Buxton Privacy Policy

September 12, 2023
As the operators of this website, Buxton Enterprises and its subsidiaries and affiliates, Buxton Company, LLC and LSMx, Inc., collectively, “Buxton” having its principal office address at 2651 South Polaris Drive, Fort Worth, Texas, 76137 (“we”, “us”, “our”), are committed to protecting and respecting your privacy. This Privacy Policy (“Privacy Policy”) relates to services provided through our website, web applications and other means (“Services”) and sets out the basis on which the Personal Data collected from you, or that you provide to us will be processed by Us. This Privacy Policy describes how we collect, use and disclose certain Personal Data. This Privacy Policy is incorporated into, and is part of, the Terms and Conditions, which govern your use of this website in general. “Personal Data” means any information that relates to an identified or identifiable individual and includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations (collectively, to the extent applicable to Us, the “Data Protection Laws”). This Policy does not cover the practices of companies we do not own or control or people we do not manage. Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it. If you do not agree to this Privacy Policy, please do not use our Services.

1.    Information We Collect
We collect information in multiple ways, including when you provide information directly to us, when we passively collect information from you or your device, and when we collect information from third parties, as described below.

1.1.    Information You Provide Us
We collect the following types of information when you provide it directly to us:

• Business Contact Information: We collect your business contact information when you provide a Buxton employee with your business card, create an account with Us or submit questions, queries or feedback via our website, register for a webinar, or communicate with us by email or social media. Typically, business contact data includes your name and contact methods, such as telephone number, email address, and mailing address, and professional data includes details such as the organization with which you are affiliated, your job title, and industry.
• Email Address: We collect your email address when you sign up to receive our newsletters, and other marketing communications. If you decide that you no longer wish to receive such newsletters or promotional e- mail from us, you may unsubscribe by following the instructions contained in each email we send to you.
• Online Chat Information: We collect the information you provide via our platform’s chat features.
• Contract and Payment Data: We may receive contract details (like signatures) from you or your organization, and billing information, which may contain Personal Data such as billing name, billing address and payment card details, in connection with some of our services.
• Account information: We collect your username and the password you use to access our Services.
• For Job Applicants Only: Job Applicant Data: We will collect your contact and professional information, including your resume with educational and work background, when you apply for a job with us. You may also provide us with sensitive information, like your Social Security Number or other government identifier, racial or ethnic origin, or other such Personal Data in connection with your job application.
• Background Data: We may collect background and criminal information, such as background checks, criminal convictions, and credit checks, when applicable. This also includes verification of academic credentials.

1.2    Automatically Collected Data: When you access or use our Services, we may automatically collect information about your visit from your device or browser, including:

1.2.1    Log Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Site.

1.2.2    Device and Network Information: We may collect information about the computer or mobile device and network you use to access our Services, including the hardware model, operating system and version, device identifiers, mobile network information, and general location inferred from IP address.

1.2.3    Cookies and Other Tracking Technologies. Some of our websites may use cookies and similar technologies, such as web server logs, beacons, and tracking pixels. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand what pages on the Services you have visited; (iv) enhance your user experience by delivering content specific to your interests; (v) perform searches and analytics; and (vi) assist with security administrative functions. Cookies are placed in your browser cache, while tracking pixels (sometimes referred to as “web beacons” or “clear GIFs”) are electronic tags with a unique identifier embedded in websites, online ads and/or email, and are designed to provide usage information like ad impressions or clicks, measure popularity of the Services and associated advertising, and access user cookies. We may also use these automated technologies to collect and analyze other information related to the devices you use to access the Services, such as IP addresses, browser types, browser language, operating system used, the domain name of your Internet service provider, unique device identifiers, and other information about your devices used to access the Services. These automated technologies may also collect information on the websites you have visited before and after you visit the Services, and the advertisements you have accessed, seen, forwarded, and/or clicked on when using the Services or other websites. We or third-party technologies we use may place or recognize a unique cookie on your browser to enable you to receive customized content, offers, services or advertisements on our websites or other sites. We do not control these third-party technologies, and their use of your information is governed by those parties' privacy policies. As we adopt additional technologies, we may also gather additional information through other methods. You can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g., Microsoft Edge, Google Chrome, Mozilla Firefox, or Apple Safari). Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.

