The Shipyard, LLC

General Privacy Notice 

The Shipyard, LLC (the “Company”) is a digital advertising, creative, media services, and data  analytics consultancy. The Company respects your right to privacy. This Privacy Notice  summarizes what personal information we may collect, how we may use this information, and  other important topics relating to your privacy and data protection.

It is the Company’s policy to comply with all applicable privacy and data protection laws. This  commitment reflects the value we place on earning and keeping the trust of our customers,  business partners, and others who share their personal information with us.

This Privacy Notice applies to the Company’s website (the “Website”), located at  www.theshipyard.com. It also applies to personal information we may otherwise collect: (i)  through providing our services; (ii) when you interact with us by means other than the Website,  for example, in person or by telephone; and (iii) from our customers, distributors, suppliers,  vendors, and other business partners (collectively “Business Partners”).

The Company's Use, Collection, and  Disclosure of Personal Information

To the extent required by applicable law, whenever the Company collects personal information,  we will: 

  • provide timely and appropriate notice to you about our data practices through this Privacy Notice;
  • collect your personal information only for specified and legitimate purposes. The information we collect will be relevant, adequate and not excessive for the purposes for which it is collected;
  • process your personal information in a manner consistent with the purposes for which it was originally collected or to which you have subsequently consented;
  • take commercially reasonable steps to ensure that your personal information is reliable for its intended use, accurate, complete, and, where necessary, kept up-to-date;
  • not use your personal information for direct marketing purposes without giving you an opportunity to opt-out; and
  • take appropriate measures, by contract or otherwise, to provide adequate protection for personal information that is disclosed to a third party or transferred to another country, including transfers within the Company.

What Personal Information Do We Collect?

The Company collects the following types of personal information:

  • Information You Provide

The Company collects personal information you provide us, which may include: (i)  contact information, such as your name, company name, job title, address, e-mail address,  and phone number; (ii) username and password for any accounts you may establish; (iii)  additional information about how you use our services; (iv) comments, questions,  requests, and orders you may make; (v) financial information needed to process payments  if you make purchases, such as credit card or account information or tax identification  number; and (vi) information about your preferences, such as your preferred methods of  communication and the types of services in which you are interested.

  • Information Automatically Gathered from Your Device

Device and browser information:

The Company may collect technical information about your device, such as device type,  browser type, IP address, operating system, and device identifier. The Company collects  this information automatically from your device and web browser through cookies and  similar technologies.

Information about how you interact with us:

The Company may collect technical data about your usage of the Website and how you  interact with our digital advertisements and promotions, such as content viewed or  downloaded, features used, links clicked, Company promotional emails opened, and dates  and times of interactions. The Company collects this information using cookies and  similar technologies.

Location information:

The Company may collect location information, including precise real-time location  information from your device and imprecise location information derived from, for  example, your IP address or postal code.

  • Cookies and Similar Technologies

Cookies:

A “cookie” is a file of information placed on your device when you visit a website.  Cookies and similar technologies can enhance your user experience by saving your  preferences, personalizing your online experience, and sometimes providing you with  advertising which is tailored to your interests.

The Website uses “session cookies.” A session cookie does not identify you personally  and expires after you close your browser.  

The Website also uses “persistent cookies.” These cookies do not expire when you close  your browser. Persistent cookies stay on your computer until you delete them or they  expire. By assigning your computer a unique identifier, we are able to create a database  of your previous choices and preferences which can be provided by us automatically,  saving you time and effort on future visits.  

You have the ability to accept or decline cookies by modifying the settings in your  browser. However, you may not be able to use all the interactive features of our site if  cookies are disabled. You may wish to visit www.allaboutcookies.org which contains  comprehensive information on how to modify the cookie settings on a wide variety of  browsers. You will also find details on how to delete cookies from your computer as well  as more general information about cookies. For information on how to do this on the  browser of your mobile phone or tablet you will need to refer to your device manual.  Please note that you will not be able to opt out of receiving certain cookies that are  strictly necessary for the delivery of a service requested by you.

