Privacy Policy

Brinkmere Capital Partners, LLC and its affiliates (“we,” “us,” “our”) are committed to protecting your non-public personal information and providing a safe and secure online environment when using our Website: www.brinkmere.com and its pages and sub-domains, and such other URLs or domain(s) as we determine from time to time (collectively, this “Site”). The purpose of this Privacy Policy (this “Policy”) is to provide an understanding of our practices regarding the information that we may collect when you access this Site, how we may disclose and/or use the information, and how we may make corrections and/or updates to the information. We will post additional terms and conditions regarding your access to and use of this Site on other areas of this Site, including our Website Terms and Conditions (collectively with this Policy, the “Agreement”). You are responsible for reading all parts of the Agreement carefully before using this Site. Other than the Agreement, and any agreement between you and us regarding the sale of products/services, we will not enter into any other agreement with you through this Site.

By using this Site, you agree to be bound by the Agreement, regardless of whether you are registered with this Site. Your use of this Site is subject to your compliance with the Agreement. If you do not agree to be bound by the provisions of the Agreement, do not access or use this Site. We also may offer you the ability to connect with our Site, content and services using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices.

You should direct questions and concerns regarding this Policy and any other portion of the Agreement to admin@new.brinkmere.com. We make this Policy readily available on our home page and at the bottom of every page of this Site.

Information Collection

Personal Information

We have structured our Site so that, in general, you can visit us on the Web without identifying yourself or revealing any personal information. However, certain portions of this Site will require you to register and provide information that may personally identify you. Some pages of this Site may be P3P-enabled, which allows you additional control over your personal information. Furthermore, if you contact us via email, we will have obtained your email address. We use the information we gather to enhance the user experience on this Site, to authenticate visitors and to send notifications to visitors about our products/services, contests, and special events and offers.

This Site permits you to create a user profile, which may include personal information about you (“Personal Information”), including your name, your picture, the name of the companies with which you are affiliated, physical address information, email information, telephone numbers, user IDs and passwords, your age, billing and transaction information, contact preferences, educational and employment background, employer names, demographic information and information about your social media accounts, such as Twitter and Facebook (“Profile Information”). We will receive and record this Profile Information. You are not required to create a profile. If you create a profile, you have the ability to control which Personal Information is included in your profile. We bear no responsibility for any Profile Information you choose to include in your profile, and you are solely responsible for the accuracy and correctness of Profile Information.

We do not collect payments or payment information, such as credit card numbers or bank account numbers.

Non-Personal Information

We also gather additional non-personal information on this Site, such as data about usage and service operations that is not associated with a specific personal identity (“Non-Personal Information”). Non-Personal Information we collect may include technical information about the accessing computer hardware and software such as the IP address, browser type, domain names, referring website addresses, pages visited on this Site, and time spent on this Site. We use software tags called “cookies,” Web beacons and other technologies for data analysis and personalization services. More information about our use of Non-Personal Information is in Section 6 below.

Other User Information

Certain areas of this Site may permit you to provide answers, comments, feedback, ideas, messages, questions, suggestions, techniques, uploaded files and similar information through blogs or other similar online functions (“User Information”). Nothing requires you to disclose your identity to others. If you choose to post, publish or transmit User Information using any Site function or service, you do so at your own risk. If you provide User Information, we will not treat User Information as “Personal Information” for purposes of the Privacy Policy. More information about our use of User Information is in Section 7 below.

Disclosure and Use of Personal Information

We will not share, sell, or rent email addresses, passwords, first or last names, mailing addresses, telephone numbers, or other Personal Information provided on this Site with anyone, except as stated below:

• We may display Profile Information to other visitors to this Site to facilitate interaction in the social networking aspect of this Site. However, we will not reveal your full name to any other visitor.
  
  
• We may disclose Personal Information as legally required in order for us to respond to subpoenas, court orders, warrants, or other legal processes, or as necessary for us to enforce the Agreement.
  
  
• We may disclose Personal Information with your consent. We also may disclose Personal Information when disclosure is necessary in order to complete a transaction to which you have consented.
  
  
• We may collaborate with third parties to obtain specific services or employ companies or individuals to perform functions on our behalf. Examples include hosting our Web servers, analyzing data, providing marketing assistance, and providing customer service. These third parties, companies, and individuals may have access to Personal Information as necessary to provide those services and perform their functions. We do not process or collect payments, credit card information or bank account numbers. The privacy policies of the third parties will apply to the Personal Information you submit, rather than this Policy, and our Site will contain a link by which you can access the payment processor’s terms and conditions, and privacy policies.
  
