Privacy Policy
Introduction
This privacy policy discloses the privacy practices of Brian Kelly (“Brian Kelly,” “we,” “our” or “us”), which owns and operates various sites on the World Wide Web, including without limitation BrianCKelly.com, (collectively, the “Brian Kelly Websites”). Your access to and use of the Brian Kelly Websites and all the services provided via the Brian Kelly Websites (collectively, the “Brian Kelly Services”) are subject to Brian Kelly’s Terms of Use and all applicable laws.
This privacy policy describes how Brian Kelly collects, uses, and shares information about you that it obtains in connection with providing Brian Kelly Services to you.
What information is collected
In order to enhance your user experience and improve the Brian Kelly Services, Brian Kelly collects information about you from two sources: (i) information you affirmatively give to us; and (ii) information automatically collected when you visit any of the Brian Kelly Websites or use any Brian Kelly Services. Third parties may also collect your information in connection with your use of Brian Kelly Services.
Information you give us
When you sign up for Brian Kelly Services, we may ask you to provide certain information about yourself such as your name, email address, billing address, and company name or affiliation. You can view all of the information collected during the registration process by visiting the registration page. You may modify or remove any of your personal information at any time by logging into your account and accessing features that will allow you to edit your profile and account Information.
After you provide such information and set up your account, we may ask you to provide additional information about yourself on an optional basis. We may ask you for certain financial information, including credit card account data or other payment method data, to process payments for some of our services. Brian Kelly may collect any communication it has with you via any means, including e-mail, telephone, and letters.
By choosing to provide any information to us, you are giving Brian Kelly permission to use and store such information consistent with this privacy policy.
Information we collect automatically
In addition, Brian Kelly automatically collects information about your interactions with the Brian Kelly Websites and Brian Kelly Services. For example, Brian Kelly may log information from your computer and browser, such as your IP address, profile information, aggregate user data, browser type, software and hardware attributes, pages you request, and cookie information. By using the Brian Kelly Services, you are giving Brian Kelly permission to use and store such information consistent with this privacy policy.
Cookies
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
Information collected by third parties
Brian Kelly may use services that collect data remotely by using “pixel tags,” “web beacons,” “clear GIFs,” or similar technologies. Such technologies can recognize certain types of information on your web browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed them and the IP address of the computer from which you viewed them.
Brian Kelly Services may be linked to or provided through third party websites. Brian Kelly is not responsible for the privacy policies and/or practices on such third party websites. When linking or accessing such websites, you should carefully review the privacy policy of such third party to determine how it handles information it separately collects from you.
How information is used
Brian Kelly uses the information it collects from you to deliver Brian Kelly Services to you and continuously enhance your user experience. Generally speaking, we use the collected information to communicate with you, fulfill your requests, customize the content, improve our products and services, protect our and your rights, and comply with laws and regulations.
We may use your personal information to send you promotional information and updates regarding Brian Kelly and its products and services. You may choose not to receive such information and opt-out of such future communications.
The information that we collect from you may be used in aggregate form in various ways to optimize and improve Brian Kelly Services. While such information may be based on information about you, it will not identify you personally. We may use such information for the following purposes: website management, administration and security, promotional activities, and research and analysis.
With whom information is shared
Public Information
Brian Kelly may share as it sees fit information that you voluntarily make public, including information that you post on any blogs, message boards, chat rooms or other similar forums, whether or not such forums are owned by Brian Kelly. Since such public information can be accessed by the public and used by any member of the public, such use by third parties is beyond the control of Brian Kelly.
Personal Information
If we have your express consent, Brian Kelly may share your personal information that it collects with business partners, and other third parties that are not affiliated with Brian Kelly. Note that if you sign up for service from one of our affiliates, we may ask for your consent to share with such third party partner certain of your personal information. While Brian Kelly is not responsible for the acts of such partners, we encourage all of our partners to adopt privacy policies that protect against the disclosure of personal information to third persons.
Brian Kelly may disclose your personal information without asking for your consent in order to protect the legal rights of Brian Kelly or its affiliates, and each of their respective investors, directors, officers, employees, agents, and suppliers; to protect the safety and security of users of the Brian Kelly Services or to enforce our Terms of Use; to protect against fraud or for risk management purposes; or to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required. If you notify us that you believe your legal rights have been violated by Brian Kelly or another user of the Brian Kelly Services, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint. For instance, if you submit a notice of copyright infringement to us, we may send a copy to the person or entity who uploaded, stored, or transmitted the material addressed by the communication.
Also, in order to provide goods or services that you have requested or to complete a transaction at your request, Brian Kelly may share your personal information with its third party service providers, including companies that assist with payment processing, business analytics, data processing, account management, and other services. We require these companies to agree that they will only use personal information about you that they have obtained from us to provide us with specific services that we have requested and not for any other purpose.
Non-Personal Information and Aggregate Data
Brian Kelly may share with third parties your personal information and related aggregated data. For example, Brian Kelly may share IP addresses of its users to provide anonymous aggregated data to business partners about the volume of use on the Brian Kelly Services and the specific Brian Kelly Services in which users are most interested. Because this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.
Change of Control
If Brian Kelly sells all or part of its business, or makes a sale or transfer of assets, or is otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, Brian Kelly may transfer your personal information and non-personal information to one or more third parties as part of such transaction.
How you can control the information we collect, use and share
You have the choice about whether to disclose your personal information or other information about yourself to Brian Kelly. Regardless of your choices with respect to promotional communications and updates regarding content, Brian Kelly may send you administrative messages, service announcements, terms and conditions of your account, or other similar communications, without offering you the opportunity to opt out of receiving them.
How information is protected
Your Brian Kelly accounts may be secured by member-created passwords, in which case reasonable precautions are taken to ensure that your account information is kept private. You are responsible for keeping your passwords confidential. We ask you not to share your password with anyone. Brian Kelly uses reasonable measures to protect your information stored within our databases, and we restrict access to such information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Any payment transactions will be encrypted using SSL technology. Despite these efforts, please note that we cannot ensure or guarantee the security of your information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your information at any time.
Users from outside the United States
Brian Kelly and its Brian Kelly Services are based in the U.S., and our offices are headquartered in the U.S. Please be aware that information you provide to us or we obtain as a result of your use of the Brian Kelly Services may be processed and transferred to the U.S. and be subject to U.S. law. This information may also be processed by staff working for us or for one of our suppliers in the U.S. The privacy and data protection laws in the U.S. may not be equivalent to such laws in your country of residence. By using our website, participating in any of the Brian Kelly Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S. Brian Kelly will take all steps reasonably necessary to ensure that you data is treated securely in accordance with this privacy policy.
Changes to this privacy policy
From time to time, we may make changes to this privacy policy. In order to ensure that you are familiar with our most updated policies and practices, you should check the effective date indicated above of this privacy policy each time you use the Brian Kelly Services. If we make any changes, we will notify you of such changes by posting the updated privacy policy on the Brian Kelly Websites. We may also send you an email alerting you of such changes. You will be bound by any such changes to the policy when you use the Brian Kelly Services after those changes have been posted. If we make material revisions concern practices where we have represented that we will obtain your consent to use or disclose your personal information, we will obtain your consent before taking any action inconsistent with those representations.
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