FreeStockCharts.com (BFC) is committed to protecting your privacy. As a
customer, you supply us with certain personally identifiable data. We want you
to understand how such personally identifiable data is collected and used. We
also want you to make informed choices as to whether and to what extent you may
restrict the manner in which your personally identifiable data is used. This
superceding or replacing any other such agreement.
1. Scope and Nature of Policy
personally identifiable data collected from and about you. "Personally
Identifiable Data" means any data about an identified or identifiable individual
recorded in any form.
Principles issued by the U.S. Department of Commerce on July 21, 2000 (the "Safe
Harbor Principles"). Because we comply with the Safe Harbor Principles, our
transfers of data from countries in the European Union to the United States meet
the adequacy requirements of the European Union Data Protection Directive.
collect. These examples are illustrative and should not be considered a complete
inventory of our information collection practices. Accordingly, the words
"include" and "including" mean inclusion without limitation.
and about our employees. We have different corporate policies for those types of
data. It also does not cover data collected by us for statistical purposes from
which the personally identifiable characteristics have been removed. We retain
the right to use such data for statistical purposes for our own business use.
We do not knowingly solicit personally identifiable data from persons under the
age of 13 years.
2. Types and Sources of Data Collected
In the ordinary course of our business, we gather personally identifiable data
about you, including:
- Information you provide, such as your name, address(es),
company and other telephone number(s), fax number(s), e-mail address(es), date
and place of birth, driver's license number, credit card information, membership
- Information about your transactions with us, our licensees
or distributors or others, such as your order activity; and
- Information we receive from consumer reporting agencies,
such as your creditworthiness and credit history.
We gather personally identifiable data about you from a variety of sources,
including websites we operate, websites operated by others through which you can
transact with us or our licensees or distributors, customer support center,
enrollment forms for our programs, and consumer reporting agencies. We also
gather personally identifiable data about you from other companies with whom we
maintain business relationships.
3. Use of "Cookies"
One way we collect information about you when you use our websites is
stores on your computer. Cookies enable websites to recognize your computer and
to "remember" your entries as you move from page to page, or even when you
revisit the site from time to time using the same computer. Cookies stored on
your computer by our websites are encrypted. This means that they cannot easily
be read by anyone other than us.
We use two different types of cookies in our websites:
"Session cookies" track the user's progression through our sites in a single
visit. These cookies enable us to remember things as the user progresses from
one page to another. Your session cookies are deleted as soon as you close your
browser. In addition, if you leave your browser open for a prolonged period,
they are set to automatically erase themselves after a short period (typically
less than one hour).
"Persistent cookies" remember a user at the user's next visit. Your persistent
cookies are not automatically erased, and they remain on your computer until you
erase them. (If you do not want these cookies to remain on your computer, you
can erase them through use of your browser settings.)
Your browser or other software you install may permit you to restrict the use of
session cookies, persistent cookies or all cookies. If you elect not to permit
the use of session cookies, you will not be able to use our websites. If you
elect not to permit the use of persistent cookies only, you may still enjoy the
full functionality of our websites; however, if you do so, you will need to
re-enter some data when starting a new session.
4. Linked Websites
Our websites may contain links to third party websites, which may or may not be
operated in conjunction with our websites. We do not monitor or control the
information collected when you choose to "click through" links to these
websites. The treatment of user data by the operators of third party websites
may be different from ours. For details regarding their treatment of personally
identifiable data about you, you will need to read their privacy policies or
5. Data Retention
While we generally retain personally identifiable data about you as long as we
believe it will be useful to us, we do not retain personally identifiable data
about you longer than the law of the country and state in which it is being
retained permits. Currently, the principal place in which we retain personally
identifiable data about you is the State of North Carolina, U.S.A.
