Last Updated: August 30, 2024.

www.texassba.us and its related services, products, memberships, and certifications ("Website") are owned and operated by ENTITY-NAME (collectively "Company", "our", "us", "we"). Company has adopted this Privacy Policy ("Privacy Policy") to inform you that it collects Personal Information when you use the Website and to explain how this information is used. You should contact Company directly with any questions or concerns.

COMPANY MAY CHANGE, MODIFY, AMEND, SUSPEND, TERMINATE, OR REPLACE THIS PRIVACY POLICY FROM TIME TO TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT COMPANY CHANGES, MODIFIES, AMENDS, OR REPLACES THIS PRIVACY POLICY, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE OF THIS PRIVACY POLICY CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE CHANGE, MODIFICATION, AMENDMENT, OR REPLACEMENT CONTAINED WITHIN.

• Businesses(s) means any sole proprietorship, corporation, limited liability company, limited partnership, limited liability partnership, or general partnership that applies for a voluntary business certification through Company, such as certificates for Family Owned Businesses, Hispanic Owned Businesses, Minority Owned Businesses, Small Businesses, Veteran Owned Businesses, Christian Owned Businesses, Muslim Owned Businesses, Asian Owned Businesses, Black Owned Businesses, ESG Certification, and Woman Owned Businesses.

• California Consumer Privacy Act ("CCPA") means the California statute intended to enhance privacy rights and consumer protection for residents of California, United States.

• General Data Protection Regulation ("GDPR") means the European Union ("EU") law on data protection and privacy applicable to individuals within the EU.

• Personal Data under the GDPR means any information relating to an identified or identifiable natural person, an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

• Personal Information under the CCPA means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. For purposes of this Privacy Policy, "Personal Data" is included within this definition.

• User(s) means individuals who visit and browse the Website, including Members and Businesses.

• You/Your means User(s)

Types of Personal Information We Collect.

Company collects the following Personal Information from all Users who contact Company seeking more information:

• First name;

• Last name;

• Organization name;

• Email address;

• Website address;

• Any other information that you upload or submit to the Website directly or indirectly.

Company collects the following Personal Information from Members:

• First name;

• Last name;

• Business name, including assumed name or trademark name;

• Email address;

• Website address;

• Mailing address;

• Username;

• Password;

• Payment information;

• Any other information that you upload or submit to the Website directly or indirectly.

Company collects the following Personal Information from Businesses:

• Business contact's First name;

• Business contact's Last name;

• Business name, including assumed name or trademark name;

• Email address;

• Website address;

• Mailing address;

• Business contact's driver's license or passport;

• Business registration;

• Payment information;

• Any other information that you upload or submit to the Website directly or indirectly.

In addition, Company collects the following Personal Information from all Users:

• Your geolocation;

• Your IP address;

• Your browser and search engine information;

• Your device information;

• Your visitor history;

• Your usage of the Website, including, without limitation, any links or items clicked or pages viewed and statistics;

• Information stored in cookies, pixel tags, or web beacons;

• Analytical data from Google Analytics and/or Google AdSense; and

• Any other additional analytic data that you voluntarily submit to the Website.

Sources of Personal Information Collection.

Company may collect this Personal Information from you through various channels, including, but not limited to, through your voluntary submission of information to the Website, through requests initiated by you through the Website, through the collection and analysis of information concerning your computer and browsing activities, through the use of cookies, web beacons, pixel tags, Google Analytics, Google AdSense, and through other sources permitted by law.

Cookies & Similar Technologies.

The Website also utilizes Cookies. Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the Cookie. We use Cookies and similar technologies to enable our systems to recognize your browser and to provide certain features. We also use "web beacons" to help deliver Cookies and gather usage and performance data. The Website may also include Cookies, web beacons, and other similar technologies from third-party service providers.

You have a variety of tools available to control the data collected by Cookies, web beacons, and similar technologies. For example, you can use controls in your Internet browser to limit how the websites you visit are able to use Cookies and to withdraw your consent by clearing or blocking Cookies. You can also stop Company from placing Cookies (other than those required for the Website to function) on your device by referencing the instructions below.

The table below sets out how we use different categories of cookies and similar technologies, as well as information on your options for managing the settings for the data collection by these technologies:

Lawful Basis for Processing Your Personal Information

The lawful basis for us processing your Personal Information for the uses described above will typically be because you have provided your consent; it is necessary for our contractual relationship; the processing is required for us to comply with legal obligations; and/or the processing is in our legitimate interest of providing Members with a Membership and Businesses with Business Certifications.

How Company Uses Your Personal Information.

We use your Personal Information based upon the legal basis of Users' consent to provide you with the Website, process any requests made by you, communicate with you, identify and fix problems with the Website, and update you regarding changes to the Website and the Company and third-party services offered through the Website.

