Privacy Policy

Last Updated: January 16, 2025

Your information privacy is important to us.  We provide this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use the baycollective.com website (the “Site”) and related services offered by Bay Collective IP, LLC and any other time you interact with our Company (“Services”).  This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your information we have collected pursuant to this Privacy Policy.  This Privacy Policy applies to all users of the Site and Services.  The Site and Services are provided by Bay Collective IP, LLC (together, “Company” “we” “our” “us”).

BY USING THE SITE OR SERVICES, YOU AGREE TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. PLEASE READ IT CAREFULLY. IF YOU DO NOT CONSENT AND AGREE WITH THE TERMS OF THIS PRIVACY POLICY, YOU CANNOT, AND WE DO NOT AUTHORIZE YOU TO, ACCESS, BROWSE, OR USE THE SERVICES.

Our processing of personal information, such as your name, address, e-mail address, or telephone number, will be undertaken consistent with the requirements of applicable privacy laws, including, but not limited to, the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), the Virginia Consumer Data Protection Act of 2021, the Colorado Privacy Act of 2021, the Utah Consumer Privacy Act of 2022, the Connecticut Data Privacy Act of 2022, the Texas Data Privacy and Security Act, the Oregon Consumer Privacy Act, the Montana Consumer Data Privacy Act, the EU General Data Protection Regulation (“GDPR”), the UK General Data Protection Regulation (“UK GDPR”), and the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”).

1.Information We Collect

We collect the following categories and types of information:

• Identifying information: IP address, device information (e.g., unique device identifier, device type, IP address, operating system), browser information (e.g., browser type), and location information (e.g., approximate geolocation);
• Internet or other electronic activity: your log data, date and time stamps, browsing and click history, including information about how you navigate within our Site and Services and which elements of our Site and Services you use the most;
• Commercial information: products or services viewed on our Site.

2. How We Use Information

We do not engage in automated decision making. We may use information (including information that has been de-identified and/or aggregated) to better understand who uses the Services and how we can deliver a better user experience.  We use information, including personal information, to provide the Services and to help improve the Services, to develop new services, and to advertise our services. Specifically, we use your information for the following categories of use:

• Analytical Purposes: We use your identifying information, internet or other electronic activity, and commercial information to analyze preferences, trends and statistics and better understand user interaction with the Site and Services.
• Maintenance and Improvement of the Site and Services: We use your identifying information, and internet or other electronic activity to:
  • Provide you with the Site and Services;
  • Handle your customer services requests; and
  • Help us diagnose technical and service problems and administer the Site and the Services.
• Security and Fraud Prevention: We use your identifying information, commercial information, and internet or other electronic activity to protect the Site and Services, our company, and others, and to prevent fraud, theft and misconduct.

3. Sources of Information

We collect information from the following sources:

• We collect contact information directly from you.
• We collect information from you passively. We collect other identifying information and internet or other electronic activity passively using tools like browser cookies, mobile device identifiers, web beacons/clear gifs/pixel tag, and other tracking technologies. This activity is further described in our Cookies Policy. The information collected by such tools allows us to analyze how many people are using the Services, using selected publishers’ websites, or opening emails, and for what purpose. We may also use third-party analytics services in connection with the Services, including, for example, to register mouse clicks, mouse movements, scrolling activity and text typed into the Services. We use the information collected from these services to help make the Services easier to use and as otherwise set forth herein. These analytics services generally do not collect personal information unless you voluntarily provide it.

4. Categories of Third Parties To Whom We Disclose Information

• Service Providers – From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and whose privacy practices are consistent with ours (“Service Providers”).  For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data analytics, storage and management.  Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your information from unauthorized access, use, or disclosure.
• Our Affiliates – We may disclose information to businesses controlling, controlled by, or under common control with our company.
• Compliance with Laws and Law Enforcement – We cooperate with government and law enforcement officials and private parties to enforce and comply with the law.  We may disclose information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
• Social Media Entities – We may disclose information to social media entities when you request us to, such as through your use of social media widgets.

