BLACKPOINT

PRIVACY POLICY & TERMS AND CONDITIONS

Privacy Policy
Effective Date: 8/3/2020

 

This Privacy Policy discloses the privacy practices for Blackpoint Holdings, LLC, Blackpoint Cyber and our affiliates (collectively “Blackpoint,” “we,” “our,” or “us”), owned and operated internet properties and websites displaying this Policy (the “Sites”), and the Blackpoint customer portal (collectively referred to as the “Services”), and any other services that display this Privacy Policy. Your privacy is very important to us. To better protect your privacy, we provide this Privacy Policy explaining our information practices and the choices you can make about the way your information is collected and used by Blackpoint.

 

In this Policy, we also briefly describe the information that we collect in our capacity as a service provider, in our provision of our security monitoring services.

 

The Information We Collect 

We may collect information, including any personally identifiable information that you provide to us in the course of using the Services.

Information We Collect from You

To create an account to access the Services, you must provide us with your name, business email address, company name, and the password you create for your account. If you make a purchase, we also will collect your payment information, such as your account information and billing address. If you use our managed detection and response service, we will collect contact information for a point of contact to receive security threat and event reports and communications.

If you contact us through our Sites, we collect your name, business email address and phone number, your company name and job title, and your purpose for contacting us.

Information We Collect Automatically

We also automatically collect information when you visit our web pages, open our emails or otherwise use the Services, including such information as the type of browser and operating system you are using, your IP address, your device identifiers, your Internet or wireless service provider, location estimates (based on IP address) , and the content you have interacted with, viewed, or accessed. This data may be combined and linked with data from other sources. We also may use tools that allow us to monitor how you navigate the Site and Services, such as how you move your cursor or where you enter text (without seeing the actual text you enter) to help us improve the Site and Services and to identify and diagnose bugs.

How We Use the Information We Collect 

We may use the information collected under this Privacy Policy in the following ways: 

Service Provisioning/Transactional Purposes:

  • To provide our Services to you.
  • To tailor the content and information that we may send or display to you, to provide personalized help and instructions, and to otherwise personalize your experiences while using the Services.

Customer Service Purposes:

  • To communicate with you about your use of our Services, to fulfil your orders, to respond to your inquiries, and for other customer service purposes.

Marketing:

  • To send marketing emails about: (1) our products and services, including newsletters about our products and services; (2) products and services of our affiliated companies; and (3) products and services of our unaffiliated partners.
  • We also may contact you by phone about our products and services.

Advertising:

  • To assist us in determining relevant advertising content and media.
  • To evaluate the success of our advertising campaigns (including our online targeted advertising and offline promotional campaigns).
  • See also our targeted advertising section discussed below.

Product Improvement/Research/Administration:

  • To better understand how users access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Services are more (or least) used by users, and we will use this information to improve our Services.
  • To implement and maintain security, anti-piracy, fraud prevention, and other services designed to protect you and us;
  • To enforce this Privacy Policy, our terms, and other agreements and policies.
  • To administer surveys and questionnaires, such as for market research or customer satisfaction purposes.

Legal Purposes:

  • To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
  • To manage or transfer our assets or liabilities, for example in the case of an acquisition, ‎‎merger, financing, or restructuring, as described below. ‎
  • Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our terms, customer agreements, or this Policy.

How We Share Your Information 

We will disclose information we retain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request. 

We disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. These service providers include our hosting providers and payment processors. We disclose information to advertising networks to assist us in advertising on and off our Site. Please see the Ad Networks section below for additional information.

We also may disclose the information we collect to our affiliates or subsidiaries.

From time to time we may partner with unaffiliated companies to host joint events and promotions. If you sign up for a jointly hosted event or promotion, we will share your sign up information with our event partners.

We disclose information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety, rights, or property of any person (including Blackpoint’s), violations of our terms of service or other agreements we have with you or this Policy, or as evidence in litigation in which we are involved.

We share aggregate, anonymized, or de-identified information we collect through the Services with third parties for marketing, advertising, research, information security, or similar purposes.

Please note that if Blackpoint or any of its subsidiaries or lines of business is merged, acquired, divested, financed, sold, disposed of or dissolved, including through merger of, consolidation, sale or divestiture of assets, the personally identifiable information we may possess about you, may, in whole or in part, be sold, disposed of, transferred, divested, or otherwise disclosed as part of that transaction or proceeding. As part of such transaction (whether or not completed), we may share certain of your personal information with lenders, auditors, and advisors, including attorneys and consultants, as well as with potential or actual financers, investors, shareholders or other third parties.