By using the Website, you further authorize the following specific uses of your Personal Information:

• Protect the Company Business Certifications from fraud;

• Uphold the integrity of Business operations;

• Maintain the Company Boycott List;

• Enable your use of the Website and its associated services;

• Improve algorithms;

• Measure service usage;

• Develop new features;

• Contact and communicate with you, whether through email, telephone, text message, and/or messages within the Website;

• Customize and/or tailor the Website and your user experience, which may include targeted selection and display of third-party advertisements within the Website;

• Aggregate certain information that does not include your personal information and disclose it for analysis, demographic profiling and/or targeted advertising;

• Advertise products and services of Company;

• Transmit and process your information and actions within the Website;

• Provide statistical information, and include you in the same, where applicable;

• Provide you with technical service and support, including updates;

• Provide you with information concerning Company's benefits or services;

• Store, archive, retrieve, and make copies of your user generated content;

• Understand your needs and requests;

• Communicate promotions or other offers;

• Process payments;

• Prevent and detect illegal activities or violations of your Terms of Service;

• Combine your personal and personally identifiable information with information from other Company applications and/or services; and

• Facilitate your use of the Website and upgrades/replacements to the Website.

Sharing of Your Personal Information.

Company Shares Your Personal Information with third parties in the following circumstances:

• Where Company has obtained your consent;

Where sharing or disclosure of your Personal Information is necessary to provide you with the Website, and/or associated services (We may share your personal or personally identifiable information with trusted third-parties who assist us in operating the Website, providing the associated services, and conducting our business);

Where sharing or disclosure of your Personal Information is necessary pursuant to a campaign with Facebook and/or Instagram;

• Where sharing or disclosure of your Personal Information is necessary to share personal or personally identifiable information with Company's parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners;

• Where Company has been purchased by a third party;

• Where sharing or disclosure of your Personal Information is necessary to respond to requests by government authorities;

• Where your Personal Information is demanded by a court order or subpoena;

• Where sharing or disclosure of your Personal Information is needed to protect the employees, independent contractors, officers, directors, members, users, or owners/shareholders of Company;

• Where sharing or disclosure of your Personal Information is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty; and

Where Company is otherwise legally obligated to share your personal or personally identifiable information.

Company Shares Your Personal Information With the Following Third-Parties:

• Google, including Google Analytics (privacy policy here);

• Salesforce (privacy policy here);
  

No Liability Third-Party Services and Third-Party Links.

The third-party service providers affiliated with Company have their own independent privacy policies governing the use of your Personal Information pursuant to the GDPR and CCPA and we encourage you to read those privacy policies carefully. You understand that even if Company deletes your Personal Information that it may still be available in a third-party service provider's database. Company has no responsibility or liability for the Personal Information collection, use, or storage activities of the third-party services providers used by Company to provide you with the services associated with the Website.

Company may outsource or subcontract some of our technical support, tracking and reporting functions, database management functions, and other services to third parties. We may share information from or about you with them so that they can perform their services as long as they comply with this Privacy Policy, the GDPR, and the CCPA. You understand and agree that Company will not be held responsible for any third-party communications sent by entities that Company does not own or control. You are encouraged to review any third-party privacy policies before utilizing any such third-party service.

Company may include or offer third-party products or services on the Website and provide third-party links to the same. These third-party websites have separate and independent privacy policies. Company has no responsibility or liability for the content and activities of such third parties or their websites. We encourage you to read carefully the privacy policies of all such third-party websites. We seek to protect the integrity of the Website and therefore welcome any feedback about any such third-party websites.

Personal Information Transfer and Storage.

Your Personal Information is stored and processed on computers and servers in the United States and through your use of the Website, you consent to the processing and storage of your Personal Information and personally identifiable information. You understand that your Personal Information may be transferred to ? and maintained on ? computers located outside of your state, province, country, or other governmental jurisdiction. If you are located outside the United States and choose to provide Personal Information to us, please note that we transfer your Personal Information to the United States and process it here, and that we may store portions of your Personal Information in the United States.

Website Users understand and agree that if they provide Company with Personal Information that it is stored indefinitely, unless the User contacts Company to have their Personal Information removed from storage. As specified above, even if Company deletes your Personal Information from its own serves, it may still be available in a third-party service provider's database. You should consult with those third-parties in the event you would like Personal Information deleted therefrom.

Personal Information Security.

Company uses standard technology to store and help prevent against the unauthorized disclosure of your Personal Information. Though we undertake commercially reasonable efforts to protect your information, no website, software, or online service is completely safe. Accordingly, you provide all such information at your own risk.

In order to protect your Personal Information, Company uses specific security measures, such Secure Sockets Layer (SSL) protocol, which encrypts information you input at 128-bit strength. This is denoted in most web browsers by a small padlock appearing on the bottom bar of the window and the address of the window changing from http:// to https://, indicating a secure connection.

EU Users' Rights Under the GDPR.

The GDPR provides Users located in the EU under its protection certain rights with respect to their Personal Data collected by us on the Website. Accordingly, Company recognizes and will comply with the GDPR and those rights, except as limited by applicable law. The rights under the GDPR include:

• Right of Access: This includes the right to obtain from us your Personal Data and whether it is being processed, along with the purposes of the processing; categories of Personal Data concerned; recipients to whom your Personal Data has been disclosed; the period for which your Personal Data is being stored; and the right to lodge a complaint.
  

