GDPR

What is the GDPR?
The General Data Protection Regulation (GDPR) is a recent European regulation replacing the current European Union (EU) Data Protection Directive. Its purpose is to ensure the security and protection of the personal data of people in the EU (residing or transitory). It is, essentially, a "Bill of Consumer Data Rights." While BlackWire Marketing LLC is not based in the EU, many of its customers are and will be. The GDPR regulates the processing of data, which includes the collection, storage, transfer or use, of personal data about EU individuals. Thus, where EU data is concerned, the company will have to comply with GDPR as well. Rather than maintain two levels of data security, we have opted to elevate our security and processing standards to GDPR-mandated levels for everyone.

Will BlackWire Marketing LLC be compliant with the GDPR by 25 May 2018?
Yes. BlackWire Marketing LLC will be compliant on or before 25 May 2018, the date the GDPR comes into force in the EU. We have a deep commitment to the privacy and security of your data, as well as your ability to access it. Maintaining compliance to GDPR constitutes no significant change in our philosophy or business practices.

Will our customers be able to use BlackWire Marketing LLC  products and services without risking a breach of the GDPR?
That's up to you. Our company will be GDPR compliant by 25 May 2018, and will ensure that tools exist such that BlackWire Marketing LLC  vendors can be GDPR compliant. But, while we may provide the tools to its vendors to ensure they can be GDPR compliant, it is the responsibility of the individual vendor to ensure that its business is compliant.

How has BlackWire Marketing LLC been preparing for the GDPR?

Because the spirit of the GDPR is in line with BlackWire Marketing LLC  philosophy and values, with an emphasis on customer data security and privacy, compliance with the GDPR has been more a matter of codifying our policies than a radical shift in our business model. 

Security and Privacy:
Data privacy is of paramount importance to us. To that end, not only have we employed industry standard best practices, but we have also contracted a world class security firm to ensure BlackWire Marketing LLC is fortified against breach. We are ensuring that our vendors can adhere to the highest customer opt-in standards.

Assurance of Rights:
Our goal is to allow you, the customer, to exercise your rights under the GDPR, including transparent access to data, and protection from unauthorized use of said data. Our practices will ensure these rights.

Do these changes affect BlackWire Marketing LLC customers in any way?
Yes. As stated above, we can provide updated contractual terms for you, and we can facilitate your compliance with the GDPR. The rest is up to you.

This page was updated on 1st May 2018 and replaces the prior version in its entirety.

GDPR Privacy policy
This privacy policy applies between you, the user of this website and BlackWire Marketing LLC, the owner and provider of this Website. BlackWire Marketing LLC takes the privacy of your information very seriously. This privacy policy applies to our use of any and all data collected by us or provided by you in relation to your use of the website.
This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: https://blackwiremarketing.com/legal
Please read this privacy policy carefully.

Definitions and Interpretation
In this privacy policy, the following definitions are used:
Data - collectively all information that you submit to BlackWire Marketing LLC via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies - a small text file placed on your computer by this Website when you visit certain parts of the website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws - any applicable law relating to the processing of personal data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective;
GDPR - the General Data Protection Regulation (EU) 2016/679;
BlackWire Marketing, LLC - BlackWire Marketing LLC of 1292 High St, Suite 219, OR, 97401;
Cookie Law - the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User - any third party that accesses the website and is not either (i) employed by BlackWire Marketing LLC and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to BlackWire Marketing LLC and accessing the Website in connection with the provision of such services;
Website - the website that you are currently using, https://blackwiremarketing.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions. Also any and all websites owned and operated by BlackWire Marketing, LLC. (BlackWire Marketing LLC websites are listed on this page.)
In this privacy policy, unless the context requires a different interpretation: the singular includes the plural and vice versa; references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy; a reference to a person includes firms, companies, government entities, trusts and partnerships; "including" is understood to mean "including without limitation"; reference to any statutory provision includes any modification or amendment of it; the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy
This privacy policy applies only to the actions of BlackWire Marketing LLC and Users with respect to this website. It also extends to any BlackWire-owned websites that can be accessed from this Website.
For purposes of the applicable Data Protection Laws, BlackWire Marketing LLC is the "data controller". This means that BlackWire Marketing LLC determines the purposes for which, and the manner in which, data is processed.

