- the type of information about you Embree collects through the Site;
- how Embree collects such information;
- how Embree uses such information;
- who will have access to such information; and
- Embree’s security measures for protecting such information.
As used herein, the term “personal information” means information that relates to an identified or an identifiable individual (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that Embree may collect from you, such as anonymized data.
1. A Special Note About Minors. The Site is a general audience website intended for use by adults. The Site is not designed or intended to attract and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Embree does not collect personal information through the Site from any person it actually knows to be under thirteen (13) years of age. If Embree obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.
Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Embree removes content or information about you that is posted on the Site. Please submit any such request (“Request for Removal of Minor Information”) to firstname.lastname@example.org, with a subject line of “Removal of Minor Information.”
For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:
- the nature of your request;
- the identity of the content or information to be removed;
- whether such content or information is found on the Site;
- the location on content or information on the Site (e.g., providing the URL for the specific web page the content or information is found on);
- that the request is related to the “Removal of Minor Information;”
- your name, street address, city, state, zip code and email address; and
- whether you prefer to receive a response to your request by mail or email.
Embree is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.
PLEASE NOTE THAT THE AFOREMENTIONED REMOVAL DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF SUCH CONTENT OR INFORMATION POSTED ON THE SITE.
Also, please note that Embree is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Embree to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Embree anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
The foregoing is a description of Embree’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that Embree is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
2. Categories of Information Collected. Embree may collect personal and non-personal information about you through the Site. Depending upon your use of the Site, the categories of such information might include:
- Your name (first, last and/or middle) and unique identifiers (e.g., username);
- Your login information for the Site (e.g., username, password, security questions and answers);
- Your contact information (e.g., mailing address, email address, telephone number, facsimile number);
- Your gender;
- Your date of birth;
- Your electronic signature;
- Your billing, account, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history);
- Your business information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number);
- Information related to your inquires about possible investment and/or business opportunities with Embree and/or one or more of its parent, subsidiary or affiliated companies;
- Information related to your inquiries about possible employment with Embree and/or one or more of its parent, subsidiary or affiliated companies (e.g., name, mailing address, email address, telephone number, salary requirements, interests, resume);
- Your computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes);
- Third-party website, network, platform, server and/or application information (e.g., Facebook, LinkedIn, Twitter, Instagram);
- Usage activity concerning your interactions with the Site and/or third-party websites, networks, platforms, servers or applications accessed through the Site (e.g., how you accessed the Site, where you go when you leave the Site, number of clicks on a page or feature, amount of time spent on the Site or a page or feature, the identity of third-party websites, networks, platforms, servers and applications accessed through the Site);
- Usage activity concerning products and services provided to or accessed by you on or through the Site (e.g., number of viewers, viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections);
- Your transactional information (e.g., investments, projects, offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site);
- Information about third parties that you refer to Embree (e.g., name, email and/or other contact information, relationship);
- The information set forth in your online account registration, user profile, and/or user directory forms for the Site;
- Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Site or which are accessed via your public or linked social media pages (e.g., Facebook, LinkedIn, Twitter, Instagram);
- Your name associated with your mobile device;
- Your telephone number associated with your mobile device;
- Your geolocation; and/or
- Your mobile device ID information.
3. How Information Is Collected. Depending upon your use of the Site, Embree might collect personal and non-personal information from you when you visit, access, register with, subscribe to or use the Site; when you register for, subscribe to, order or purchase any products and/or services on, through or in relation to the Site; when you have an investment account accessible through the Site; when you “sign in,” “login,” or the like to the Site; when you allow the Site to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Embree asks you for such information.
In addition, if you or a third party sends Embree a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site, then Embree may collect any personal or non-personal information provided therein or therewith.
Finally, Embree might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
- Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
- Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
- Retargeting pixels, which are cookie-based technologies that might follow you across the web.
- Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some web beacons from tracking or recording certain information about your activities.
- Tokens, which are digital objects or pieces of code that enable the tracking of emails and other electronic communications, online activities and devices (such as, for example, tracking tokens, device tokens), or that authenticate the identity of individuals or devices authorized to access certain secured information (such as, for example, access tokens). Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some tokens from tracking certain information about your activities.
- Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site, and deactivated or deleted when the user disconnects from the Site.
- Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.
- Other third-party data tracking or analytic technologies (e.g., deep linking, eTags, device fingerprinting or cross-device tracking).
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site might not function properly.
By visiting, accessing, registering with or using the Site, you acknowledge and agree in each instance that you are giving Embree permission to monitor or otherwise track your activities on the Site, and that Embree may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.
