PRIVACY POLICY AND TERMS OF USE

 

PRIVACY POLICY

 

Last Updated: November 2022

 

We Respect Your Privacy

In the course of serving you as an individual or as someone associated with a corporation or institution, Baton Systems, Inc., (“we”, “our”, “us” or “Baton Systems, Inc. ”) may collect, hold, use and disclose (“process”) information about individuals, which may constitute personal data.

This Privacy Policy describes how we may process your personal data when you visit our website at www.batonsystems.com (the “Website”) or use any sites affiliated with Services we provide. Other or additional privacy policies or statements may apply when you use or access our other websites or other sections of or pages on this Website, or when you purchase, subscribe or participate in our products or services.

Please read this Privacy Policy carefully to understand how we process your personal data. If you do not agree with the practices and procedures described in this Privacy Policy, please discontinue using the Website.

 

Information We Collect

Voluntarily Provided Personal Information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our public Website, use the Baton Platform, subscribe to blogs (or other Website content), fill out an online contact form, or in connection with other activities, services, features or resources we make available. We will collect personal identification information from Users only if they voluntarily provide such information to us. Users can always refuse to supply personally identifiable information (PII), except that it may prevent them from engaging in certain Website or Platform related activities.

• If you contact us via the Website or submit a contact form to download content, we will collect the information that you provide when you do so, such as your name, e-mail address, telephone number, firm name, firm type, and any information included in your message to us.
• If you apply for a job via the Website, we will collect the information that you provide when you do so, such as your name, e-mail address, phone number and any information contained in your resume or other document(s) you submit to us.

Automatically Collected Personal Information

As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including, without limitation, details of your visits to the Website (such as traffic data, your name, company you may be associated with, location data, logs, and other communication data and the resources and pages that you access and use on the Website), information about your computer and internet connection (such as your IP address, device type, operating system and browser type), and other information obtained through third-party analytics tools.

 

How We Use Information

Unless you opt-out, Baton Systems, Inc. may use personal information obtained or given to:

• Provide, deliver, analyze, and administer our Services (including in connection with the performance of a contract).
• Process transactions related to our Services and administer accounts or profiles related to you or your organization (including registrations, subscriptions, purchases, payments, etc.).
• Track user activity and traffic to the Website.
• Contact you about other services and products we offer, unless you have opted out of receiving such communications.
• Contribute to our remarketing and re-engagement efforts.
  • This includes, but is not limited to, placing ads on other sites you visit across the internet.
  • Third-party vendors may use cookies and/or device identifiers to serve you ads, on sites across the internet, based on your past visits to our Website and/or Platform. 
• As otherwise permitted under any applicable law or regulation or if you have provided us with prior consent.

Third-Party Website Tracking Software

Baton Systems, Inc. uses various third-party website tracking solutions to track how people gain access to or read our content. We use this information to understand what content our members find useful or interesting, so we can produce the most valuable content to meet their needs. Information about these organization’s privacy practices can be found at the following links (including detailed instructions to opt out of these services):

• http://www.google.com/intl/en/policies/privacy/ 
• https://legal.hubspot.com/privacy-policy 

Cookies

Cookies are small, usually randomly encoded, text files that help your browser navigate through our websites. The cookie file is generated by the Website when you access it and is accepted and processed by your computer’s browser software. The cookie file is stored in your browser’s folder or subfolder. Cookies enable us to compile statistical information about how you use our Website, including, without limitation, information relating to the frequency of visits, IP addresses, the average length of visits, which pages are viewed during a visit, the effectiveness of any advertising on the Website, authentication information, periods of inactivity, time zones, language preferences and other regional information. We and our third party service providers may use information from cookies and other technologies in accordance with the purposes defined in the “How We Use Information” section.

Information held in cookies set by Baton Systems, Inc. are kept to a minimum and can only be read by Baton Systems, Inc., our authorized third party service providers, or by someone who has physical access to your personal computer. Many web browsers allow you to control the use of most cookies through their browser settings. To learn more about cookies, including information on what cookies have been set on your computer and how cookies can be managed and deleted, visit www.allaboutcookies.org.

Unless you have adjusted your browser setting so that it will reject cookies, our system will issue cookies when you access or use the Website. Other technologies we may use may not be blocked by your browser or other interface settings. By accessing or using the Website you consent to Baton Systems, Inc. using cookies in accordance with this Privacy Policy.

How can you Opt-out of Use of Your Personal Data for Marketing Purposes?

If you wish to limit our use of your personal data for marketing purposes, as described in this Privacy Policy, you may do so by:

• Clicking the “Unsubscribe” link at the bottom of any marketing email you receive from us and following the instructions.
• Submitting a written request via email to [email protected], or by mailing correspondence to Baton Systems, Inc., 39650 Liberty St. Suite 360, Fremont, CA 94538

If you choose to email or write to us, your request should include your name, e-mail address, address and telephone number to which the opt-out applies. Written opt-out requests should not be sent with any other correspondence. In order to process your request, we require that the request be provided by you directly and not through a third party. Once you have informed us about your privacy preferences, your opt-out preference will remain in effect with respect to this Privacy Policy until you notify us otherwise.