1.3    Information We Receive From Other Sources
In the course of doing business, we receive Personal Data and other information from other third parties for our business and commercial purposes. This information varies and typically falls into the following categories:

• Business Contact Information, such as name, job title, professional designation, business email, phone number, address, and other information included in your social profile (such as LinkedIn), including other details about your company. Typically, we receive this information about you from a few sources, such as: (i) third-party marketing initiatives, such as events where we are a sponsor; (ii) when you consent to having your attendee badge scanned at an event; (iii) companies such as information aggregators and entities from whom We have licensed business contact information; (iv) web-scraping services; and (v) referrals.
• Your Name and Geographic Information, such as your address and the Core Based Statistical Area in which you live.
• Demographic Information, such as your age, race, ethnicity, gender and income characteristics.
• Commercial information, such as information provided to us by our clients about purchases you make.
• Psychographic and other “Modeled” Information. Modeled information involves grouping individuals into like categories based on similarities of their known attributes. For example, based on the area in which you live, and estimates of your income, an assumption can be made about the type of automobile you are likely to lease or own. Estimates of your shopping behaviors, lifestyle statements, hobbies, interests, media preferences and demographic attributes such as possible religious preference are all examples of Modeled information that we may collect. We require all third parties that provide us with Psychographic and other Modeled Information to provide us with such information in accordance with any applicable consent requirements under Data Protection Laws. 
• Geolocation information, such as a device identifier, proximity of a device to various locations, and time and date of geolocation information capture. This information does not contain an individual's name or address, and is typically captured via Locations Services on the device and various applications that use that particular service, consistent with the device’s privacy settings.
• Address Information you provide to the U.S. Postal Service, such as your previous address and your new address if you change addresses.
• Details about you as a job candidate received from recruiters, your references, or other third parties in connection with your application.
• User-Generated Content, such as comments and information you submit in public forums or message boards, reviews and feedback or testimonials you provide about our Services.
• Other Client Information. Subject to the terms of our agreement with each client, we collect information provided to us by our clients in order to provide them with our services. Such information may vary depending on the client’s industry and the service that we are providing.

2.    Information we collect as a service provider. We collect information provided to us by our clients in order to provide them with our services. Such information may vary depending on the client’s industry and the service that we are providing.

How We Use Information. We or our vendors may use any of the Personal Data we collect, as described in this Privacy Policy, for the following purposes:

2.1.    To provide the Services, including by:

• Providing Demographic information and Psychographic and Modeled Information to our clients;
• Where permitted by our contracts with our clients and applicable law, combining data received from clients and Demographic Information and Psychographic and Modeled Information to create new datasets that we provide to clients as part of the Services;
• Aggregating consumer data, including Demographic Information and Modeled Information, and Geolocation Information to provide the Services; and
• Operating our website, applications, and other digital assets.

2.2.    To communicate with clients, prospective clients, job candidates, and others to respond to inquiries, communicate about products or services (either our own or those of third parties that we believe may be of interest to you), send newsletters and marketing materials, or to discuss an existing or prospective business relationship;

2.3.    To facilitate the evaluation and improvement of our Services, including the development of new products and services, optimizing, and determining the effectiveness of our advertising; analyzing our products, services, websites, and any other digital assets; and facilitating the functionality of our websites, and any other digital assets;

2.4.    To market and advertise the Services to you, including through the use of cookies and other technologies as described further in Section 3 below;

2.5.    To perform a contract, we have with you and process transactions you have requested;

2.6.    To identify and evaluate candidates for employment at Buxton, and process job applications;

2.7.    To secure our Services or verify your identity;

2.8.    For legal purposes, including:

• To comply with applicable laws, regulations, subpoenas, governmental requests or legal process;
• In connection with a legal investigation; and
• To establish, exercise, or defend or protect our legal rights or the rights of others, including compliance with our Terms of Use; and
• For any purpose for which you have given us explicit consent to do so for a specific purpose not listed above or any other lawful purpose.

1. 2.9.  We may also anonymize and/or aggregate Personal Data such that it no longer identifies you. We may use such anonymous and aggregated Personal Data without restriction.

3.    Online Advertising and Analytics

3.1.    Online Analytics  
We may use third-party web analytics services on our Services, such as those of Google Analytics. These providers use the sort of technology previously described in the “Information We Collect” section to help us analyze how users use the Services including by noting the third-party website from which you arrive. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. 

