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Effective: January 1, 2023
BW Industries, Inc. and its affiliated companies and subsidiaries (“us”, “we”, or the “Company”) are committed to respecting your privacy rights. We collect, use, and are responsible for certain personal information about you, and have created this Privacy Notice (this “Privacy Notice”) to demonstrate our commitment.
This Privacy Notice is applicable to the data we collect about you, and any services and products that you may request or that we may ultimately provide you (the “Services”). The Privacy Notice applies to whether you’re a visitor at (i) one of our websites, including www.bitwiseindustries.com (the “Website”) or (ii) our physical places of business, or any other place we may conduct business (collectively, the “Site”). Some of our affiliates have their own distinct privacy policies, which we encourage you to review. Please refer to the privacy statement on those websites for more information about applicable privacy practices.
We ask that you read this Privacy Notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint. Where our privacy practices differ from this Privacy Notice, we will provide you relevant materials as may be required by applicable law.
We do not direct any of our content specifically at children under the age of 13 years, nor do we collect any personal information from anyone who we know to be under the age of 13 years. If we learn or have reason to suspect that a particular user is under the age of 13 years, we will use our best efforts to prevent access to the Website of such user and to delete any personal information in such user’s account on our Website.
California Civil Code Section 22581 permits minors under the age of 18 years, or their parents or guardians, to request and obtain removal of their information. To request removal of your personal information please contact us using the methods described in this Privacy Notice. Note that removal under the law does not ensure complete or comprehensive removal of your information.
In our operations, we may collect or obtain certain information such as, but not limited to, your name, mailing address(es), e-mail address(es), phone number(s), gender, age, date of birth, social security number, occupation, education level, income, race, religion, political party affiliation, and other bibliographic information, payment and applicable financial account information, and information pertaining to your creditworthiness, assets, income, or liabilities, information about your use of the Site, products and services which you have purchased, obtained, or have researched or to which, by use of the Website, have otherwise indicated interest, your IP address, geolocation data, domain servers, types of computers accessing our Website, types of browsers, and other data of a technical nature which relates to your use and access of the Website (collectively referred to as “Information”).
As used in this Privacy Notice, and any of its supplemental policies, “Personal Information” is any Information that identifies (or can be used to identify) you or which permits the physical or online contacting of you, such as your name, address, email address, and phone number. “Anonymous Information” is any information that does not identify, and cannot reasonably be used to identify, you. “Pseudonymous Information” is any information that cannot be attributed to you without the use of additional information. “Aggregate Information” is any information about groups that does not identify, and cannot reasonably be used to identify, you.
Information you Provide Us: When you engage with us, we may include registration, surveys, questionnaires, and other forms that ask you to provide information, including Personal Information. Some of the information that we collect is required from you to enable us to provide you with the services you request from us. For example, you may request that we add you to our newsletter, may request that we contact you, or you may order product or services from us, and as part of that request we may require you to provide your name, address, or email address. We will inform you at the point of collecting information from you whether you are required to provide information to us. If you choose not to provide us with the required information, you may be unable to utilize the services provided at the Site.
Server Information: Our servers may automatically collect Information of a technical nature, such as your IP address and your browser type, which relates to your use and access of the Website. This data does not in and of itself personally identify you but is helpful for improving user experience. In the event that you provide Personal Information while visiting our Website, this data may be correlated to you and thus your Personal Information.
Online Tracking: Many browsers provide the ability for a user to send a “Do Not Track” signal which indicates that a user does not wish to have activity tracked. We may collect Personal Information across third-party websites or online services and may permit third-parties from tracking consumers while they are on the Website. For a list of the trackers and our purpose for using them, please visit our “Privacy Disclosures Page” at https://bitwiseindustries.com/privacy-disclosures/ or contact us pursuant to Section 6 of this Privacy Notice. Currently there is no industry standard on how to respond to “Do Not Track” signals; however, if you send a “Do Not Track” signal while using the Website, we will take every effort to respect your wishes that are possible. In any event, we will adhere to the standards set forth in this Privacy Notice.