Privacy Options 

If you prefer not to receive e-mail marketing from Blackpoint please use the unsubscribe option included in our marketing emails or email support@blackpointcyber.com

Your California Privacy Rights: Shine the Light Notice to California Customers 

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline please email support@blackpointcyber.com. To find out more about your opt-out rights, please contact us as described in the “How to Contact Us” section below. 

Ad Networks 

We may use network advertisers to present or serve advertisements, including online behavioral advertisements, that you may see on the Site and on unaffiliated websites and other media, to measure the effectiveness of these ads, and to personalize advertising content to you. These ad networks may place and use tracking mechanisms, e.g., tracking pixels, through the Site and in the emails we may send to you. This Privacy Policy does not cover any use of information that such ad networks may have collected from you (e.g., type of browser, operating system, domain name, day and time of visit, page(s) visited) or the methods used by the ad networks to collect that information (e.g., cookies, web beacons and clear gifs). We may provide these ad networks with information, including personal information, about you.

We disclose certain information (such as your email address) to Facebook Custom Audiences (for more information on Facebook Custom Audience go here or to opt-out, go to the Facebook ad preferences page) and Google (to opt-out of Google Analytics Audiences and other Google advertising, go  )—so that we can better target ads and content to you and others with similar interests on unaffiliated websites or media (“Custom Audiences”). We may also work with other ad networks and marketing platforms that enable us and other participants to target ads to Custom Audiences submitted by us and others. You may also control how Facebook, Google, and other ad networks display certain ads to you, as explained further in their respective privacy policies or by using the opt-outs described below.

You may opt out of many ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) 

Cookies and other Tracking Technologies 

We and our service providers may place “cookies” on your computer or device. Cookies are small text files that we place in your computer or device to store your preferences, to make it easier for you to log in and navigate the Services, and to track your activities on the Services. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us, for example, when you create an account. Once you choose to provide us with personal information, this information may be linked to the data stored in the cookie. 

Most browsers automatically accept cookies. You can set your browser option so that you will not receive cookies and you can also delete existing cookies from your browser. However, you may find that some parts of the Services will not function properly if you have refused cookies or similar tracking technologies and you should be aware that disabling cookies or similar tracking technologies might prevent you from accessing some of our content. If you wish to block cookies, go to http://www.allaboutcookies.org/ to find out how, or check your browser’s instructions. 

Tracking technologies may be deployed by us and/or by our service providers or partners on our behalf. These technologies enable us to assign a unique number to you, and relate your usage information to other information about you, including your personal information. We may match information collected from you through different means or at different times, including both personal information and Service usage information, and use such information along with offline and online information obtained from other sources (including third parties) such as demographic information and updated contact information (where that information has been lawfully disclosed to us) for the purposes of learning more about you so we can provide you with relevant content. 

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track the activities of Services users, help us manage content, and compile statistics about Services usage. We and our service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Services. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services’ performance and user experiences. These entities may use cookies and other tracking technologies, such as clear GIFs or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to limit your data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Blackpoint Sites and Services do not recognize the “do not track signals” that some browsers may employ.

Links

Our Services may contain links to non-affiliated websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those non-affiliated websites. We are not responsible for the information practices of such websites.

Access to Your Personal Information

If you have an account with us, you may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Services for a period of time.

Our Commitment to Security 

We have put in place certain administrative, technical, and physical safeguards to help prevent unauthorized access and maintain data security. No system can be completely secure, however, and we do not guarantee that unauthorized disclosures and access will not happen. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy. 

The Information We Collect When Providing Our [Cyber Security Monitoring] Services

Blackpoint provides customers with [cyber security monitoring and managed threat detection and response services]. When customers install our security monitoring agents on their network devices, our technology automatically collects information about their network configurations and the devices connected to the network. This information includes, but is not limited to, device IP addresses, device identifiers (including MAC addresses), executable file names and when these files are launched, processes running on a device, antivirus events, device log ins, and removable media activity. We use the information that we collect on behalf of our customers to provide our [cyber security monitoring] services to customers and as directed by our customers. We may retain certain information that we collect on behalf of our customers for our own use, as permitted by our customers and applicable law. For example, we may use this information to build new products or to improve the quality of our products and services, to identify potential security threats and incidents, to protect against fraudulent or illegal activity, and for security research and analytics purposes. Unless directed by our customers, we do not share information that identifies our customers or their users with any other customers.

Changes to this Privacy Policy 

This Privacy Policy may be changed by Blackpoint at any time in its discretion. The revised Privacy Policy will be posted to this page so that you are aware of the information we collect, how we use it, and under what circumstances we may disclose it. 