Data Collected
We may collect the following aata, which includes personal aata, from you: name; contact Information such as email addresses and telephone numbers; IP address (automatically collected); in each case, in accordance with this privacy policy.

How We Collect Data
We collect data in the following ways: data is given to us by you; and data is collected automatically.

Data that is given to us by you
BlackWire Marketing LLC will collect your data in a number of ways, for example: when you contact us through the website, telephone, postal mail, e-mail or through any other means; when you register with us and set up an account to receive our products/services; when you complete surveys that we use for research purposes (although you are not obliged to respond to them); when you enter a competition or promotion through a social media channel; when you make payments to us, through this website or otherwise; when you elect to receive marketing communications from us; when you use our services; in each case, in accordance with this privacy policy.

Data that is Collected Automatically
To the extent that you access the website, we will collect your data automatically, for example:  we automatically collect some information about your visit to the website. This information helps us to make improvements to website content and navigation, and includes your IP address, the date, times and frequency with which you access the website and the way you use and interact with its content. We will collect your data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".

Our Use of Data
Any or all of the above data may be required by us from time to time in order to provide you with the best possible service and experience when using our websites. Specifically, data may be used by us for the following reasons:  internal record keeping; improvement of our products / services; transmission by email of marketing materials that may be of interest to you; contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the website; in each case, in accordance with this privacy policy.
We may use your data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:  soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out. For other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide. If you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
We may use your data to show you BlackWire Marketing LLC adverts and other content on other websites. If you do not want us to use your data to show you BlackWire Marketing LLC adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed "Cookies" below).

Keeping Data Secure
We will use technical and organizational measures to safeguard your data, for example:  access to your account is controlled by a password and a user name that is unique to you. We store your data on secure servers.
Technical and organizational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your data, please let us know immediately by contacting us via this e-mail address: support@blackwiremarketing.com.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data Retention
Unless a longer retention period is required or permitted by law, we will only hold your data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the data be deleted.
Even if we delete your data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your Rights
You have the following rights in relation to your data:
Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
Right to correct - the right to have your data rectified if it is inaccurate or incomplete.
Right to erase - the right to request that we delete or remove your data from our systems.
Right to restrict our use of your data - the right to "block" us from using your data or limit the way in which we can use it.
Right to data portability - the right to request that we move, copy or transfer your data.
Right to object - the right to object to our use of your data including where we use it for our legitimate interests.
To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your data (where consent is our legal basis for processing your data), please contact us via this e-mail address: support@blackwiremarketing.com.
If you are not satisfied with the way a complaint you make in relation to your data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your data changes during the period for which we hold it.

Links to Other Websites
This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of Business Ownership and Control
BlackWire Marketing LLC may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of BlackWire Marketing LLC. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the data for the purposes for which it was originally supplied to us.
We may also disclose data to a prospective purchaser of our business or any part of it.
In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies
This website may place and access certain Cookies on your computer. BlackWire Marketing LLC uses Cookies to improve your experience of using the website and to improve our range of products and services. BlackWire Marketing LLC has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
All cookies used by this website are used in accordance with current Cookie Law.
Before the website places cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling BlackWire Marketing LLC to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
This website may place the following cookies:

Strictly Necessary Cookies - These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

Targeting Cookies - These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can choose to enable or disable cookies in your internet browser. By default, most internet browsers accept cookies but this can be changed. For further details, please consult the help menu in your internet browser.
You can choose to delete cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General
You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement will be governed by and interpreted according to the law of the State of Oregon. All disputes arising under the agreement will be subject to the exclusive jurisdiction of Oregon courts.

Changes to this privacy policy
BlackWire Marketing LLC reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the website following the alterations.

You may contact BlackWire Marketing LLC by email at support@blackwiremarketing.com.