bp pulse, f/k/a AMPLY Power, Inc., and its subsidiaries and affiliates (collectively, “bp pulse,” “us,” “we,” or “our”) has prepared this Privacy Policy (“Privacy Policy”) to describe to you, or if you represent an entity or other organization, that entity or organization (in either case, “you”) our practices regarding the personal information that bp pulse collects, uses, and shares on behalf of end users (“Users”) of our website available at , and other websites operated by bp pulse that link to this Privacy Policy (each, the “Website”) and the information, data, and other materials and content (“Content”) and services (“Services”) described on the Website.

bp pulse reserves the right, at any time, to modify this Privacy Policy.  If we make revisions that change the way we collect, use, or share personal information, we will post the updated Privacy Policy on this page.  In some cases, such as where required by law, we may notify you about an update by sending you an email, posting a notice about the update on the Website, or other means. In all cases, your continued use of the Website following posting or other notification of changes constitutes your acknowledgement of such changes. You should review this Privacy Policy periodically so that you keep up to date on our most current policies and practices.   

This Privacy Policy covers the following topics:

1. COLLECTION OF PERSONAL INFORMATION
2. USE OF PERSONAL INFORMATION
3. SHARING OF PERSONAL INFORMATION
4. SECURITY OF PERSONAL INFORMATION
5. YOUR CHOICES
6. NOTICE TO CALIFORNIA RESIDENTS
7. NOTICE TO NEVADA RESIDENTS
8. OTHER SITES AND SERVICES
9. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
10. CHILDREN’S PRIVACY
11. ACCESSIBILITY
12. CONTACTING US

1.  COLLECTION OF PERSONAL INFORMATION

1.1 Personal Information Collected.  Personal information that we may collect about you includes: 

Categories	Examples
Individual Identifiers	Contact information, such as first and last name, postal address, email address, account username, and phone number. Online identifiers, such as Internet Protocol (IP) address, device ID, and other identifiers.
Commercial Information	Account information, such as your log-in credentials and other details about your use of the Website. Preferences, such as your preferences for receiving communications about our products, services, activities, events, and publications, and details about how you engage with our communications. Communications, such as the information that we exchange, observe through the use of our customer platform, or when you contact us with questions, feedback, or otherwise.
Internet or Network Activity	Online activity information, such as text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns. Device information, such as your computer or mobile device operating system type and version number, wireless carrier, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, and general location information such as city, state, or geographic area.
Professional or Employment-Related Information	Professional information, such as company name, title, company location, business contact information, and other details we may collect about your business or profession.

We may also collect other personal information which is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Unless we specifically request it, we ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Website, or otherwise to us.

1.2 Sources of Personal Information.  We obtain personal information from the following categories of sources:

• Personal Information You Provide. bp pulse collects personal information when you voluntarily submit it to us, such as when you fill out a form on the Website, register for an account, or communicate with us.
• Personal Information that is Automatically Collected. In addition to personal information that we may receive directly from you, bp pulse, our service providers, and our advertising partners may automatically log information about you, your computer or mobile device, and your activity over time on the Website, and other sites and online services, such as the online activity information and device information listed above. Like many online services, we use cookies and similar technologies to facilitate some of the automatic data collection described above, such as:
  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
  • Flash cookies, or locally-stored objects, which are used on websites for purposes similar to cookies but allow storage of a larger amount of data.
  • Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.

For more information, please visit our Cookie Policy.

• Personal Information Obtained from Third Parties. bp pulse may receive personal information about you from other third party sources, including from service providers, advertising partners, social media platforms, publicly available sources, event sponsors, business partners, or data providers. We may merge or combine such personal information with the personal information we collect from you directly or automatically.
• Referrals. Users may have the opportunity to refer colleagues or other contacts to us and share their contact information. Please do not provide us with someone’s contact information unless you have their permission to do so.

2.  USE OF PERSONAL INFORMATION

bp pulse’s primary purpose in collecting personal information is to provide the Services and Content that you request on the Website. bp pulse may also use personal information for various purposes as described in this Privacy Policy or at the time of collection, including without limitation:

• Fulfilling your requests for selecting and purchasing products and services.
• Establish and maintain your account on the Website.
• Understanding and analyzing the usage trends and preferences of our Users to make our Website better, diagnose technical issues, prevent fraud, and develop new features and functionality.
• To personalize your experience on the Website and to deliver information about offers relevant to your interests.
• To verify your identity or determine your eligibility for offers and promotions.
• To communicate with you, including responding to any of your requests or questions.
• To provide Users with maintenance and support including responding to requests for customer support or responding to your feedback.
• To send you materials, updates, information, special offers, and promotional material from us and from other Users and our business partners using direct marketing.
• To help us advertise our business and to display ads for our products and services and other products or services that may be of interest to you on the Website and other locations. For more information, see the section below related to sharing with “Behavioral-Based Advertising Partners.”
• To respond to requests from law enforcement and as required by applicable law, court order, or government investigation.
• To (a) maintain the safety, security, and integrity of our Website, Content, or Services, business, databases and other technology assets; (b) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Platform; and (e) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