Analytics

The Website uses Google Analytics, a web analytics service provided by Google, Inc.  (“Google”). Google Analytics uses cookies. The information generated by the cookie  about your use of the Website (including your IP address) will be transmitted to and  stored by Google on servers in the United States. Google will use this information for the  purpose of evaluating your use of the Website, compiling reports on website activity for  website operators, and providing other services relating to website activity and internet  usage. Google may also transfer this information to third parties where required to do so  by law, or where such third parties process the information on Google's behalf. Google  will not associate your IP address with any other data held by Google. You may refuse  the use of cookies by selecting the appropriate settings on your browser, but please note  that if you do this you may not be able to use the full functionality of this Website. By  using this Website, you consent to the processing of data about you by Google in the  manner and for the purposes set out above. To opt out of being tracked by Google  Analytics across all websites, visit https://tools.google.com/dlpage/gaoptout.

  • Information from Business Partners and other Third Parties

The Company collects personal information through our Business Partners. This  information may include contact information, such as name, company name, job title,  address, e-mail address, and phone number.

The Company may also obtain personal information from other third-party sources,  including publicly and commercially available sources. We may combine the information  we receive from our Business Partners and other third-party sources with information that  we collect from you or your device, as described above.

You have choices about the personal information you provide the Company. You may choose  not to provide information that we request, but if you do so, we may not be able to provide you a  relevant service or a particular feature of the Website.

How We Use Your Personal Information

The Company may use your personal information to:

  • Develop and manage our relationships with you and our  Business Partners

This may include: (i) delivering services or carrying out transactions that you or our  Business Partners have requested; (ii) providing information about the Company’s  services, transactions, and advertisements, that may be of interest to you; (iii) providing  you and our Business Partners a more consistent experience in interacting with the  Company, including by learning more about you and how you use and interact with the  Website and services; and (iv) planning, managing, and performing under our contractual  relationships with our Business Partners.

  • Communicate with you or your company

This may include: (i) informing you of the Company’s services and promotional activities  that may be of interest to you or your company; (ii) providing information about relevant  Company services and transactions, including, for example, pricing information,  technical data, invoice, or information about product or service improvements; (iii)  responding to questions or inquiries that you make, including customer service requests;  and (iv) inviting you to participate in, or informing you of the results of, customer  satisfaction or market research surveys.

  • Provide and improve our Website and services

This may include: (i) customizing them to your preferences or interests, making them  more compatible with your technology, or otherwise making them easier to use; (ii)  maintaining the security of and otherwise protecting them; and (iii) developing new  Company Websites and services.

  • Address legal issues

This may include: (i) complying with our obligations to retain certain business records  for minimum retention periods; (ii) establishing, exercising, or defending legal claims;  (iii) complying with laws, regulations, court orders, or other legal process; (iv) detecting,  preventing, and responding to fraud, intellectual property infringement, violation of our  contracts or agreements, violations of law, or other misuse of the Website, products or  services; and (v) protecting the Company’s rights or property, or yours or others’ health,  safety, welfare, rights, or property.

The Company may also use your personal information for other uses consistent with the context  in which the information was collected or with your consent.

The Company may anonymize or aggregate any of the information we collect and use it for any  purpose, including for research and product-development purposes. Such information will not  identify you individually.

When We May Share Your Personal Information

The Company will not disclose your personal information except as described here:

  • The Company may share your personal information with other Company entities,  including our parent company, TSY Enterprises, LLC. When we do so, these other  Company entities will use your information in a manner consistent with this Privacy  Notice and all applicable privacy and data protection laws.
  • The Company may also share your personal information with third parties we hire to  perform support services for us and to help us use your personal information as described  above. These third parties are required to treat your personal information in compliance  with all applicable privacy and data protection laws.
  • In some cases, the Company may share your personal information with third parties who  partner with us to provide services to our clients. If so, we will require our Business  Partners to use that information in a manner consistent with this Privacy Notice and all  applicable privacy and data protection laws.
  • The Company may share your personal information with third parties when we have a  good faith belief that disclosure is necessary: (i) to comply with a law, regulation, court  order, or other legal process; (ii) to detect, prevent, and respond to fraud, intellectual  property infringement, violation of our contracts or agreements, violation of law, or other  misuse of the Website or services; (iii) to protect the Company’s rights or property or  yours or others’ health, safety, welfare, rights, or property; or (iv) under similar  circumstances. If such an event occurs, we will take appropriate steps to protect your  personal information.
  • The Company may share your personal information with third parties in connection with  the sale, purchase, merger, reorganization, liquidation or dissolution of the Company, or under similar circumstances. If such an event occurs, we will take appropriate steps to  protect your personal information.
  • The Company may share your information with your permission or at your request.