4. Use of Information Collected. Embree may use the personal and/or non-personal information it collects from you through the Site in a variety of ways, such as, for example, to:
- Fulfill your requests;
- Process your payments;
- Prepare and send statements relating to your investment(s);
- Place, fulfill, process and/or track payments and/or other information relating to your projects, transaction(s), and/or purchases;
- Facilitate your movement through the Site;
- Facilitate your use of the Site and/or its respective products and services;
- Provide customer service;
- Send you communications like, for example, administrative emails, answers to your questions and updates about the Site;
- Allow you to communicate with others through the Site like, for example, through online chat rooms, and bulletin boards;
- Provide you with information about Embree, its parent, subsidiary or affiliated companies and/or their respective businesses, products and services by letter, email, text, telephone or other forms of communication;
- Provide you with customized content and services, including advertising and promotional information (e.g., targeted ads, retargeted ads), recommendations for content you might like, and cross-app or cross-site functionality across multiple third-party websites and mobile apps;
- Provide you with information about third-party businesses, products and/or services by letter, email, text, telephone or other forms of communication;
- Improve the Site and/or its respective content, features and services;
- Improve the products, services, marketing and/or promotional efforts of Embree and/or its parent, subsidiary or affiliated companies;
- Create new products, services, marketing and/or promotions for Embree and/or its parent, subsidiary or affiliated companies;
- Market the businesses, products and/or services of Embree and/or its parent, subsidiary or affiliated companies;
- Help personalize user experiences with the Site and/or its respective products and services;
- Analyze traffic to and through the Site;
- Analyze user behavior and activity on or through the Site;
- Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Embree, its parent, subsidiary or affiliated companies, the Site, and/or their respective products and/or services;
- Monitor the activities of you and others on or through the Site;
- Create device fingerprints and profiles about the possible relationships among different browsers and devices;
- Create consumer profiles, which may combine your personal or non-personal information from the Site with your personal or non-personal information from another source or service;
- Protect or enforce Embree’s and/or its parent, subsidiary or affiliated companies’ respective rights and properties; and/or
- Protect or enforce the rights and properties of others (which may include you).
Embree reserves the right to use your personal and non-personal information when:
- Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
- Embree believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Embree, a user of the Site which may include you or anyone else who may be harmed by such activities or to further Embree’s legitimate business interests).
5. Sharing of Information Collected. Embree may share your personal information with the following:
- Embree’s employees, agents and administrators;
- Embree’s accountants, financial advisors and legal advisors;
- Embree’s parents, subsidiaries and affiliates;
- Service providers and other third parties who help Embree provide, manage, administer, maintain, monitor, distribute, operate or facilitate the Site, who help Embree develop, market or provide its products and services, or who help further Embree’s business efforts (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, data analysis companies, credit card or other payment processing companies, online shopping cart providers, advertising partners), as needed in order for them to perform such services;
- Law enforcement or other governmental entities in response to what Embree believes to be an allegation or suspicion of illegal activity, a request relating to a civil or criminal investigation, an allegation or suspicion of illegal activity, a subpoena, a court order, or any other activity that may expose Embree to liability if it does not act or comply;
- Any third parties who Embree believes are necessary to help or allow Embree to protect and enforce its rights and properties, including, without limitation, to enforce its rights under Embree’s Terms and Conditions or any other agreements Embree has with you, and to protect and enforce its intellectual property rights; and/or
- Any third parties who Embree believes are necessary to help or allow Embree to protect the rights and properties of other (which may include you), assuming that Embree believes it has an obligation to do so.
Embree also reserves the right to share your personal information with third parties in connection with or as a result of any potential or actual merger, acquisition or other event involving a change in ownership or control of Embree or Embree’s business (whether by sale of assets, merger, stock purchase or otherwise).
Embree does not limit the ways in which it might use or share non-personal information – and Embree reserves the unencumbered right, but not the obligation, to use or share non-personal information – because non-personal information does not identify you. For example, Embree may freely share non-personal information with its parent, subsidiary and affiliated companies, its vendors, its suppliers, its representatives and other individuals, businesses and government entities.
You may choose to share certain information and/or follow other users on the Site. You may choose to share your contact information with other users or provide it publicly.
6. Data Retention. Embree may retain your personal information and non-personal information for as long as it reasonably required for a legitimate business purpose. Embree may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by both you and Embree concerning the same or as required by law.
8. Security. Embree implements security measures to help protect the personal information it collects through the Site.To help maintain the security of your personal information, Embree asks that you please notify it immediately of any unauthorized visit, access or use of the Site, or the loss or unauthorized use of your user access information for the Site (e.g., username or password).
9. Retention, Review, and Change of Information Collected. Your personal information collected through the Site, if any, or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to email@example.com, with a subject line of “Your Personal Information.”
For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:
- the nature of your request;
- that the request is related to “Your Personal Information;”
- your name, street address, city, state, zip code and email address; and
- whether you prefer to receive a response to your request by mail or email.
Embree is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled or incorrectly sent. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
10. California Privacy Rights. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA Privacy Notice.
13. Online Tracking. Embree does not respond to “do not track” (DNT) signals.
17. Mergers, acquisitions, and other business transactions. Embree may decide to sell, buy, merge or otherwise reorganize its business. If that occurs, you will be notified by email or a prominent notice on our webpage of any ownership change and any change in the use of your personal information. These types of transactions may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers. We seek appropriate protection for personal information in these types of transactions.