 

How We Share Information / Disclosure of Personal Information

We share personal information for the purposes set out in this Privacy Statement and with the following categories of recipients:

• Baton Systems, Inc.. We may share your personal information amongst the companies within the Baton Systems, Inc. group of companies.
• Your Organization and Contacts. We may share your personal information with your organization and others with whom you have a relationship in order to fulfill or perform a contract or other legal obligation.
• Business Partners. We may share your personal information with our business partners to jointly offer, provide, deliver, analyze, administer, improve, and personalize products or services (including these Services) or to host events. We may also pass certain requests from you or your organization to these business partners.
• Third Party Service Providers. We may share your personal information with our third party service providers to perform tasks on our behalf and to assist us in offering, providing, delivering, analyzing, administering, improving, and personalizing our Services. 
• Other Disclosures. We may disclose your personal information to third parties if we reasonably believe that disclosure of such information is helpful or reasonably necessary to comply with any applicable law or regulation, to comply with or respond to a legal process or law enforcement or governmental request, to enforce our terms and conditions or other rights (including investigations of potential violations of our rights), to detect, prevent, or address fraud or security issues, or to protect against harm to the rights, property, or safety of Baton Systems, Inc., our users, or the public.

 

International Transfers of Your Personal Information

Baton Systems, Inc. shares information globally in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide services and to globally operate. We utilize standard contract clauses and rely on the European Commission’s adequacy decisions about certain countries, as applicable.

You acknowledge that personal data that you submit for publication through our Website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

 

Security of Information

Baton Systems, Inc. employs various physical, technical and procedural safeguards to protect any information that you provide to us from accidental or unauthorized loss, misuse, damage, modification, access or disclosure. However, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable measures designed to protect personal information, we cannot guarantee its absolute security. Our security procedures also means that we may request proof of identity before we disclose personal information to you or before we process your other requests.

Third parties who process your personal data for us also employ physical, technical and procedural safeguards to protect such information against unauthorized access, destruction or loss.

Any communication or material you transmit to us via e-mail or otherwise, including without limitation to any data, questions, comments, suggestions or the like, but not including your personal information and any requests, comments or concerns regarding your personal information, will be treated as, non-confidential and non-proprietary.

 

Retention of Your Personal Information

Baton Systems, Inc. will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

 

Children

We do not knowingly or intentionally collect information from any person under 13 years of age. If you become aware that such information has been provided by a child under 13, please contact us via the details set out in the “Contact” section below.

 

California and European Citizen Privacy Rights

Categories of Personal Information Collected

Baton Systems, Inc. has collected the following categories of Personal Information in the preceding 12 months:

Category of Personal Information Corresponds to categories listed in the CCPA and CPRA legislation	Examples
Category A: Identifiers	Real name, email address, or other similar identifiers. Information within this category is voluntarily provided to Baton Systems through our marketing website(s), materials, Platform, etc.
Category B: Personal information listed in § 1798.80 of the California Civil Code	Name, address, telephone number, education, employment, or other similar identifiers. Information within this category is voluntarily provided to Baton Systems through our marketing website(s), materials, and Careers page.
Category F: Internet or other electronic network activity information	Interaction with our Web sites, applications, or advertisements.
Category G: Geolocation data	Approximate physical location (derived from an Internet Protocol address).

 

Your Consumer Rights

If you reside in certain territories (such as the state of California or the European Economic Area), you may have the right to exercise certain privacy rights available to you under applicable laws (a comprehensive list is notated below; however, please note that not all rights will be applicable for all legal jurisdictions). We will process your request in accordance with applicable data protection laws. We may need to retain certain information for record-keeping purposes and/or to complete transactions that you began prior to requesting any deletion.

Within the parameters defined in the preceding paragraph, users who voluntarily provide personal information to Baton Systems or have their information automatically collected have the right to:

• delete their personal information
• correct inaccurate personal information
• know what personal information the business is collecting about them
• access their personal information
• know if the business is using their personal information
• know what personal information the business is selling and to whom
• opt-out of the sharing of their personal information
• limit the business’s use of their sensitive personal information
• not be subject to retaliation for exercising their rights

Submitting a Request to Exercise Your Rights

To exercise any of your rights as set out above, please contact us by submitting a written request via email to [email protected] or by mailing correspondence to Baton Systems, Inc., located at 39650 Liberty St. Suite 360, Fremont, CA 94538

You may be required to provide additional information to verify your identity and request before further action is taken.

 

Changes to this privacy policy

We may change or update portions of this Privacy Policy to reflect changes in our practices and or applicable law and regulation. Please check this Privacy Policy from time to time so you are aware of any changes or updates to the Privacy Policy, which may be indicated by a change in the “Last Updated” date noted at the beginning of the Privacy Policy.

 

Your acceptance of these terms

By using this Website or the Baton Platform, you signify your acceptance of this policy and terms of use. If you do not agree to this policy, please do not use our Website. Your continued use of the Website following the posting of changes to this policy will be deemed your acceptance of those changes.