5. Cookies

Our policies and practices concerning our use of cookies (a small text file placed on your computer to identify your computer and web browser), anonymous identifiers (a random string of characters that is used for the same purposes as a cookie), web beacons/clear gifs/pixel tag (a small graphic image that records a viewer’s visit to a website or email), and other tracking technologies can be found here: Cookies Policy.

6. “Do Not Track” (DNT) and Universal Opt-Out Preference Signals

Some web browsers (including Safari, Internet Explorer, Firefox, and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to web services that a visitor does not want to have their online activity and behavior tracked. If a web service operator elects to respond to a particular DNT signal, the web service operator may refrain from collecting certain personal information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many web service operators, including the company, do not proactively respond to DNT signals.  For more information about DNT signals, visit http://allaboutdnt.com.

New standards are being developed for a Universal Opt-Out Mechanism, such as the Global Privacy Control (GPC), which allow users with GPC-enabled browsers and devices to send a signal that will communicate the user’s request to opt-out of sales of their personal information and to opt-out of certain sharing of their personal information. The CPRA and other laws allow for the acceptance of Opt-Out Preference Signals such as the GPC, as an option for users to transmit an Opt-Out of selling/sharing personal information. If we detect and recognize such a signal from your device or browser, we will honor it.

7. Artificial Intelligence & Automated Decision-Making

We employ artificial intelligence (AI) technologies (“AI Systems”) to enhance the performance and functionality of the Services which includes tailoring your experience through automated processing based on your activity using the Services. The AI Systems work by analyzing your usage patterns, preferences, and other interactions within our services to predict your interests and preferences. The insights gathered allow us to improve our service offerings, provide personalized content and advertising, and enhance user satisfaction. By using the Services, you consent to the use of AI as described in this Privacy Policy. We encourage you to review your privacy settings regularly to ensure they continue to reflect your preferences. For more information on your rights and how we use AI, or if you have any concerns about automated decision-making processes, please contact us at info@baycollective.com.

8. Data Collection by AI Systems< Our AI Systems collect data that you provide directly or indirectly through your interactions with the Services. The data collected may include, but is not limited to:

• Usage data, such as the pages you visit, the links you click on, and the searches you conduct on our platform.
• Device and connection information, including your IP address, browser type, language, and cookies that uniquely identify your browser or account.
• Location information, determined through data such as your IP address or device’s GPS signal.

9. Automated Decisions

Our AI Systems may make automated decisions including:

• Content curation and recommendations based on user preferences and historical activity.
• Fraud detection and prevention through behavior analysis to identify and flag unusual activity that deviates from typical usage patterns.

10. User Rights and Control

You have the right to:

• Obtain an explanation of any automated decision and challenge its basis.
• Opt-out of certain uses of your data, including profiling activities for personalized content or advertising.
• Access the personal data that the AI Systems use or contribute to, and request rectification or erasure of such data.
• Receive information about the logic involved in any automated decisions, as well as the significance and the envisaged consequences of such processing for you.

11. Safeguards and Oversight

We are committed to using AI responsibly. To this end, we implement the following safeguards:

• Regular auditing of our AI Systems for accuracy, fairness, and effectiveness.
• Human oversight to monitor AI decision-making and intervene as necessary to address anomalies or biases.
• Compliance with privacy regulations, ensuring that data used by AI is processed lawfully, transparently, and securely.
• Managing Your Information Preferences

You can opt out of receiving certain e-mails from us by e-mailing us at info@baycollective.com, or by following the link provided at the bottom of all marketing e-mails you receive from us.  You are able to opt out of receiving marketing e-mails from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account and/or purchases made.  If you have questions or concerns regarding this Privacy Policy, please e-mail us at that same address.

12. Be Careful When You Share Information with Others

Please be aware that whenever you share information on any public area of the Site or Services, that information may be accessed by others.  In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others.  This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

13. Security

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us.  However, no security measures are perfect or impenetrable.  As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.