  
• Where required to do so pursuant to contractual obligations, we may disclose information about your Site usage on a confidential basis to third-party auditors and to measurement and analysis firms. These parties are not permitted to use personally identifiable information except for the purpose of providing their services to us.
  
  
• We may transfer Personal Information across state and country borders for the purposes of data consolidation, storage, and simplified customer information management.
  
  
• We may transfer Personal Information to any person or entity succeeding to our business, including as a result of the sale of all or substantially all of our assets or a merger. We will make reasonable efforts to provide notice on this Site and to notify you at the latest e-mail address you have on file with us, if there is any change in ownership or control of your Personal Information.
  
  

If we transfer your Personal Information to a third party that is acting as an agent, we will ensure that the third party subscribes to the safe harbor principles or is subject to The European Commission’s Directive on Data Protection or another adequacy finding. As an alternative, we may enter into a written agreement with the third party requiring that the third party provide at least the same level of privacy protection as is required by the safe harbor principles.

Subscriptions by Email or Messaging

If you consent, we may use the Personal Information we gather on this Site, including contact information, to inform you via e-mail or other communications regarding the following: additional and/or new products/services available from us or our sponsors, updates at this Site, newsletters, or requests for opinions on current products/services or potential new products/services that we may offer. If you no longer wish to receive such information from us, you can opt-out by (a) following the instructions provided in the initial emails or messages you receive; (b) sending an e-mail to admin@new.brinkmere.com with the instructions about which information you would like to remove; or (c) accessing your account at this Site to change your preferences.

Notwithstanding anything contained in this Policy to the contrary, we may use, as we deem appropriate, statistical data generated through use of this Site provided that neither our use nor the statistical data result in the disclosure of any Personal Information that will identify you directly or indirectly. Our e-mail communications to you may use a click-through URL linked to content on this Site. When you click on one of those URLs, we will track this click-through data to measure the effectiveness of our customer communications. If you prefer that we not track this data in this manner, you should not click on any text or graphic links in our communications to you.

Management of Personal Information

Subject to certain exceptions, upon our receipt of written request from you and upon receiving from you sufficient information to confirm your identity, we will provide the Personal Information that we have collected about you for the purposes of enabling you to amend, correct or delete any inaccuracies. You may make this request to us via e-mail at admin@new.brinkmere.com. If the Personal Information is Profile Information, you may change it by accessing your account on this Site. If we are unable to provide the requested information within thirty (30) days after receipt of written request, we will provide a timeline for providing the requested information. If we deny access to your Personal Information, we will explain why and give contact information for further inquiries regarding the denial of access. We will send your Personal Information only to the latest e-mail address you have on file with us.

Security of Personal Information

We have commercially reasonable safeguards and security procedures to keep Personal Information confidential and secure from unauthorized access, disclosure, use, alteration, unlawful destruction, or accidental loss. We have procedural safeguards, such as authentication procedures to prevent ID theft. We also restrict access to Personal Information to only those employees who need to know the information to provide products/services to you.

We do not guarantee that unauthorized third parties will never be able to defeat these measures or access and use Personal Information for improper purposes. We assume no liability in those circumstances, nor for any Personal Information once it is transported onto a managed communication network (including the Internet), other than this Site. If we become aware that your Personal Information has been compromised, we promptly will notify you at the latest e-mail address you have on file with us.

Disclosure and Use of Non-Personal Information; Cookies

We receive an IP address and access date/time information each time you view a page from this Site. IP addresses and access dates/times, however, are not linked to Personal Information. We may use IP addresses for various purposes, including to diagnose reported service or technical problems associated with IP addresses, or to estimate the total number of users visiting this Site from specific localities, countries, or regions of the world.

As previously mentioned we may set cookies on the requesting computer and later access those cookies to help personalize and maximize the online experience and time online. A “cookie” is a small amount of data, stored on the requesting computer’s hard drive, which often includes a unique identifier sent to a browser requesting to view a Web page. We store only “session cookies,” which store session identification information solely while your browser is open and are deleted automatically when you close your browser. Normally, the preferences in your Web browser can be set to accept all cookies, reject all cookies, or notify you when a cookie is set and permit you to accept or decline cookies on an individual basis. It is your responsibility to set the preferences in your Web browser to the security levels you are comfortable with. However, if you set the preferences to reject all cookies, it may affect your experience on this Site.

This Policy covers only our use of cookies and does not cover the use of cookies by any advertisers, sponsors or any of our other business affiliates at this Site. Business affiliates and sponsors may collect information about you or others who are using your computer. We have no access to or control over these cookies.