 

Contact

If you would like to contact us in respect of any aspect of this Privacy Policy, including, without limitation and subject to applicable law, where you wish to access a copy of your personal data or where you wish to raise a complaint or grievance please contact us at the following address:

Baton Systems, Inc., 39650 Liberty St. Suite 360, Fremont, CA 94538

[email protected] 

TERMS OF USE

Last Updated: April 24, 2019

Please read these Terms of Use carefully. These Terms of Use apply to your use of and access to the website at www.batonsystems.com (this “Website”). Other terms and conditions may apply when you use or access our other websites or other sections of or pages on this Website or when you purchase, subscribe or participate in our products or services. Those terms and conditions will state whether they are intended to replace these Terms of Use or supplement these Terms of Use. You should read those other terms and conditions carefully. By accessing such other websites or sections or pages, or by purchasing, subscribing or participating in, our products or services, you agree to be bound by those terms and conditions. In the event of any conflict or inconsistency, those other terms and conditions will prevail to the extent of that conflict or inconsistency in relation to your use of or access to the other websites or other sections of or pages on this Website, or your purchase, subscription or participation in the relevant products or services, as applicable.

By accessing this Website, you are indicating that you have read, acknowledge and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access this Website. Baton Systems LLC (“we”, “our”, “us” or “Baton Systems LLC ”) reserves the right to change these Terms of Use which you are responsible for regularly reviewing and your continued use of this Website constitutes agreement to all such changes.

Use of this Website

Unauthorized use of the Website and Baton Systems LLC’s systems, including, but not limited to, unauthorized entry into Baton Systems LLC’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Website in any manner that could damage, disable, overburden, or impair any Baton Systems LLC site or service or interfere with any other party’s use and enjoyment of any Baton Systems LLC site or service. You may not attempt to gain unauthorized access to any Baton Systems LLC site or service, computer systems or networks connected to any Baton Systems LLC site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Website that are contrary to applicable laws or regulations.

 

Changes to this Website

Baton Systems LLC reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Website and to suspend and/or deny access to this Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Baton Systems LLC does not undertake any obligation or responsibility to update or amend any such information. Baton Systems LLC may discontinue or change any product or service described in or offered on this Website at any time.

Disclaimer of Warranty

Any information, products or services on this Website are provided on an “AS IS,” “WHERE IS” and “WHERE AVAILABLE” basis. Baton Systems LLC does not warrant the information or services provided herein or your use of this Website generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Baton Systems LLC will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Website. Although the information provided to you on this Website is obtained or compiled from sources we believe to be reliable, Baton Systems LLC cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

 

Limitation of Liability

Neither Baton Systems LLC, nor any of its affiliates, members, directors, officers or employees, nor any third party vendor or data or content provider, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Website, or resulting from the act or omission of any other party involved in making this Website, the data contained herein or the products or services offered on this Website available to you, or from any other cause relating to your access to, inability to access, or use of the Website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Baton Systems LLC or of any vendor providing software or services. In no event will Baton Systems LLC or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if Baton Systems LLC or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Baton Systems LLC cannot and does not guarantee continuous, uninterrupted or secure access to the Website.

 

Proprietary Rights

All right, title and interest in this Website and any content contained herein is the exclusive property of Baton Systems LLC or the applicable third party data or content provider, except as otherwise stated. Unless otherwise specified, this Website is for your personal and non-commercial use only and you may print, copy and download any information or portion of this Website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Website, except for the purposes expressly provided herein, without Baton Systems LLC’s prior written approval. If you copy or download any information or software from this Website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

Baton Systems LLC, the Baton logo and other Baton Systems LLC trademarks and service marks referenced herein are trademarks and service marks of Baton Systems LLC. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Baton Systems LLC or such third party, which may own the marks.

Pursuant to Section 512(c)(2) of the Copyright Act, Baton Systems LLC designates the following agent to receive notifications of claimed infringement: Attn: Legal Department, Baton Systems LLC, 39300 Civic Center Dr, Fremont, CA 94538

 

Use of Links

This Website contains links to third party web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Baton Systems LLC of any information contained in any third party web site. In no event shall Baton Systems LLC be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of this Website.

Privacy & Cookies

Baton Systems LLC may process personal data as part of and/or in connection with your access and/or use of this Website. This includes using cookies and similar technology to collect information about your use of our Website and your preferences.

To find out more information about how Baton Systems LLC processes personal data, how we use cookies and how to reject cookies, see our Privacy Policy at www.batonsystems.com/privacy-policy.

By accessing or using this Website you consent to Baton Systems LLC processing personal data and using cookies as further detailed in our Privacy Policy. You acknowledge and agree that if you choose to reject our cookies, some or all parts of the Website may not function properly or may not be accessible.

Choice of Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the County of Alameda, State of California and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use constitutes the entire agreement between Baton Systems LLC and you with respect to this Website and it supersedes all prior or contemporaneous communications, agreements and understandings between Baton Systems LLC and you with respect to the subject matter hereof. Baton Systems LLC and you acknowledge and agree that unless expressly included in any other agreement between Baton Systems LLC and you the requirements of the E-Commerce Directive (00/31/EC) as implemented are excluded to the fullest extent permissible by law. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.