Effective Date: June 2020

Bailard, Inc. is committed to safeguarding the privacy and confidentiality of the personal information with which you entrust us. This Privacy Notice (“Privacy Notice”) describes how Bailard, Inc. and its affiliated companies (collectively, “Bailard”, “we”, “us”, “our”) collect, view, access, store, alter, use, disclose, or destroy (hereinafter, “process”) personal information in connection with our Websites (for example, https://bailard.com, https://www.905.bailard.com, or Bailard’s content that you access using Seismic, a cloud-based marketing content management platform).

If you visit our Websites, we may collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”).

Personal information that you may provide through our Websites or otherwise share with us includes:

• Identifiers, such as your first name, last name, alias, postal address, Internet Protocol (“IP”) address, unique personal identifier, username and password, email address, or other similar identifiers.
• Commercial information, such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet or other similar network activity, such as browsing history, search history, information on your interaction with a website, application, or advertisement.
• Inferences drawn from other personal information, such as profile information reflecting your preferences, characteristics, predispositions and behavior.

Information automatically collected

We may automatically log information about you and your computer or mobile device when you access our Websites. For example, we may log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Websites, pages you viewed, how long you spent on a page, and access times and information about your use of, and actions on, our Websites. We collect this information about you using cookies. Please refer to the Cookies and Similar Technologies section below for more details about cookies.

Bailard processes certain personal information about consumers for purposes of account management, information technology support and administration in connection with the customer relationship and to comply with Bailard’s legal, administrative and corporate obligations. Such business purposes may include one or more of the following:

• To provide, support, personalize and develop our Websites, products, and services.
• To create, maintain, customize and secure your account with us.
• To communicate with you, provide you with support or to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To deliver content and product and service offerings relevant to your interests.
• To help maintain the safety, security, and integrity of our Websites, products and services, databases and other technology assets, and business.
• For research, analysis, and product development, including to develop and improve our Websites, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

Bailard will not use the personal information we collect for materially different, unrelated or incompatible purposes without providing you with notice.

Bailard does not sell your personal information.

In connection with our business operations, and where appropriate, Bailard may share personal information with the following categories of third parties:

• Affiliates. We may disclose your personal information to our subsidiaries and corporate affiliates for purposes consistent with this Privacy Notice.
• Service Providers. We may employ third-party service providers to administer and provide services on our behalf (such as training, customer support, website hosting, email delivery, marketing content management and database management services). These service providers use personal information as directed by us and in a manner consistent with this Privacy Notice.
• Professional Advisors. We may disclose your personal information to professional advisors, such as lawyers, auditors and insurers, where necessary in the course of the professional services that they render to us.
• Compliance with Laws and Law Enforcement. We may disclose information about you to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests; (b) enforce the terms and conditions that govern use of the Websites; (c) protect the rights, privacy, safety or property of users of our Websites and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
• Business Transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Notice.

The personal information you provide to us may be held and stored electronically and/or in hard copy. Bailard takes reasonable and appropriate security measures consistent with current industry practices to protect your personal information.

Bailard employees and authorized third parties that are provided access to your personal information are bound by confidentiality obligations and are required to treat your personal information in accordance with applicable legal requirements.

A link to a third-party website or digital service does not imply that Bailard endorses it, or the quality or accuracy of information presented on it. If you decide to visit a third-party website or service, you are subject to its privacy practices and not this Privacy Notice. We encourage you to carefully read the privacy policy or statement and other legal notices of each website or service that you visit.

We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Websites.

We use two broad categories of cookies: (1) first-party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when you revisit our Websites; and (2) third-party cookies, which are served by service providers on our Websites, and can be used by such service providers to recognize your computer or mobile device when visiting other websites.

Our Websites use the following types of cookies for the purposes set out below:

Type of Cookie

Purpose

Essential Cookies

These cookies are essential to provide you with services available through our Websites and to enable you to use some of their features. Without these cookies, the services that you request may not be possible to provide. We only use these cookies to provide you with those services.

Functionality Cookies

These cookies allow our Websites to remember choices you make when you use our Websites. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-select your preferences every time you visit our Websites.

Analytics and Performance Cookies

These cookies are used to collect information about traffic to our Websites and how users use our Websites. The information gathered may include the number of visitors to our Websites, the websites that referred them to our Websites, the pages they visited on our Websites, what time of day they visited our Websites, whether they have visited our Websites before, and other similar information. We use this information to help operate our Websites more efficiently, to gather demographic information and to monitor the level of activity on our Websites. We use Google Analytics for this purpose. Google Analytics uses its own cookies and is only used to improve how our Websites work. You can find out more information about Google Analytics, cookies, and about how Google protects your data on the Google website. You can prevent the use of Google Analytics relating to your use of our Websites by downloading and installing a browser plugin.

If you do not accept our cookies, you may experience some inconvenience in your use of our Websites. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Websites. Your choices for managing use of cookie include:

• Blocking cookies in your browser. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit WWW.ALLABOUTCOOKIES.ORG.
• Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:
  • Digital advertising Alliance: HTTP://OPTOUT.ABOUTADS.INFO
  • Network Advertising Initiative: HTTP://OPTOUT.NETWORKADVERTISING.ORG/?C=1

We may use Flash cookies (also known as Flash Local Shared Object or “LSOs”) on our Websites to collect and store information about your use of our Websites. If you do not want Flash cookies stored on your computer or mobile device, you can adjust the settings of your Flash player to block Flash LSO storage using tools in the Website Storage Settings Panel on the Adobe Flash Player website or by following the instructions at the Global Storage Settings Panel on the Adobe Flash Player website. Setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including Flash applications used in connection with our Websites.

We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Websites to track the actions of visitors to our Websites. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags may measure the success of our marketing campaigns or compile statistics about usage of the Websites, so that we can manage our content more effectively.

The California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their personal information. If you reside in California, you or your authorized agent may request that we take the following actions in relation to your personal information:

• Access: Disclose to you the categories and specific pieces of personal information that we have collected, used or disclosed within the last 12 months, including personal information (if any) that we disclosed to third parties for direct marketing purposes.
• Transfer: Transfer an electronic machine-readable copy of your personal information to you.
• Deletion: Delete your personal information.

To exercise these rights, you can call 1-800-224-5273 or email us at privacy@bailard.com. Bailard will not discriminate against you based upon your exercise of any of these rights.

We will request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.

If you reside in the EU and would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulatory authority in your country. All other inquiries regarding your personal information can be directed to privacy@bailard.com.

We will request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.

If you reside in the EU and would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulatory authority in your country. All other inquiries regarding your personal information can be directed to privacy@bailard.com.

Our Websites are not directed to children under 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable.

If you submit personal information in connection with job opportunities at Bailard via our Website (www.bailard.com/careers) or through email, we will use and disclose the information to process your application (including to contact you and/or your references and former employers if appropriate), to monitor recruitment statistics, and to comply with government reporting requirements.

We will retain your personal information for at least as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying legal, accounting, or reporting requirements. In some circumstances we may anonymize your personal information (so that it can no longer be associated with you), in which case we may use this information indefinitely without further notice to you.

Bailard reserves the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated notice on our Websites and update the notice’s effective date. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.

If you have any questions or comments about this Privacy Notice, the ways in which Bailard collects and uses your information, your rights regarding such use or wish to exercise your rights under applicable law, please do not hesitate to contact us by calling 1-800-224-5273 or emailing us at privacy@bailard.com. You may also write to us at:

Bailard, Inc.
Attn: Compliance Department- Privacy Inquiry
950 Tower Lane
Suite 1900
Foster City, CA 94404-2131

Please click here to view Bailard’s Privacy Notice