3.  SHARING OF PERSONAL INFORMATION

In addition to the specific situations discussed elsewhere in this Privacy Policy, bp pulse may share your personal information in the following circumstances:

3.1 Related Companies and M&A Transactions.  We may share your personal information with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with us). In addition, if we sell all or part of our business, make a sale or transfer of assets, are otherwise involved in a merger, business transfer, acquisition, sale of shares or assets, financing, consolidation, reorganization, divestiture, or dissolution of all or a portion of our business (including in connection with a bankruptcy or similar proceedings), we may transfer your personal information to a third party as part of that transaction (or potential transaction), including at the negotiation stage.

3.2 Consent.  We may ask if you would like us to share your personal information with other unaffiliated third parties who are not described elsewhere in this Privacy Policy, and we may do so with your consent.

3.3 Legal Compliance.  We may disclose personal information in response to subpoenas, warrants, or court orders, in connection with any legal process, or to comply with relevant laws. We may also share your personal information in order to establish or exercise our rights; to defend against a legal claim; to investigate, prevent, or take action regarding possible illegal activities or fraud; to protect the safety and security of other Users; to prevent a violation of our contracts; or for the other safety and compliance purposes described in this Privacy Policy. 

3.4 Service Providers.  We may share your personal information with third parties who perform services on our behalf that are necessary for the orderly operation of the Website. Among other things service providers may help us perform website hosting, maintenance services, database management, web analytics, app analytics, fraud protection, marketing, or any other use set out in this Privacy Policy. 

3.5 Behavioral-Based Advertising Partners.  We participate in behavioral-based advertising. This means that a third-party advertising or social media company may use technology (e.g., a cookie) to collect information about your use and activity over time on our Website and on other sites and online services, or your interaction with our emails, so that we can provide advertising about products and services tailored to your interest. These third parties may also use your personal information to serve ads that such companies think will be of interest to you, any may also use hashed customer lists that we share with them to deliver ads to you and to similar users on their platforms. That advertising may appear either on our Website, or on other websites. For more information, please visit our Cookie Policy.

3.6  Professional Advisors. We may share personal information with persons, companies, or professional firms providing bp pulse with advice and consulting in accounting, administrative, legal, tax, financial, debt collection, and other matters.

4.  SECURITY OF PERSONAL INFORMATION

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information. 

5.  YOUR CHOICES

You can make the following choices regarding your personal information:

5.1 Modifications to Your Personal Information.  We rely on you to update and correct the personal information contained in your account. Note that we may keep historical information in our backup files as permitted by law. If our Website does not permit you to update or correct certain personal information, please contact us as described below.

5.2 Promotional E-mails.  You may choose to provide us with your e-mail address for the purpose of allowing us to send newsletters, surveys, offers, and other promotional materials related to our Website, as well as targeted offers from third parties. You can stop receiving promotional e-mails by clicking the “unsubscribe” links in the e-mails or by contacting us as described below. If you decide not to receive promotional e-mails, we may still send you service-related communications, such as those about your account, to fulfill orders for offers you have requested, or deliver notifications directly to you through the Website.

5.3 Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the customer platform and the Website may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

5.4 Behavioral-Based Advertising.  We participate in behavioral-based advertising. This means that a third party may use technology (e.g., a cookie) to collect information about your use of our Website so that we can provide advertising about products and services tailored to your interest. That advertising may appear either on our Website, or on other websites. If you wish to limit third parties’ collection of information about your use of our Website, you can opt-out of receiving behavioral-based advertising from participating NAI and DAA members at http://www.networkadvertising.org/managing/opt_out.asp or optout.aboutads.info. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above. ADDITIONALLY, PLEASE NOTE THAT OPTING-OUT OF BEHAVIORAL ADVERTISING DOES NOT MEAN THAT YOU WILL NOT RECEIVE ADVERTISING WHILE USING THE WEBSITE. IT WILL, HOWEVER, EXCLUDE YOU FROM BEHAVIORAL-BASED ADVERTISING CONDUCTED THROUGH PARTICIPATING NETWORKS, AS PROVIDED BY THEIR POLICIES AND CHOICE MECHANISMS.

5.5 Analytics.  We use Google Analytics to help us understand user activity and patters on the Website. You can learn more about Google Analytics cookies by clicking here and about how Google protects your data by clicking here. You can prevent the use of Google Analytics relating to your use of our Website by downloading and installing a browser plugin available here.