3.2.    Tailored Advertising
We and our third-party advertising partners may use advertising technologies to personalize the content and advertising that you see on the Services and to serve you relevant ads on other platforms. The ads may be based on various factors such as the content of the page you are visiting, information you provide such as your age and gender, your searches, demographic data, and other information we or our third-party advertising partners collect from you. These ads may be based on your current activity or your activity over time and may be tailored to your interests. To tailor and deliver these advertisements, third parties may place cookies or other similar technologies on your computer, mobile phone, or other device to collect information about your use of the Services in order to (i) inform, optimize, and serve ads based on past visits to our websites and other sites and (ii) report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our websites and use of our Services. We also may disclose a hashed version of your email address with third-party advertising partners for purposes of delivering tailored advertising. We neither have access to, nor does this Policy govern, the use of cookies or other similar technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of ad targeting as described below. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt-out of receiving tailored advertising from companies that participate in those programs. You may also use the links available in advertisements that appear in the Services and learn more about our advertising practices through the “About Our Ads” link available through the Services. Please note that we do not control these opt-out tools and cannot guarantee their accuracy or effectiveness.

4.    How We Disclose Information

4.1.    Service Providers and Vendors. We may disclose, for various business purposes, all categories of information we collect to the service providers and vendors that assist us with activities and provide us with services including, but not limited to, auditing interactions with users, debugging the Services, security, internal research, IT services, quality control, payment processing, hosting our customer relationship management system, and other services. We may also disclose information to our providers of professional services (for example, our auditors, insurance providers, financial service providers, and legal advisors) as needed for us to run our business.

4.2.    Protection of Rights, Security and Fraud Detection. We may disclose all categories of information we collect to third parties for business purposes to protect our customers and users, secure our physical and intellectual property, and to prevent or investigate security incidents or fraud.

4.3.    Law Enforcement and Legal Requests. For all categories of data we collect, we may disclose information as we deem necessary and appropriate to comply in good faith with applicable law or respond to valid legal requests, such as a subpoena, from law enforcement or other authorities.

4.4.    With our Affiliates. We may disclose all categories of information we collect to our affiliates and subsidiaries for business purposes, including any service providers and agents that work on our behalf. 

4.5.    Corporate Transactions. We may disclose information as required for us to carry out a corporate transaction, such as a merger or sale of assets of all or part of our company (or to conduct due diligence leading up to such a potential event). 

4.6.    Advertising and Marketing. We may make Automatically Collected Data available to third-party advertising and marketing providers to allow us to better reach our customers and prospective customers, and to sell our products and services.

4.7.    Our Clients. We disclose Demographic Information, Commercial Information, Relocation Information, Psychographic and other Modeled Information, and (where permitted by our contracts) Other Client Information, and any combination thereof, to our clients as part of the Services. We may also disclose aggregate Geographic Information to our clients.

5.    Your Rights and Choices

5.1.    Marketing Communications
You can unsubscribe from marketing emails we send to you by clicking the “unsubscribe” link they contain. Please note that even though you may opt out of receiving marketing-related communications from us, we may still send you administrative and transactional messages.

5.2.    Rights Regarding Your Information
Depending on your jurisdiction, you may have the right, in accordance with applicable data protection laws, to make requests related to your Personal Data. Specifically, you may have the right to ask us to: 

• Inform you about the categories of Personal Data we collect or disclose about you; the categories of sources of such Personal Data; the business or commercial purpose for collecting such Personal Data; and the categories of third parties to whom we disclose Personal Data.
• Provide you access to and/or a copy of certain Personal Data we hold about you.
• Correct or update Personal Data we hold about you.
• Delete certain Personal Data we hold about you.
• Provide you with information about the financial incentives that we offer to you, if any.
• Limit our use of Personal Data deemed “sensitive” under Data Protection Laws.
• Opt you out of the processing of your Personal Data for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable. 

You may also have the right to opt out of “sales” of your information and “sharing”/processing of your information for targeted advertising as described below. If you are a California resident, please see the “Notice to California Residents” section below for more information about our privacy practices and your rights.

As provided in applicable law, you also have the right to not be discriminated against for exercising your rights. Please note that certain information may be exempt from these requests under applicable law. For example, we need to retain certain information to comply with our legal obligations. We also need to take reasonable steps to verify your identity before responding to a request, which may include requesting certain government identifiers. If we are unable to verify you, we may be unable to respond to your requests. 

To exercise any of these rights, please contact us by:

1. Filling out the request form linked here: Consumer Rights Requests
2. Calling Us toll-free at 1-888-228-9866,
3. Mailing your request to: Buxton, (attention “Consumer Privacy”) at 2651 South Polaris Drive, Fort Worth, TX 76137. 