• Right of Rectification: This includes the right to correct inaccurate Personal Data collected and/or stored by us.
  

• Right of Erasure ("Right to be Forgotten"): This includes the right to have your Personal Data deleted. However, if applicable law requires us to comply with your request to delete information, fulfilment of your request may prevent you from using our services and may result in closing your account.
  

• Right to Restriction of Processing: This includes the right to request restriction of how and why your Personal Data is used or processed by us.
  

• Right to Data Portability: This includes the right to receive your Personal Data in a structure, readable format and the right to have your Personal Data transferred.
  

• Right to Object: This includes the right to object to us processing your Personal Data for reasons such as direct marketing purposes and for scientific or historical research or statistical purposes.
  

• Right to not be Subject to Automated Decision-Making: This includes the right to not be subject to a decision based solely on automated processing, including profiling, that could have a legal, or similarly significant, effect on you from being made solely based on automated processes.
  

California Users' Rights.

Under the CCPA, California Users have the following rights:

• Right to Know About Personal Information Collected, Disclosed, or Sold: You have the right to request that Company disclose what Personal Information of yours it collects, uses, discloses, and sells over the past 12 months.
  

• Right to Request Deletion of Personal Information: You have the right to request that Company delete any of your Personal Information that we collected from you.
  

• Right to Opt-Out of the Sale of Personal Information: Company does not sell Personal Information.
  

• Right to Non-Discrimination for Exercising CCPA Rights: Company shall not discriminate against California Users for exercising their rights under the CCPA.
  

• Right to Correction: You have the right to request that Company make any updates or amendments to any incorrect data records.
  

• Right to Access Information About Automated Decision Making: You have the right to request information about automated decision-making processes based on your Personal Information.

Right to Opt-Out of Automated Decision-Making Technology: You have the right to request to opt-out of the use of automated decision-making technology.

To exercise your rights under the CCPA ? or have an authorized agent exercise your rights under the CCPA on your behalf ? please submit either a "Request to Know Personal Information" or a "Request to Delete Personal Information" to Company by contacting Company at info@texassba.us. Company will verify this request by ensuring that such request is from an authorized email address associated with a Business or Member.

Under California's "Shine the Light Law," California residents have the right to receive information that identifies any third-party companies or individuals that Company has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting Company at the address below.

Supplemental Notice for Residents of Other US States.

Residents of certain other states, such as Colorado, Virginia, and Connecticut, may have certain rights regarding their "personal data," as defined in these states' laws ("Personal Information"), that we process.

Residents of Colorado may review this Privacy Policy to understand the kind of personal information we process, the sources of such information, the purposes for which we process each category of personal information, and the categories of entities to whom the personal information is disclosed. Please note that we do not engage in profiling that produces legal or similarly significant effects.

Your state law may permit you to request that we:

• Confirm whether or not we are processing your personal information and provide you with access to such personal information;

• Correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information;

• Delete your personal information;

• Provide you a copy of personal information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another business, where our processing is carried out by automated means; and

• Opt you out of processing of personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you (please note that we do not engage in this kind of processing).
  

Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Site to you. If you ask us to delete it, you may no longer be able to access or use the Site.

To exercise any of these rights ? or have an authorized agent exercise your rights on your behalf ? please submit a request to Company by contacting Company at info@texassba.us. Company will verify this request by ensuring that such request is from an email address associated with a Registered User's account or with a user to a reasonably high degree of certainty.

Notice for Nevada Residents.

Under Nevada law, certain Nevada consumers may opt out of the sale of Personal Information for monetary consideration. We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law at info@texassba.us. We will verify this request by ensuring that such request is from an email address associated with an Registered User's account or with a user to a reasonably high degree of certainty.

Purchase or Sale of the Website or Other Assets.

Company may purchase other businesses or sell components of its business, including, but not limited to, the Website. In the event Company purchases another business or sells any component of its business, your Personal Information will continue to be used consistent with the terms of this Privacy Policy.

How To Stop Company from collecting your Personal Information.

You can stop Company from collecting your Personal Information and/or have your Personal Information deleted by contacting Company at info@texassba.us and requesting that Company to delete your account. Additionally, you can adjust your web browser settings to limit or turn off Cookies or other tracking techniques, or you can cease use of the Website. You may contact Company with any requests regarding your Personal Information.

Your Obligations.

When using the Website, you are obligated to inform Company of any changes to your Personal Information.

Children's Online Privacy Protection Policy.

The Website is not intended for or directed to users under the age of 18, and Company does not knowingly or intentionally collect Personal Information from children under the age of 13 or other minors. Where appropriate, Company takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Website or in response to advertisements. If you are concerned that Personal Information may have been inadvertently provided to or collected by Company, please contact us immediately so appropriate steps may be taken to remove such information from Company's database.

Contact and Notices.

All questions, concerns, notices, and requests regarding this Privacy Policy may be submitted to Company at the following contact information below.

Website User Point of Contact:

Texas SBAR Business Certification, Inc.

Jamie Demericas
111 Congress Ave., Suite 500
Austin, Texas 78701
info@texassba.us