6. Data Security
We maintain reasonable physical, electronic, and procedural safeguards to
protect personally identifiable data about you from loss, misuse and
unauthorized access, disclosure, alteration and destruction. As part of those
precautions, we seek to protect personally identifiable data about you through
technologies designed to safeguard the data during its transmission. We restrict
access to personally identifiable data about you to those employees we determine
need to know that information for us and our licensees and distributors to
provide services to you. We also have adopted a policy under which employee
misuse of personally identifiable data about you is treated as a serious offense
for which disciplinary action may be taken. You should, however, be aware that
there is no method of transmitting or storing data that is completely secure.
Although their physical characteristics are different, postal mail, telephone
calls, faxes and transmissions over the Internet all present possibilities of
loss, misrouting, interception and misuse of the data being transmitted.
When we decide what data to seek from or send to you, or how to seek or send it,
we try to attain reasonable balance between the security of your data and your
convenience. We do this because we believe our customers attach value to both.
As a result, we sometimes use a method of communication that is less secure than
some of its less convenient alternatives. An important example of this occurs in
the case of e-mail. When we send e-mail to you, we send it as plain text without
encrypting it. We do this because we believe that many of our customers do not
currently have the capability to receive encrypted e-mail. As a consequence,
though, if our unencrypted e-mail intended for you were misrouted or
intercepted, it could be read more easily than encrypted e-mail.
To protect personally identifiable data about you effectively, we need your
help. Please do not divulge your BFC user number or any similar program
membership number to anyone who is not employed by us or one of our licensees or
distributors. In addition, because e-mail to and from us is not encrypted,
please do not include your user number, or any other information you regard as
confidential, in any e-mail you send us. [A more secure way to communicate with
us over the Internet is to click on the "Contact Us" link on the home page of
our website widgets.FreeStockCharts.com and complete the form that you are presented.]
Finally, if you have obtained a personal identification number, or "PIN", in
order to utilize portions of our websites, do not divulge your PIN to anyone -
not even one of our employees.
7. Parties to Whom We Disclose Data
Our general policy is to not disclose personally identifiable data about you to
any third party. This policy is not applicable to our licensees and
We generally use personally identifiable data about you to make and process your
orders, give you access to our services, provide you with customer assistance,
prepare your account statements and maintain and develop software. We may use
licensees and distributors from time to time to perform such services for us. We
also may disclose information in response to requests from law enforcement
agencies or government regulators. A more detailed description of those uses
appears below. Such uses are called "Normal Uses."
By purchasing our products, whether from us or through one of our licensees or
distributors, you are consenting to our use and limited disclosure of personally
identifiable data about you for Normal Uses. If you do not wish to consent to
such use and disclosure of personally identifiable data about you, please do not
purchase our products, whether directly or through a licensee or distributor.
8. Normal Uses
Internal Uses. We may initially use the personally identifiable data that we
collect from you to make your initial purchase with us or our licensees or
distributors; to process your transactions with us and our licensees or
distributors; to provide you with access to our services, including any enhanced
services you request; and to bill and collect amounts owed to us for continuing
service. If you seek to pay charges by a debit, charge or credit card, we may
disclose personally identifiable data about you to the company issuing the card
and to other companies that assist in processing the charges. Similarly, if you
seek to have your charges invoiced to a third party, we may disclose personally
identifiable data about you to that third party and to any companies that assist
the third party in processing invoices. Further, if you participate in a
membership rewards program operated by a third party and seek to receive a
reward based on a transaction with us or our licensees or distributors, we may
disclose personally identifiable data about you to the program's operator, as
well as to companies assisting the operator in the operation of the program, to
permit you to receive your membership rewards.
We may share personally identifiable data about you among ourselves and with our
licensees and distributors to enable us to perform the functions described
above. In the event that personally identifiable data about you is shared among
ourselves or with our licensees or distributors, the party with which such
information is shared will be required to agree to observe the relevant
the use of your data).