If you are an authorized agent making a request on behalf of a consumer, We also require you to email consumerprivacy@buxtonco.com that: (i) provides Us with a copy of your written authorization to confirm your right to make the request, and direct the requesting individual to verify their identity directly with Us or, if applicable, (ii) provides a copy of your power of attorney to exercise these rights on behalf of another.

Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. We will provide information about how to exercise that right in our response denying the request. 

5.3.    Notice of Right to Opt Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes and Limit Use of Sensitive Personal Information

Depending on your jurisdiction, you may also have the right to opt out of “sales” of your Personal Data and “sharing”/processing of your information for targeted advertising. As explained in the “How We Disclose Information” section above, we disclose Demographic and Psychometric and Modeled information to our clients in connection with our Services. We also provide information to third-party advertising providers for targeted advertising purposes or use advertising analytics partners to assist us in analyzing use of our Services and our user/customer base. Under applicable law, the disclosure of your Personal Data to these third parties to assist us in providing these services may be considered a “sale” of Personal Data or the processing/sharing of Personal Data for targeted advertising purposes.

Additionally, residents of certain states have the right to request that we limit our use of Personal Data deemed to be “sensitive” under Data Protection Laws, including but not limited to race/ethnicity and religious affiliation.

If you would like to opt out of the disclosure of your Personal Data for purposes that could be considered “sales” for third parties' own commercial purposes or “sharing”/processing for purposes of targeted advertising, or to request to limit our use of sensitive Personal Data, please visit the following link, which is also available in the footer of our Site: Your Privacy Options

Note that for targeted advertising opt-outs, you will need to opt out on each device you use to access the Services. Alternatively, if you have a legally recognized browser-based opt out preference signal turned on via your device browser, we will respond to that signal by automatically opting you out of cookies and similar technologies that are considered to involve “sales” or “sharing”/processing for targeted advertising purposes under applicable law. Please note that we do not knowingly sell the Personal Data of minors under 16 years of age.

6.    Security and Retention of Information
We have implemented administrative, technical, and physical security measures to protect against the loss, misuse and/or alteration of Personal Data. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure.

We retain Personal Data according to our retention policy, and generally for so long as it may be relevant to the purposes above. Datasets purchased by Buxton will be retained in accordance with the agreements between the vendor and Buxton. In determining how long to retain information, we consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the information, applicable legal requirements, and our legitimate interests. The purposes for which we process information (as well as the other factors listed above) may dictate different retention periods for the same types of information. If you opt out of email marketing, we maintain your email on our suppression list for an extended time to comply with your request. To dispose of Personal Data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time. Where we process Personal Data provided to us by a client on that client’s behalf, we retain such Personal Data in accordance with our contractual obligations.

7.    Information from Children
The Services are not directed to children under the age of 16. If we discover we have received any “personal information” (as defined under the Children’s Online Privacy Protection Act) from a child under the age of 13 in violation of this Policy, we will take reasonable steps to delete that information as quickly as possible. If you believe we have any information from or about anyone under the age of 16, please contact us at the address listed in the “Contact Us” section below.

8.    California Privacy Notice & Rights
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and disclose your “personal information” as defined in the California Consumer Privacy Act (“CCPA”). Please note that this section applies only to information that Buxton processes as a “Business,” as that term is defined under the CCPA. Where Buxton has agreed to process personal information it receives from clients as a service provider, Buxton will process such information in accordance with its contractual obligations with its clients on those clients’ behalf.

We describe the categories of information we collect, our business purposes for collecting such information, the sources and uses of such information and the entities with which we disclose such information in the “Information We Collect,” “How We Use Information,” and “How We Disclose Information” sections of this Privacy Policy. We provide additional information required by the CCPA below. 

8.1.    Collection, Use and Disclosure of Personal Information
Throughout this Policy, we discuss in detail the types of Information we collect and how we use and disclose such information. The following are the “categories” of personal information under the CCPA that we collect about California consumers and that we may, as discussed throughout this Policy, use and disclose for our business and commercial purposes:  

