Communications are operated in and provided from the United States. If you are located in Canada, the European Union or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Lullabot Communications, participating in any of our services and/or providing us with your information, you consent to this transfer.
California and Canadian users
Under the California “Shine The Light” law, California residents may opt-out of the disclosure of personal information to third parties for the third parties’ direct marketing purposes. Canadian residents also have certain rights to know how their information may be shared with third parties for direct marketing purposes. As detailed above, you may contact us for such information or to opt-out of the sharing of your personal information with third parties for marketing purposes at any time by sending an e-mail stating this preference and including your full name and e-mail address to firstname.lastname@example.org. Please note that this opt-out does not prohibit disclosure for non-marketing purposes.
European economic area users - your data protection rights under General Data Protection Regulation (GDPR)
The General Data Protection Regulation, effective May 25, 2018, requires that certain information and certain rights be provided to residents of the European Union, as follows.
You may elect not to provide personal information. You may choose not to provide Lullabot with your personal information. However, if you choose not to provide your personal information, you may not be able to enjoy the full range of services that Lullabot offers.
How to exercise your rights. If you reside in the European Economic Area, you have certain rights to the personal information that we have collected about you. To exercise your rights to your personal information, please contact us at email@example.com. We will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law. You have the following rights:
(a) Right Of Access To Your Personal Information: You have the right to ask us for confirmation on whether we are processing your personal information, and access to the personal information and related information on that processing (for example, the purposes of the processing, or the categories of personal information involved).
(b) Right to Correction: You have the right to have your personal information corrected.
(c) Right to Erasure: You have the right to ask us to delete your personal information. This right may be exercised, among other times: when your personal information is no longer necessary for the purposes for which it was collected or otherwise processed; when you withdraw consent on which processing is based and where there is no other legal ground for processing; when you object to processing and there are no overriding legitimate grounds for the processing; or when your personal information has been unlawfully processed.
(d) Right To Restriction Of Processing: You have the right to request the limiting of our processing under limited circumstances, including: when the accuracy of your personal information is contested; when the processing is unlawful and you oppose the erasure of your personal information and request the restriction of the use of your personal information instead; or when you have objected to processing pending the verification whether the legitimate grounds of Lullabot override your grounds.
(e) Right To Data Portability: You have the right to receive the personal information that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
(f) Right To Object: You have the right to object to our processing of your personal information, as permitted by law. This right is limited to processing based on GDPR Art. 6(1)(e) or (f), and includes profiling based on those provisions, and processing for direct marketing purposes, after which we will no longer process your personal information unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms or for the establishment, exercise or defense of legal claims.
Right to lodge a complaint before the data protection authority. We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of personal information relating to you infringes applicable data protection laws.
The security of the Lullabot Communications and your information is of great importance to Lullabot. Lullabot has reasonable security measures in place to protect the loss, misuse, and alteration of your information under Lullabot’s control, but we make no assurances about our ability to prevent any such loss, misuse or alteration, and we shall have no liability to you or any third party from any loss, misuse or alteration. We do not warrant that your access to the Lullabot Communications is completely secure.
Lullabot shall notify any user whose information is suspected of being accessed, disclosed, altered or deleted by an unauthorized person so that the user can take appropriate measures to minimize the adverse effect of such a data security breach (a "Breach Notification"). Lullabot will make such Breach Notification soon after it learns of a breach, unless it deems, at its sole discretion, that such Notification might hinder and prevent ongoing efforts to detect the source of the breach. For the avoidance of doubt, a Breach Notification does NOT constitute an admission by Lullabot that the breach occurred as a result of malpractice, failure, bad faith or negligence on behalf of Lullabot or that the breach even occurred in Lullabot's systems.
Protecting the privacy of children is especially important. Lullabot does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use the Lullabot Communications. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information.
Governing law and jurisdiction