Compliance Uses. We may use and disclose personally identifiable data about you
as we reasonably believe is necessary to protect our business; to comply with
applicable law; to protect the rights, privacy, safety or property of you or
others; and to permit us to pursue available remedies or limit the damages that
we may sustain. For example, if you breach a license agreement or other
agreement with us or any of our licensees or affiliates, personally identifiable
data about you may be used, disclosed to third parties or publicly disclosed to
the extent necessary to enforce the agreements and recover any amounts owed. As
another example, we may, to the fullest extent the law allows, disclose
personally identifiable data about you to law enforcement agencies to assist
them in identifying individuals who have been or may be engaged in illegal
Transactional Uses. We may acquire or sell assets, including ownership interests
in our company, and other companies may acquire financial interests in us. In
those transactions, personally identifiable data about you may be among the
transferred business assets. We may disclose personally identifiable data about
you to any company in connection with a proposed or actual sale, merger,
transfer, or exchange of all or a portion of a business or operating unit if you
do business or have done business with that business or operating unit, but only
if that company agrees to use the data solely for the purpose of making its
acquisition decision and to observe the relevant provisions of our Privacy
Policy with respect to the data. In the event that personally identifiable data
about you is transferred to a company acquiring assets from us, we will require
with respect to personally identifiable data about you (including any choices
Independent Agency Uses. We may disclose personally identifiable data about you
to any individual or company that we retain to assist us in the conduct of our
business, including an individual or company that performs marketing services on
our behalf, but only if that individual or company agrees to use the personally
identifiable data about you solely for the purposes of performing the tasks on
behalf of, and under the instruction of, us and to observe the relevant
Use of Data from Others. We may obtain personally identifiable data about you
from our licensees and distributors and from other companies with whom we have
business relationships. Such information may be merged with or used to enhance
personally identifiable data that we have collected previously, as permitted by
Disclosure to Promotional Program Sponsors. A promotional program, or "PP", is a
contract or program we establish in cooperation with a sponsoring company or
organization (the "sponsor") through which individuals with specified
characteristics are entitled to license our products or receive our service
terms that differ from those generally offered to the public. Examples of PPs
include plans where our products or services are bundled with those of the
sponsor (and perhaps others). We identify PPs using unique numbers ("PP
Numbers"), and we require those who wish to transact under the terms of a PP, to
furnish us with the appropriate PP Number.
If you transact using a PP Number, you consent to our disclosure of personally
identifiable data about you to the PP's sponsor in order to permit us and the
sponsor to (i) verify your eligibility to participate using that number; (ii)
determine our compliance with the promotional terms of the PP; (iii) determine
your compliance with the sponsor's policies; and (iv) facilitate the sponsor's
reimbursement of some or all of the costs of your transaction to the extent it
has agreed to reimburse you for them. We require sponsors to treat all
personally identifiable data disclosed to them for these purposes as
confidential and not to use that data for marketing purposes.
If you do not wish us to share personally identifiable data about you in the
manner described under this subheading, you must not use a PP Number in
connection with your transaction. If you do not use a PP Number, you will not
receive the benefits of the associated contract or program.
9. Marketing Uses
You have the right to "opt out" of Marketing Uses in the manner described below
under the heading Option to Limit Use of Data.
We may aggregate and analyze all of the personally identifiable data about you
to enable us to develop targeted marketing programs and service offerings that
we believe are tailored to the needs of particular groups of customers. We may
then use the personally identifiable data about you to contact you regarding
programs and services we believe might be of interest to you. If you wish us not
to contact you for this purpose, you may decline as set forth below under Option
to Limit Use of Data.
We may disclose all of the personally identifiable data about you among
ourselves and to our licensees and distributors for marketing purposes, provided
the licensees and distributors to which we disclose the data agree to observe
the use of your data). If you wish us not to disclose personally identifiable
data about you to our licensees and distributors for marketing purposes, you may
decline as set forth below under Option to Limit Use of Data.
10. Unintentional Disclosure
While we have taken significant steps to prevent the inadvertent disclosure of
your personally identifiable data to persons who, without authorization, break
into and access our confidential electronic files in violation of existing law
("hackers"), we cannot guarantee that a sophisticated hacker will not some day
penetrate the barriers we have in place to safeguard your personally
identifiable data. We will continue to evaluate and, where indicated, update our
security precautions consistent with good business practices.