Categories of Personal Information as defined by CCPA	Examples of Specific Personal Information that may be Collected	Categories of Sources from which the Personal Information is Collected	Categories of entities to which we disclose the Personal Information for business purposes	Categories of third parties to which we “sell” or “share” the Personal Information
Identifiers	Business contact information, device identifiers, physical address, IP addresses	From you; data providers; clients	Service providers Affiliates Entities for legal and security purposes Entities in connection with business transactions	Clients Advertising and marketing partners
Internet and Network Activity Information	Activity on our Services	From you; clients	Service providers Entities for legal and security purposes Entities in connection with business transactions	Clients Advertising and marketing partners
Geolocation Data	Device identifiers in combination with latitude/longitude of a device	Data providers	Service providers Entities for legal and security purposes Entities in connection with business transactions	We do not sell or share this information (geolocation is provided to clients in aggregate form only)
Inferences	Inferences about consumers’ preferences, characteristics, and demographics	Data providers; clients	Service providers Entities for legal and security purposes Entities in connection with business transactions	Clients Advertising and marketing partners
Commercial information	Information about your purchases and transactions	Data providers; clients	Service providers Entities for legal and security purposes Entities in connection with business transactions	Clients Advertising and marketing partners
Professional or Employment-Related Information	Employment History including Companies and Job Titles (for job candidates), Job title and company (for representatives of our clients, vendors, and partners)	From you	Service providers Affiliates Entities for legal and security purposes Entities in connection with business transactions Prior employers and background check services (job candidates only)	We do not sell or share this information
Education Information	Educational History including Schools and programs	From you	Service providers Affiliates Entities for legal and security purposes Entities in connection with business transactions Prior employers and background check services (job candidates only)	We do not sell or share this information

8.2.    Your CCPA Rights

8.2.1.     Information Rights

California residents have certain rights with respect to their personal information, including the right to request that we:

• Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such personal information; the business or commercial purpose for collecting your personal information; and the categories of third parties to whom we disclose personal information.
• Provide you access to and/or a copy of certain personal information we hold about you.
• Correct or update personal information we hold about you.
• Delete certain personal information we hold about you.
• Provide you with information about the financial incentives that we offer to you, if any.
• Please see sections 5.2. above for more information about how to make these requests and applicable exceptions. 

8.2.2.     Opt Out Rights

Californians also have the right to opt out of "selling” of personal information or “sharing” of personal information for cross-context behavioral advertising purposes. We describe the information we “sell” and “share” in section 8.1 above. If you would like to opt out of such “selling” or “sharing,” please visit the "Your Privacy Choices" link in the footer of our Site. Note that for targeted advertising opt-outs, you will need to opt out on each device you use to access the Services. Alternatively, if you have a legally recognized browser-based opt out preference signal turned on via your device browser, we will respond to that signal by automatically opting you out of cookies and similar technologies that are considered “sales” or sharing/processing for targeted advertising purposes under Data Protection Laws. Please note that we do not knowingly sell the Personal Data of minors under 16 years of age.

8.2.3.     Right to Limit Use of Sensitive Information

Californians may also request that we limit use of personal information deemed to be “sensitive” under California law such that the information is used only for business purposes. Buxton collects and uses the following categories of information for its business and commercial purposes that may be deemed to be “sensitive personal information” of California consumers:

• Precise geolocation
• Inferred or modeled information that may reveal:
  • Racial or ethnic origin
  • Religious or philosophical beliefs
  • Sexual orientation
  • Health conditions

If you would like to request that we limit use of these categories of sensitive personal information, please fill out the request form linked here: Your Privacy Choices

8.3.    Shine the Light
California customers may request, once per year, that We disclose the identity of any third parties with whom We have shared “personal information” (as defined in the “Shine the Light” Law) for the third parties’ direct marketing purposes within the previous calendar year, along with the type of personal information disclosed. To request this information, please email us at consumerprivacy@buxtonco.com.

8.4.    Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Except as otherwise described herein with respect to legally required browser based opt outs, we do not recognize or respond to browser-initiated DNT signals, as there is no industry-wide framework for DNT signals. To learn more about Do Not Track, you can do so here.

9.    Consumer Health Data
Washington state restricts how businesses may collect and use “consumer health data,” a term defined broadly under Washington law to include precise geolocation that could reasonably indicate a consumer's attempt to acquire or receive health services or supplies. Buxton has implemented safeguards to avoid collecting precise geolocation data that could be deemed to be “consumer health data” under Washington law and does not permit its customers to infer consumer health data from use of its products. As of the date this Privacy Policy was last updated, Buxton does not use or make available consumer health data within the meaning of other state laws.

10.    Contact Us
If you have any questions or concerns about our privacy practices, please email us at consumerprivacy@buxtonco.com. 

11.    Changes To This Policy
We reserve the right to change this Policy at any time to reflect changes in the law, our data collection, use and disclosure practices, the features of our Services, or advances in technology. Please check this page periodically for changes. Your continued use of the Services following the posting of changes to this Policy will be deemed to mean you understand the applicability of those changes.