The Company may share anonymized or aggregated information internally and with third parties  for any purpose. Such information will not identify you individually.

Internet-Based Advertising

As described above, we use your personal information to provide you with targeted  advertisements or marketing communications we believe may be of interest to you. For more  information about how targeted advertising works, you can visit the Network Advertising  Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding online-advertising/how-does-it-work/.

Security of Your Personal Information

Your personal information will generally be stored in the Company’s databases or databases  maintained by our service providers. The Company maintains reasonable safeguards to protect the confidentiality, security, and integrity of your personal information. Although we use  security measures to help protect your personal information against unauthorized disclosure,  misuse, or alteration, as is the case with all computer networks linked to the Internet, we cannot  guarantee the security of information provided over the Internet and will not be responsible for  breaches of security beyond our reasonable control.

Links to Third-Party Internet Sites and Plugins

The Website may contain links to websites or mobile apps that are not operated by the Company  and plugins from social media platforms and other third parties. Some examples of links to a  third-party website include those websites operated by our Business Partners, suppliers,  advertisers, sponsors, licensors, and other third parties. Examples of social media plugins are the  Facebook “Like” button and the option to “Share” the Website through your email, Facebook,  Twitter, Instagram, and LinkedIn. We provide these links and plugins as a service and do not  imply any endorsement of the activities or content of the related websites, apps, or social media  platforms, nor any association with their operators. To learn about the information collected by  these third-party websites, apps, and plugins, please visit their privacy policies. We encourage  you to review the privacy policies for the websites, apps, and social media platforms you visit  before using them or providing personal information.

Retention of Your Personal Information

How long we keep your personal information will vary and will depend on the purpose and use  of the information collected. There are legal requirements that we keep some types of data for  specific periods. Otherwise, we will retain it for no longer than is necessary for the purposes for  which the data was collected.

Children

The Website is not intended for children under 13 years of age. The Company will not knowingly solicit or collect personal information from or about children under 13, or the relevant  minimum age under applicable local legal requirements, except as permitted under applicable  law.

Your Consent

By using the Website, you signify your acceptance of terms set forth in this Privacy Notice and  the practices described herein. If you do not agree to this Privacy Notice and such practices,  please do not use the Website. Your continued use of the Website following the posting of any  changes to this Privacy Notice will confirm your acceptance of such changes.

Changes To This Privacy Notice

Changes to this Privacy Notice will be posted on this Site, along with information on any  material changes. The Company reserves the right to update or modify this Privacy Notice at any  time and without prior notice. Any modifications will apply only to the personal information we collect after the posting.

Additional Information

1. CALIFORNIA RESIDENTS

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website  who are California residents to request certain information regarding our disclosure of personal  information to third parties for their direct marketing purposes. You may make such a request by  contacting:

Privacy Questions
The Shipyard, LLC
580 North Fourth Street, Suite 500
Columbus, Ohio 43215 
1-800-211-3377
privacyquestions@theshipyard.com 

California Consumer Privacy Act

If you are a California resident, you may have additional rights with respect to our collection and  use of your personal information under the California Consumer Privacy Act of 2018 (the  “CCPA”). In compliance with the CCPA, we have adopted a Privacy Notice for California  Residents, a copy of which can be found here: https://www.theshipyard.com/california-privacy

policy  

2. NEVADA RESIDENTS

As outlined in this Privacy Policy, the Company may collect personal information about you  when you use the Website. Such information could include, among other things, your first and  last name, home or physical address, email address, telephone number, and financial information  needed to process payments if you make purchases, such as credit card or account information.

Although the Company may share your personal information with certain third parties as  outlined in this Privacy Notice, the Company does not sell your personal information to any third  parties for monetary consideration or share your personal information with any third parties that  license or sell the information to additional persons.

If you are a Nevada resident, you may have the right to review and request changes to the  personal information the Company has collected about you. You also may have the right to direct  the Company not to sell your personal information. If the Company begins selling personal data,  this Privacy Notice will be revised to reflect that change and you will have the right to opt-out of  the sale of your personal information.