11. Option to Limit Use of Data
You may elect to direct us to limit the use of personally identifiable data
about you. As stated above, it is our standing company policy not to disclose
personally identifiable data about you to third parties companies (who are not
our licensees or distributors) for their marketing purposes. However, you may
direct us not to send you any marketing offers or materials and not to provide
personally identifiable data about you to our licensees and distributors for
marketing purposes. If you do this, we will not, after your direction becomes
effective, either send you any marketing offers or materials or provide
personally identifiable data about you to our licensees or distributors for
marketing purposes. (We are not, however, responsible for any subsequent use by
licensees or distributors of data disclosed to them before we received your
How to Elect. If you are a current customer, you may communicate your election
to us by accessing the update section of your customer profile in your program’s
section of this website and make the desired directions. You may also make your
choice by writing Privacy Services, FreeStockCharts.com, 4905 Pine Cone Drive,
Durham, NC 27707. Any direction made through this website will become effective
within 48 hours of your making the direction. Any direction made through the
mail will become effective by the end of the 20th business day following the
date on which your direction is received at the above addresses.
Subsequent Choices. If you choose no longer to limit the use of personally
identifiable data about you, then we will observe the terms of your latest
effective choice as if it were the only instruction we had received from you
with respect to the use of personally identifiable data about you.
Option to Limit Non-Marketing Uses of Data. We will not make any non-marketing
use of personally identifiable data about you unless either: (i) we give you
notice of that use and provide you the opportunity to direct us not to make that
use of the personally identifiable data about you, or (ii) applicable law or
where applicable, the Safe Harbor Principles, authorize us to make that use of
personally identifiable data about you without providing you the opportunity to
direct us not to do so. Please note that all Normal Uses of personally
that are so authorized.
12. Access to or Correction of Data
We make reasonable efforts to ensure that the personally identifiable data we
have about you is accurate, current and complete.
You have a reasonable right to access and review personally identifiable data
about you collected by us. You may correct factual errors in that data by
sending a request to us that credibly shows the error. You should contact our
main office in the country in which you reside for information about how to
exercise these rights. As an alternative, you may obtain the information by
writing to Privacy Services, FreeStockCharts.com, 4905 Pine Cone Drive,
Durham, NC 27707. To protect your privacy and security, we will take reasonable
steps to verify your identity before granting access or making corrections.
13. Right to Make Future Changes in Policy Reserved
from a link appearing on the website widgets.FreeStockCharts.com. If we make
changes, we will revise the "Last Updated" date on the top or cover page of our
privacy, then the change will not apply to our use of any personally
identifiable data about you that was collected by us before the change was made,
unless we notify you and provide you with the opportunity to direct us not to
make new uses of personally identifiable data about you.
14. Coordination with Applicable Law
We do business in many countries and states. Depending on where you live and
where and the products and services you purchase from us, our collection and use
of personally identifiable data about you may be governed by federal and state
laws of the United States (including the Gramm-Leach-Bliley Act), the laws of
other countries or the Safe Harbor Principles. Where applicable, we will comply
with such laws and the Safe Harbor Principles regarding our collection and use
of personally identifiable data about you and will limit any disclosures of data
15. Information Regarding Former Customers
We disclose personally identifiable data about former customers or customers
16. Customer Questions
of personally identifiable data about you. If it does not, or if you have
at Privacy Services, FreeStockCharts.com, 4905 Pine Cone Drive, Durham, NC
27707. If, after we respond to you, you feel that we have not satisfactorily
addressed your questions or concerns, we will refer you to a neutral,
independent third party dispute resolution organization.
17. Disclaimer and Limitation of Liability
THE SERVICES PROVIDED BY BFC. BFC WILL NOT PAY YOU ANY DAMAGES, INCLUDING BUT
NOT LIMITED TO LOST PROFITS, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES AND
EVEN IF SUCH DAMAGES ARE THE RESULT OF THE NEGLIGENCE OF BFC.