Disclosure and Use of User Information

You are granting us an irrevocable, royalty-free, unlimited and worldwide license to assign, communicate, convey, copy, create derivative works from, display, distribute, exploit, export, lease, loan, post, publish, redistribute, rent, reproduce, republish, retransmit, sell, transfer, transmit or otherwise use User Information for any purpose whatsoever. You also waive all claims against us regarding the use of User Information, including any claims regarding infringement of intellectual property rights. You agree that we may preserve User Information, and may disclose User Information, if required to do so (a) by law or other legal process, (b) to enforce the Agreement, (c) to respond to claims that User Information violates the rights of third parties, or (d) to protect the rights, property or safety of us, our users or the general public. You agree that we may retain copies of all User Information for such purposes. You agree that User Information also may change to adapt and conform to technical requirements of connecting devices and networks. We reserve the right, in our discretion, to reject any of the User Information at any time without notice to you. We are not responsible for the privacy or security of any User Information that you choose to communicate or exchange using the functionality of the Site. You must have the right to disclose and transfer all content and information contained in the User Information, and you may not violate any other person’s privacy or intellectual property rights.

Links; Third Party Sites

As a courtesy to you, this Site may contain links to websites and resources owned by other individuals and entities, including those of our business affiliates and sponsors, or may bring such third party material and resources into this Site via “inverse hyperlinks” and framing technology (collectively, the “Third Party Sites”). We have no access to or control over Third Party Sites or cookies used by Third Party Sites. When you access those links, you are leaving this Site and are accessing the Third Party Sites at your own risk. We are not responsible for the privacy practices of other Third Party Sites; nor do we endorse (and we are not responsible for) the information and content contained on Third Party Sites; nor are we responsible for maintaining links to or availability of Third Party Sites. We encourage you to check the privacy policies of Third Party Sites before disclosing any non-public personal information.

User Eligibility; Minors

If you are under the age of 18, you may not access or use this Site without supervision by your parent or legal guardian. PORTIONS OF THIS SITE MAY CONTAIN MATERIAL INAPPROPRIATE FOR MINORS. Parents and legal guardians supervising use of this Site by a minor are responsible for the minor’s online conduct, controlling the minor’s access to and use of this Site, and all consequences of use and misuse by the minor.

If we become aware that a minor has provided or attempted to provide us with Personal Information, we will use our best efforts to remove the personal information permanently from our files, and will take any additional required measures under the Children’s Online Privacy Protection Act of 1998.

Your California Privacy Rights

Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which we have disclosed personal information during the preceding year for direct marketing purposes and a disclosure of the shared information. Alternatively, the law provides that if the company has a privacy policy that provides you with an “opt-out” choice for use of your personal information by third parties for marketing purposes, we may instead provide you with information on how to exercise your disclosure choice option. This Site qualifies for the alternative option. This Policy provides you with information on how you may opt-out from the use of your personal information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your personal information during the preceding year for marketing purposes. If you are a California resident and desire information about how to exercise your third party disclosure choices, send a request to admin@new.brinkmere.com.

Special Provisions Applicable to Users from Outside the United States

If you are a user of this Site located outside the United States, you agree that your personal information may be processed in and transferred to the United States.

Changes to this Privacy Policy.

We reserve the right, in our discretion, to add, change, delete, revise or update this Policy (“Changes”) at any time without notice to you. Any Changes will be effective immediately upon their publication on this Site. Accordingly, you agree that your continued access to and use of this Site after any Changes will constitute your agreement to be bound by those Changes. Because of the possibility that this Policy could change between your visits to this Site, we recommend that you check this Policy each time you visit this Site.

If, however, we are going to use your Personal Information in a manner different from that stated at the time of collection, we will notify you by posting a notice on this Site for thirty (30) days.

Miscellaneous

As discussed above, this Policy, together with our Website Terms and Conditions, form the Agreement between us and you. Accordingly, our Website Terms and Conditions contain provisions that apply equally to this Policy, including the provisions contained in the paragraphs entitled “Indemnification,” “Limitation of Liability,” “Disclaimer of Warranties,” “Survival of Certain Provisions,” “Governing Law and Venue,” “Arbitration,” “Force Majeure” and “Miscellaneous Terms” of our Website Terms and Conditions, which you are responsible for reading.

Additional Resources on Information Privacy

The Electronic Privacy Information Center focuses public attention on emerging civil liberties issues relating to the National Information Infrastructure. EPIC Alert is the online newsletter of the Electronic Privacy Information Center in Washington, D.C. The newsletter is bi-weekly and covers issues related to privacy and civil liberties in the information age.

Contacting Us

If have any questions about this Policy, please contact us at admin@new.brinkmere.com, or One Independent Drive, Suite 3207, Jacksonville, Florida 32202.

Revision Date: April 19, 2018

Copyright ©2018 Brinkmere Capital Partners, LLC, All Rights Reserved.