You can exercise your rights by contacting:

Privacy Questions
The Shipyard, LLC
580 North Fourth Street, Suite 500
Columbus, Ohio 43215
1-800-211-3377
privacyquestions@theshipyard.com 

3. RESIDENTS OFTHE EUROPEAN ECONOMIC AREA

  • The Company’s lawful basis for processing your personal data

The lawful basis for the Company’s processing of your personal data will depend on the  purposes of the processing. For most personal data processing activities covered by this  Privacy Notice, the lawful basis is that the processing is necessary for the Company’s  legitimate business interests. Where we process personal data in relation to a contract, or  a potential contract, with you, the lawful basis is that the processing is necessary for the  performance of our contract with you or to take steps at your request prior to entering into  a contract. When we are required to share personal data with law enforcement agencies or  other governmental bodies, we do so on the basis that we are under a legal obligation to do so. We will also use consent as the legal basis where we deem appropriate or to the  extent required by applicable law, for example, before we collect precise location data  from your mobile device.

Processing on the basis of legitimate business interests:

When we process personal information on the basis that the processing is necessary for  our legitimate business interests, such interests include: (i) providing, improving, and  promoting the Website and services; (ii) communicating with current and potential  customers, other Business Partners, and their individual points of contact; (iii) managing  our relationships with our customers and other Business Partners, and their individual  points of contact; (iv) other business development purposes; (v) sharing information  within the Company, as well as with service providers and other third parties; and (vi)  maintaining the safety and security of our products, services, and employees, including  fraud protection.

Processing on the basis of performance of a contract:  

Examples of situations in which we process personal information as necessary for  performance of a contract include e-commerce transactions in which you purchase a  service from the Company, on your own behalf, through the Website.

Processing on the basis of consent:

Examples of processing activities for which the Company uses consent as its legal basis  include: (i) collecting and processing precise location information from your mobile  device; (ii) sending promotional emails when consent is required under applicable law;  and (iii) processing personal data on the Website through cookies and similar  technologies when consent is required by applicable law.

Processing because the Company is under a legal obligation to do so:

Examples of situations in which the Company processes personal data to comply with its  legal obligations include: (i) payment of taxes and other government levies; (ii) providing  your personal data to law enforcement agencies and other governmental bodies when  required by applicable laws; (iii) retaining business records required to be retained by  applicable laws; and (iv) complying with court orders or other legal process.

  • Additional information about the retention of your personal data

To determine the period for which your personal data will be retained in accordance with  this Privacy Notice, the Company considers criteria such as: (i) any applicable legal  requirements to retain data for a certain period of time; (ii) any retention obligations  related to actual or potential litigation or government investigations; (iii) any retention  requirements in relevant agreements with our Business Partners; (iv) the date of your last  interaction with the Company; (v) the length of time between your interactions with the  Company; (vi) the sensitivity of the data; and (vii) the purposes for which the data was  collected.

  • Your individual rights

In accordance with the applicable laws in the European Union, you have the following  rights with respect to your personal data, which apply differently in different  circumstances: right of access, right to rectification, right to erasure, right to restriction of  processing, right to data portability, and right to object to processing. Most of these rights  are not absolute. Below we describe these rights in more detail and provide information  on how you can exercise them. If you make a request to exercise your rights, we will  respond within one month, but have the right to extend this period by two additional  months, where necessary. If we extend the response period, we will let you know within  one month from your request.  

You can exercise your rights by contacting:

Privacy Questions
The Shipyard, LLC
580 North Fourth Street, Suite 500
Columbus, Ohio 43215
1-800-211-3377
privacyquestions@theshipyard.com 

Right of access:  

You have the right to ask the Company to confirm whether we process your personal  data. If we do, you have the right to request access to your personal data that we process  and the following information: (i) the purposes of the processing; (ii) the categories of  personal data we process; (iii) the recipients or categories of recipients of your personal  data; (iv) the envisaged retention period of the data where possible, or the criteria we use  to determine the retention period; (v) your right to request rectification or erasure of your  personal data, or restriction of the processing of such data; (vi) your right to file a  complaint with a supervisory authority; (vii) if we have not collected the data from you,  any information we have available about the source of the data; and (viii) whether we use  your personal data to make any automated decisions that have legal or other similar  significant effects on you.