14. Social Features

Certain features of the Site and Services permit you to initiate interactions between the Site and Services and third-party services or platforms, such as social networks (“Social Features”). Social Features include features that allow you to click and access our pages on certain third-party platforms, such as Facebook, Instagram and Twitter, and from there to “like” or “share” our content on those platforms. Use of Social Features may entail a third party’s collection and/or use of your data. If you use Social Features or similar third-party services, information you post or otherwise make accessible may be publicly displayed by the third-party service you are using. Both the Company and the third party may have access to information about you and your use of both the Site and Services and the third-party service. For more information on third-party services and platforms, see the section below titled “Links”.

15. Links

Our Site and Services may contain links or references to other websites, third-party services and apps not operated or owned by us.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We do not exercise control over third-party websites.  Please be advised that the privacy and information collection practices described in this Privacy Policy does not apply to information gathered through the third-party websites, third-party services, and apps. We have no control over, and are not responsible for, the actions and privacy practices of these third parties and their respective websites, offered services and apps.  You access such third-party websites and apps at your own risk.  If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. You should always read the privacy policy of a third-party website or app before providing any of your personal information. Information you share on third-party social networking platforms (such as Facebook, Instagram or Twitter) may also be viewable by other users of the Site and Services and/or users of those third-party platforms without limitation as to its use by us or by a third party.

16.Children’s Privacy

The Site and Services are intended for users who are 18 years old or older.  We do not knowingly collect information from children under the age of 13.  If we become aware that we have inadvertently received information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. If you are under 18, do not attempt to register for the Services or send us any personal information. By accessing, using and/or submitting information through the Services, you represent that you are not younger than 18 and that you have authority to do so. If you are a parent or legal guardian of a minor child, you may, in compliance with this Privacy Policy, use the Services on behalf of such minor child. Information you provide through the Services on behalf of a minor child will be treated as personal information as provided herein. If you use the Services on behalf of another person, regardless of age, you represent and warrant that you have authority to do so.

17. Processing in the United States

Please be aware that your information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country.  If you are located outside of the United States, please be advised that we process and store all information in the United States.  The laws in the United States may not be as protective of your privacy as those in your location.  By using the Site or Services, you are agreeing to the collection, use, transfer, and disclosure of your information and communications will be governed by the applicable laws in the United States.

18. Notice to California Residents/Your California Privacy Rights

This section applies to you only if you are a California resident (“resident” or “residents”). For purposes of this section, references to “personal information” shall include “sensitive personal information,” as these terms are defined under the CCPA.

Processing of Personal Information

In the preceding 12 months, we collected and (where indicated below) disclosed for a business purpose the following categories of personal information and sensitive personal information (denoted by *) about residents:

The specific business or commercial purposes for which we collect your personal information and the categories of sources from which we collect your personal information are described above in the sections titled “How We Use Information” and “Sources of Information”. We only use and disclose sensitive personal information for the purposes specified in the CCPA.

We retain your personal information for as long as is reasonably necessary for the purposes specified in this Privacy Policy. When determining the length of time to retain your personal information, we consider various criteria, including whether we need the personal information to continue to provide you the Services, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or products.

Selling and/or Sharing of Personal Information

We sell and/or share certain categories of personal information and, in the preceding 12 months, we have sold and/or shared the following categories of personal information about residents:

Your California Privacy Rights

As a California resident, you may have the rights listed below in relation to personal information that we have collected about you. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.

• Right to Know. You have a right to request the following information about our collection, use and disclosure of your personal information:
• • Categories of personal information we have collected, disclosed for a business purpose, sold, or shared;
  • Categories of sources from which we collected personal information;
  • The business or commercial purposes for collecting, selling, and/or sharing personal information;
  • Categories of third parties to whom the personal information was disclosed for a business purpose, sold, or shared; and
  • Specific pieces of personal information we have collected.