How to Contact Us 

If you have any questions or concerns about the Blackpoint Holdings, LLC Privacy Policy or its implementation please contact us via email at support@blackpointcyber.com or by writing to: 

Blackpoint Holdings, LLC 

6031 University Boulevard, Ste 230 

Ellicott City, MD, 21043 

Terms & Conditions
Effective Date: 8/3/2020

These terms and conditions and all other legal documents incorporated by reference (collectively, the “Terms”) are a legal contract between “you” and Blackpoint Holdings LLC dba Blackpoint Cyber (collectively “Blackpoint,” “we,” “our,” or “us”)  with respect to access to and use of our associated internet properties (including without limitation https://blackpointcyber.com/) as linked and offered by us, our subsidiaries and/or affiliated companies, and any software that we provide to you for download in your devices (each an “application”) (all of these collectively, the “Site”).

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS GOVERN YOUR USE OF THIS SITE. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THIS SITE YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. BLACKPOINT MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS DOCUMENT. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS SITE.

Authorized Use

Subject to these Terms, we authorize you to view and download the information and other materials at or through this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not, without the prior written permission of Blackpoint, “mirror” any material contained on this Site on any other server.

The Site may allow certain registered users to access additional services, which are subject to any additional terms applicable to such portal(s) or services and which are hereby incorporated by reference if you access and/or contract such additional services (“Additional Terms”).   In the event of any conflict between these Terms and the Additional Terms, the Additional Terms will prevail. In cases where the Additional Terms do not address specific provisions that are included in these Terms, these Terms will apply, supplementing such Additional Terms. 

We reserve the right to terminate or modify the Site in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Site to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Site.

Privacy

Personal information collected about you by this Site is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms by reference. If you do not agree to these Terms or the Privacy Policy, you must discontinue using this Site.

Ownership

You acknowledge and agree that the content displayed on or through this Site, including without limitation all information, data, text, software, photographs, graphics, video, or other materials (the “Content”) is copyrighted by us or our licensors under United States of America and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content, including the Site itself. Copyright © 2020 Blackpoint Cyber. All rights reserved.

The Blackpoint logo and certain other words and logos displayed on this Site and which may or may not be designated on this Site by a “TM” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks (collectively, “Marks”) of Blackpoint or other entities. You are not authorized to use any such Marks without our prior written consent. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us.

Disclaimers

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE OR THE CONTENT SHALL BE AT YOUR SOLE DISCRETION AND RISK. THIS SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BLACKPOINT DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY.  NO WARRANTY IS MADE BY BLACKPOINT ON THE BASIS OF TRADE USAGE OR COURSE OF DEALING.  BLACKPOINT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS SITE OR THE CONTENT OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS SITE OR THE CONTENT.

Limitation of Liability

IN NO EVENT SHALL BLACKPOINT OR ITS AFFILIATES, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS SITE.

Prohibited Conduct

When using the Site you agree not to (as applicable):

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, hateful, misogynist, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on the Site.
  • Post anything clearly false or misleading.
  • Post anything unrelated to our business, products or services.
  • Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive.  Blackpoint reserves the right terminate access to and/or use of the Site with or without cause and with or without notice, for any reason or no reason, or for any action that Blackpoint determines is inappropriate or disruptive to the Site or to any other user of the Site.  Blackpoint may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at Blackpoint’s discretion, Blackpoint will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Blackpoint, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site or the Content or your breach of any representations, warranties, covenants or obligations contained in these Terms.

Links to Other Sites

This Site may provide links to third-party websites or resources and contain third-party advertisements.   We may also offer certain services provided by our business partners through this Site.  You agree and understand that such third-party websites or resources are subject to their own privacy policies and terms of use, that you are subject to those legal terms, and that we have no control over such websites and resources. You acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that this Site provides links to or that provide links to this Site, or (ii) any content, goods, or services available on or through any such sites or resources. We take no responsibility for third party advertisements which are posted on this Site, nor do we take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or providers of goods or services found on or through this Site and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.

In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site is provided by Blackpoint Holdings LLC, 6031 University Blvd, Suite 230, Ellicott City, MD 21043, United States of America.   If You have a question or complaint regarding the Site, please contact Customer Service at info@blackpointcyber.com.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

General

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, USA, excluding its conflicts of laws principles. Foreign laws do not apply.  The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. If any dispute relating in any way to these Terms or your use of this Site shall be submitted to confidential arbitration in Maryland, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Maryland, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms together with any Additional Terms, policies and any other legal documents incorporated by reference constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral.

Contact Us

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at +1 (410) 203-1604 or by emailing Us at info@blackpointcyber.com.