Right to rectification:

You have the right to have the Company correct your personal data if they are inaccurate.  Taking into account the purposes of the processing, you may also have the right to have  incomplete personal data about you completed, including by providing a supplementary  statement to the Company.

Right to object to processing for the Company’s legitimate business  interests:

You have the right to object to the Company processing your personal data when that  data is processed on the basis of the Company’s legitimate business interests. The  Company will honor your objection and stop processing the relevant personal data unless:  (i) we have compelling legitimate grounds for the processing that override your interests,  rights, and freedoms; or (ii) we need to continue processing your personal data to  establish, exercise, or defend a legal claim.

Right to object to processing for direct marketing:

If the Company processes your personal data for direct marketing purposes, you have the  right to object to this processing. If you exercise this right, the Company will stop  processing your personal data for direct marketing purposes.

Right to restrict processing:

You have the right to request that the Company restrict the processing of your personal  data in the following circumstances: (i) for the period of time the Company needs to  verify the accuracy of your personal data when you contest its accuracy; (ii) when the  processing of your personal data is unlawful and you oppose the erasure of the data, and  instead request that the Company restrict the use of the data; (iii) when the Company no  longer needs your personal data for the purposes of processing, but you need the data to  establish, exercise, or defend a legal claim; or (iv) for the period of time the Company  needs to verify if it has compelling legitimate grounds for processing that override your  interests, rights, and freedoms when you object to the processing of your personal data  for the Company’s legitimate business interests.

If following your request, the Company restricts the processing of your personal data, we  will store your data, and otherwise process it only with: (i) your consent; (ii) to establish,  exercise, or defend a legal claim; (iii) to protect the rights of another natural or legal  person; or (iv) for reasons of important public interest of the European Union or a  Member State. The Company will also inform you before lifting the restriction of  processing.

Right to erasure:

The right to erasure is also called the “right to be forgotten.” You may ask the Company  to delete your personal data. This right is not absolute. The Company is required to delete  your personal data upon your request only in the following circumstances: (i) your  personal data is no longer necessary for the purposes for which we collected or processed  them; (ii) if the Company processes your personal data on the basis of consent, you  withdraw your consent, and no other legal ground exists for us to continue processing  your personal data; (iii) if the Company processes your personal data for its legitimate  business interests, you object to the processing, and there are no overriding legitimate  grounds for us to continue processing your personal data; (iv) if the Company has  processed your personal data unlawfully; or (v) the personal data must be erased to  comply with a legal obligation under European Union or Member State law to which the  Company is subject.

The Company is not required to erase your personal data to the extent that the Company  needs to process them to: (i) exercise its right of freedom of expression and information;  (ii) comply with a legal obligation under European Union or Member State law to which  the Company is subject; or (iii) to establish, exercise, or defend a legal claim.

Right to data portability:

You have the right to receive personal data you provided to the Company when: (i) the  processing of the data is based on your consent or is necessary for the performance of a  contract between you and the Company; (ii) the Company’s processing of your personal  data is carried out by automated means; and (iii) complying with your request will not  adversely affect the rights and freedoms of others.

If you have the right to receive such personal data and request that we provide it, the  Company will provide it to you in a structured, commonly used, and machine-readable  format.

Right to lodge a complaint with a supervisory authority:  

The Company will use its best efforts to address and settle any requests or complaints  brought to its attention. In addition, you have the right to approach the competent data  protection authority with requests or complaints. This can be the supervisory authority in  the country or federal state where you live.

Questions About This Privacy Notice

If you have any questions about this Privacy Notice or our use of your personal information,  please contact:

Privacy Questions
The Shipyard, LLC
580 North Fourth Street, Suite 500
Columbus, Ohio 43215
1-800-211-3377
privacyquestions@theshipyard.com 

Changes To This Privacy Notice

Changes to this Privacy Notice will be posted on this Site, along with information on any  material changes. The Company reserves the right to update or modify this Privacy Notice at any  time and without prior notice. Any modifications will apply only to the personal information we  collect after the posting.

This Policy Notice was last revised on October 8, 2020.