5.6 Do-Not-Track.  Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

6.  NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

This section applies only to California residents. It describes how we collect, use, and share personal information of California residents when we act as a “business” as defined under California privacy laws, and their rights with respect to their personal information. For purposes of this section, “personal information” has the meaning given under California privacy laws but does not include information exempted from the scope of such laws. In some cases we may provide a different privacy notice to certain categories of California residents, in which case that notice will apply instead of this section.

6.1 Personal Information That We Collect, Use, and Disclose.  We describe:

• the categories of personal information we may have collected about you in the preceding 12 months, and the categories of sources from which we collect such personal information, in the section above called “COLLECTION OF PERSONAL INFORMATION;”
• the business and commercial purposes for which we collect this information in the section above called “USE OF PERSONAL INFORMATION;” and
• the categories of third parties to whom we disclose this information in the section above called “SHARING OF PERSONAL INFORMATION.”

6.2 Personal Information Disclosed for a “Business Purpose” or “Valuable Consideration.”  bp pulse must also disclose whether the following categories of personal information are disclosed for a “business purpose” or “valuable consideration” as those terms are defined under California privacy law. This latter category is also called a “sale” of personal information.

In the twelve months preceding the last update date of this Privacy Policy, bp pulse has disclosed each of the categories listed in the section above titled “COLLECTION OF PERSONAL INFORMATION” for the business purposes set forth in this Privacy Policy.

Because California law broadly defines a “sale” to include data that our advertising partners may collect or receive from us, bp pulse has “sold” the following categories of personal information in the preceding twelve months: online identifiers; online activity information; and device information. We do not knowingly sell the personal information of California residents under 16 years of age.

6.3 Your Rights as a California Resident.  California privacy law provides California residents with the rights listed below.  Please note, these rights are not absolute and in some cases we may not be able to respond to your request, such as when a legal exemption applies or if we are not able to verify your identity.

• Right to Access. You have the right to request that bp pulse disclose certain information to you about our collection and use of your personal information over the past twelve months, including:
  • The categories of personal information we collected about you.
  • The categories of sources of the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you.
• Right to Delete. You have the right to request that bp pulse delete any of your personal information that we have collected from you and retained, subject to certain exceptions.
• Right to Opt-Out of Sales. If we “sell” your personal information according to California law, you can opt-out. In addition, if you direct us not to sell your personal information, we will consider it a request pursuant to California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes.
• Right to Nondiscrimination. You are entitled to exercise the rights described above free from discrimination in the form or legally prohibited increases in the price or decreases in the quality of our products and services. 

6.4 How to Exercise Your California Privacy Rights.  Requests to exercise your California privacy rights may be submitted using the methods below:

• Access or Deletion.You can request the access or deletion rights described above by emailing us via our contact form.

•  
• Opt-Out of “Sales.”  Under California law, some of the data we share with our advertising partners may qualify as a “sale” as defined under California law. You can opt-out of such “sale” of your personal information by:
  • Emailing us via our contact form
  • Clicking here: Do Not Sell My Personal Information. 

When exercising your rights or otherwise assisting you, we may need to request specific information from you to help us confirm your identity. This is a security measure to ensure we do not disclose personal information to any person who is not entitled to receive it.  We may also contact you to ask you for further information in relation to your request to speed up our response. 

You may also designate an authorized agent to make a request on your behalf.  If you do so, we may require your proof of identification, the authorized agent’s proof of identification, and any other information that we may request in order to verify your request, including evidence of valid permission for the authorized agent to act on your behalf.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights).  However, we may charge a reasonable fee or decline to comply with your request if your request is unfounded, repetitive, or excessive.

We try to respond to all legitimate requests within 45 days of your request. Occasionally it may take us longer than 45 days to respond, for instance if your request is particularly complex or you have made a number of requests.  In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.

6.5 “Shine the Light” Requests.  Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with bp pulse are entitled to ask us for a notice describing what categories of personal information we share with third parties for their direct marketing purposes. This notice will identify the categories of information shared with and will include a list of the third parties with which it is shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit your request with the subject heading: “California Shine the Light Request” to the address listed in the section titled “CONTACTING US” below.

7.  NOTICE TO NEVADA RESIDENTS

Nevada Revised Statutes Chapter 603A allows Nevada residents to opt-out of the “sale” of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. If you are a Nevada resident who wishes to exercise your “sale” opt-out rights, you may submit a request to us using the contact information listed at the end of this Privacy Policy.

8.  OTHER SITES AND SERVICES

The Website may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use, and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.

9.  INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

bp pulse is based in the United States of America.  If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from U.S. law and you provide personal information to us, please note that any personal information that you provide to us may be transferred to the United States of America.  By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein. 

10.      CHILDREN’S PRIVACY

The Website is not intended for use by anyone under the age of 16, and we do not knowingly collect personal information from children under 16.

11.      ACCESSIBILITY

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

12.      CONTACTING US

If you have any questions or concerns about our Privacy Policy or any other privacy or security issue, please contact us via our contact form.