Third Party Sources: We may also obtain information from additional sources of data, not directly collected from you, to provide better customer service. For example, you may engage with us through social media services or third-party platforms, plug-ins, or applications, through which you may allow us to have access to certain information in your profile or account, such as your name, email address, photographs, network connections, and activities. Please refer to the respective policies on those third-party services, platforms, plug-ins, and applications to review your privacy rights and settings. Information may include public or private data from various sources and held at varied secured data storage facilities, inside and/or outside of the United States. For an entire list of specific data collected from third-parties, how the data is stored, and our purpose for using the data, please visit our “Privacy Disclosures Page” at https://bitwiseindustries.com/privacy-disclosures/ or contact us pursuant to Section 6 of this Privacy Notice. We will hold such data for the period of time as set forth, and at least for any period of time required by law.
Advertising Choices: We may provide third-party advertising on the Website in an attempt to provide additional content that may be relevant to you. We do not control the use of any information about you that the third-party advertiser may obtain or use, and recommend you review their data collection and use policies. There are a variety of tools which are available to you to “opt-out” of interest-based advertising on the Website, as well as on the internet generally, including by utilizing the tools available from Network Advertising Initiative and Digital Advertising Alliance. There are also a variety of browser tools and plug-ins which you can use in an attempt to block advertising and advertisements as you use the internet. For an entire list of specific data collected by these third- parties, please visit our “Privacy Disclosures Page” at https://bitwiseindustries.com/privacy-disclosures/ or contact us pursuant to Section 6 of this Privacy Notice.
Payment Processing: We do not directly collect your payment information and we do not store your payment information. We use third-party, PCI compliant, payment processors, which collect payment information on our behalf in order to complete transactions. While our administrators are able to view and track actual transactions via customer portals, we do not have access to, or process, your credit card information.
We use the Information, including Personal Information and all other information, to provide you access to the experiences, products, and services at our business, to personalize the content and experiences at our business, to communicate with you about transactions initiated at our business, to offer you any additional products or services that we think you may have an interest in receiving, to analyze traffic, to help diagnose problems with our server, to administer the Site, to determine how users interact with the Website, and for other similar reasons. We may also use the Information to send you offers for products and/or services from third-parties, and to provide you with personalized advertising based on your activity on the Website and any third-party websites, platforms, plug-ins, and applications.
We may also use Anonymous Information, Pseudonymous Information, or Aggregate Information (or other information other than Personal Information) in any other manner that we deem appropriate or necessary, including to operate, understand, and improve the Site, products, services, and operations, including by using research and analytics tools. Such use may include sharing this type of information with business partners and advertisers.
Dependent on the jurisdiction in which you access our Website, you may be required to expressly consent to the sale, or sharing of your Personal Information to third-parties, as well as those not affiliated with us. Please review the applicable section of this Privacy Notice to you for a greater discussion relating to those rights. If those rights are not applicable to you, we may sell, share, or rent Personal Information to third-parties, and we may otherwise disclose Personal Information to third- parties not affiliated with us. Notwithstanding, we may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on us or our any one of our related companies, subsidiaries or affiliates, (2) protect and defend our rights or property or those of our users, or (3) act under exigent circumstances to protect the safety of the public or customers or visitors.
In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected by us. If our company or substantially all of our assets are acquired, your Personal Information and/or other Information may be one of the assets transferred to the acquirer. You may be given the opportunity to opt out of any such transfer if, in our opinion, the new entity plans to handle your information in a way that is different in an important way from this Privacy Notice.
For a list of how we use your Personal Information, how we provide such information to the third party, the information provided, and the purpose in providing the data, please visit our “Privacy Disclosures Page” at https://bitwiseindustries.com/privacy-disclosures/ or contact us pursuant to Section 6 of this Privacy Notice.