• Right to Delete. You have a right to request that we delete personal information we maintain about you.
• Right to Correct. You have a right to request that we correct inaccurate personal information we maintain about you.
• Right to Opt Out of Sale or Sharing.  You have a right to direct us not to sell or share your personal information. To exercise this right, please contact us at info@baycollective.com.
• Right to Non-Discrimination. We will not discriminate against you for exercising any of these rights.
• Right to Restrict the Use of Sensitive Personal Information. You have the right to restrict the use of your sensitive personal information.
• Right to Access Information on Automated Decision-Making. You have the right to access information collected through automated decision-making. Additionally, you can opt-out of our use of automated decision-making related to your personal information.

You may exercise any of these rights by contacting us using the information provided below.  We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or government issued ID, before providing a substantive response to the request. You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.

In addition, California law permits residents to request certain details about how their “personal information” (as defined in California Civil Code Section 1798.83) is shared with third parties for their direct marketing purposes. We may from time to time elect to share certain personal information about you with third parties for those third parties’ direct marketing purposes. Residents may, under certain circumstances, obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year. To make such a request, please contact us using the information listed below. Please note that we are only required to respond to one request per resident each year.

19. Canada, European Union and United Kingdom Privacy Rights

If our processing of your personal information is subject to GDPR, UK GDPR, and/or PIPEDA, and unless subject to an exemption, you may have the following rights with respect to your personal information:

Right of Access: You have the right to view and request copies of your personal information.

Right to Rectification: You have the right to request that your inaccurate or outdated personal information be updated or corrected.

Right to be Forgotten/Right to Erasure: You have the right to request your personal data be deleted, upon providing verification to us.

Right to Restrict Processing: You have the right to request the restriction or suppression of our processing of your personal information.

Right to be Informed: You have the right to be informed about the collection and use of your personal information.

Right to Data Portability: You have the right to ask for your personal information to be transferred to you or to another controller.

Right to Withdraw Consent: You have the right to withdraw previously given consent to process your personal information.

Right to Object: You have the right to object to the processing of your personal information.

Right to Object to Automated Processing: You have the right to object to decisions being made with your personal information solely based on automated decision making or profiling.

We will need to verify your identity to process any requests described in this section and may deny your request if we are unable to verify your identity. Government or other identification may be required.

If you are a resident of the European Economic Area (“EEA”), when we process your personal information, we will only do so in the following situations:

• We need to use your information to perform our responsibilities under our agreement with you.
• We have a legitimate interest in processing your personal information. For example, we may process your personal information to send you marketing communications, to communicate with you about the Services, and to provide and improve the Services.
• We have your consent to do so.

If your personal data is subject to GDPR or UK GDPR, we will transfer personal data from the EEA to a location outside the EEA only when there has been a documented adequacy determination, or where we have confirmed adequate privacy protections. If your personal data is subject to PIPEDA, we will transfer personal data from Canada to locations outside Canada only where we have confirmed adequate privacy protections. If we transfer personal data to a third party acting as our agent, we will also obligate the third party to have adequate privacy protections in place.

20. Privacy Policy Changes

We may change this Privacy Policy from time to time.  If we make material changes to the way in which we use information we collect, we will use reasonable efforts to notify you (such as by posting notice of such changes on the Site, or by other means consistent with applicable law) and will take additional steps as required by applicable law.  Those changes will go into effect on the “Revised” date shown in the revised Privacy Policy.  By continuing to use the Site or Services, you are consenting to the revised Privacy Policy. If you do not agree to any updates to this Privacy Policy, please do not access or continue to use the Site or Services.

21. Contact Us

The data controller for the purposes of CCPA, GDPR, UK GDPR, PIPEDA or other data protection laws is Bay Collective IP, LLC.  If you have any questions or concerns, you may contact our team at info@baycollective.com.

Please print a copy of this privacy policy for your records and PLEASE check the Site frequently for any changes.