We retain your information for as long as needed or permitted in light of the purposes for which it was obtained and consistent with applicable law. The criteria we consider to determine our retention period includes: (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal, regulatory, or statutory obligation to which we are subject; or for other circumstances as they may relate to your relationship with the Company.
We may use third party vendors, services, plugins, applications, platforms, and other service or technology partners (the “Third Party Vendors”) to provide a more robust experience at the Site. The Third-Party Vendors may collect, receive, or generate information from or about you when you visit us to provide valuable features and services and to otherwise make our business available to you. You acknowledge that no method of transmission or electronic storage is completely secure, and we cannot control how your information is collected, stored, disclosed, or used on or by the Third-Party Vendors. By using the Site, you acknowledge that you may be transferring and storing your information with the Third-Party Vendors at your own risk. Your data will be subject to the policies and practices set out in each Third-Party Vendor’s respective privacy and data use policies. Use of the Site constitutes your acceptance of each Third-Party Vendor’s Privacy Notice and data practices. For a list of specific data collected by third-party providers, our purpose for using the third-party provider, and a link to the Third-Party Vendor’s Privacy Notice, please visit our “Privacy Disclosures Page” at https://bitwiseindustries.com/privacy-disclosures/ or contact us pursuant to Section 6 of this Privacy Notice. We will hold such data for the period of time as set forth, and at least for any period of time required by law.
The Website may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.
If you have any questions about this Privacy Notice or our practices related to the Site, or if you wish to exercise any rights granted to you by statute, please contact us:
Bitwise Industries, Inc.
ATTN Legal 700 Van Ness Avenue
Fresno, CA 93721
The safe keeping of your Personal Information is extremely important to us. We have measures in place by which we intend to prevent the loss, misuse, and alteration of the information that we obtain from you, including implementing various technical, administrative, electronic, and physical security measures designed to prevent Personal Information from accidentally being used or accessed in an unauthorized way. Unfortunately, despite our efforts, there are no methods that can fully prevent a breach, we cannot be liable for unauthorized disclosure of Personal Information due to no fault of our own, including but not limited to, errors in transmission and unauthorized acts of our staff and third parties. In the event of a suspected data security breach, we will notify you and any applicable regulator where we are legally required to do so.
We are located in the United States and the Website is published in the United States intended only for users from the United States. To the extent permitted, this Privacy Notice shall be governed by and construed and enforced in accordance with the laws of the State of California, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of California to the rights and duties of the parties. U.S. law shall govern in any and all disputes.
This Privacy Notice was published on May 25, 2021 and last updated on January 1, 2023. It constitutes our entire agreement with you concerning our collection and use of Information as you use 7 the Site. Notwithstanding, you may also be subject to additional terms and conditions, policies, guidelines, or rules that may apply when you use or interact with the Site. We may, in our sole discretion and without prior notice, revise this Privacy Notice at any time. We shall post any revision to this Privacy Notice to the Website, and the revision shall be effective immediately on such posting, unless stated otherwise. You agree to review this Privacy Notice and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Site, you agree to any such revision.
California residents are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100 et. seq.) and the “Shine the Light” Law (California Civil Code section 1798.83). To learn more about your rights under these laws, please visit our “California Privacy Notice” at https://bitwiseindustries.com/california-privacy-policy/ or contact us pursuant to Section 6 of this Privacy Notice. In the case of any discrepancies between this Privacy Notice and your rights under the California Privacy Notice, your rights under the California Privacy Notice will govern.
Nevada Senate Bill No. 220 requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. We do not sell your Personal Information to third-parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. To make such a request or learn more about our compliance with Nevada law, please contact us using the methods described in the “Contact Information and Requests” section of this Privacy Notice. In the case of any discrepancies between this Privacy Notice and your rights under relevant Nevada statutes, your rights under the statutes will govern.