Rachaelbilby.com / JRNY Marketing Privacy Policy – Effective February 21, 2024

Rachaelbilby.com / JRNY Marketing recognizes that we are a Data Controller and that personal data must be used responsibly. Your privacy is important to us and we are committed to protecting such information. This Privacy Policy describes the treatment of information we collect from and about you when you visit our website or use other services (collectively, the “Services”) that contain a link, or otherwise refer this Privacy Policy. Our Privacy Policy also describes other sources we use to obtain information about you; explaining how we use, share and protect your information, as well as what choices you have about the information and how it is shared. By using our Services, you agree to the terms and conditions of this Privacy Policy and consent to our collection, use and disclosure of your personal information in the manner set out below. For the purpose of this Privacy Policy, “personal information” means information that identifies a specific person or is about an individual who can be identified, such as full name, email address, company, product purchases and customer information needed to fulfill a transaction.

Who We Are and Other Important Information.

Rachaelbilby.com / JRNY Marketing is a British Columbia based marketing consultant brand, owned by sole proprietor Rachael Bilby. We are devoted to working with small businesses and startups to provide marketing consulting and management services, as well as providing free resources to help small businesses improve their marketing strategy and reach their business goals.

Data Controller and Contact Details

Rachael Bilby is the Data Controller responsible for this website and handling your personal data. If you have any questions about this Privacy Policy, including requests to exercise your legal rights, please contact Rachael via our contact page and state that your query is in relation to our Privacy Policy.

Alternatively, Rachael can be reached via:

[FAO] Rachael Bilby, 709 Houghton Road, Kelowna, BC, CANADA

Email: [email protected]

Spam will not be tolerated. Do not use this information for marketing communications without our consent.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let you know via a temporary notice on our website, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Website or Services after the effective date of the revised Privacy Policy (or such other act specified at that time) will constitute your consent to those changes.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. This Privacy Policy was last updated on Ferbruary 21, 2024.

The Data Rachaelbilby.com / JRNY Marketing Collects About You

“Personal data” or “personal information” means data or information that identifies a specific person or that us about an individual who can be identified, such as full name, email address, company, product purchases and customer information needed to fulfill a transaction. It does not include data where the identity has been removed (anonymous data). You can access most areas of our website without submitting any personal information. Rachaelbilby.com / JRNY Marketing collects personal information only if you choose to complete the online forms to contact us, download a free marketing guide, sign up to our newsletter, provide feedback or request information. The personal information that Rachaelbilby.com / JRNY Marketing collects through particular sections of our website includes:

Identity Data: This may include your first name, last name, company name.

Contact Data: This may include your email address and telephone number.

Technical Data: This includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Usage Data: This includes information about how you use our website, products and services. When you visit the Website, our servers automatically record information that your browser sends. We may also collect information when you access the website by or through a mobile device.

Marketing and Communications Data: This includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect and use Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if on the rare occasion, we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

We do not collect, and ask that you not send us or disclose, any Special Categories of Personal Data about you. This includes sensitive information, like details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. Nor do we collect any information about criminal convictions and offenses.

How Personal Data Is Collected

We use different methods to collect data from and about you including through:

Direct interactions

You may give us your Identity Data, Contact Data and Marketing and Communications Data by using our website, filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • Complete a contact form request via our website
  • Request marketing to be sent to you; by signing up to email newsletters via our website
  • Request a free marketing guide to be sent to you
  • Provide us with some feedback.

Automated technologies or interactions

As you interact with our website, we may automatically collect Usage Data and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.

Third Party Sources of Data and Sharing Data

We also collect and share data as described below:

Cloud storage providers – we use cloud computing platforms that securely store all of our data, including customer details.

Email service providers – in order to send you marketing content and transactional emails we share your details with our email service provider, Campaign Monitor and Shopify.

Social Media Platforms – We may make your name and email address available to companies in order to advertise and market our services to you through other platforms on the internet (e.g. Facebook, LinkedIn, Twitter).

Analytics tools – we use analytics tools to track the way that users interact with our website (e.g. Google Analytics)

Profiling tools – we use profiling tools to understand how you engage with our website and show you content we think will be most relevant to you, based on our understanding of your interests and preferences. (e.g. Outbrain, Google AdWords)

Marketing and insights providers – marketing and insights tools allow us to understand our customers better so that we may provide you with the best possible website, products and customer service experience. We may share certain information about our customers to facilitate this process. (e.g. Later Media, Hootsuite)

Customer service platforms – when you interact with our customer service team, your details are shared with them to allow them to assist you as best possible.

Feedback forms – when you make a purchase, we may engage a third party to send out feedback forms on our behalf.

Law Enforcement/Legal Compliance – We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement requests from within or outside your country of residence. This may include disclosing your personal information to government or law enforcement agencies, or private parties, when we have a good faith belief that disclosure is required by law or when we, in our discretion, believe that disclosure is necessary to protect our legal rights, or those of third parties and/or to comply with a judicial proceeding, court order, fraud reduction or legal process served on us. In such cases, we may raise or waive any legal objection or right available to us. These uses of your data are in our legitimate interests of protecting our business security. We may also use your data and share it with the recipients listed in this Privacy Policy for the purpose of complying with our legal obligations. The lawful bases for collecting, using and sharing this data are set out in the table below.

How We Use Your Personal Data

We will only use your personal data when needed and when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to certain direct marketing (and you can see where that is the case in the table below). You have the right to withdraw consent to marketing at any time by unsubscribing from email campaigns or contacting our team via the website contact page.

Purposes for Which We Will Use Your Personal Data

We have set out below, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

  • To notify you in relation to our legal obligations and documents, including changes to our terms or Privacy Policy
    • Type of Data: Identity – Contact
    • Basis for use: Necessary for our legitimate interests of ensuring our customers are updated on these -changes.
  • To help us improve our offering to our customers, including asking you to leave a review or take a survey, or provide customer insights           
    • Type of Data: Identity – Contact – Profile – Marketing and Communications
    • Basis for use: Necessary for our legitimate interests (to study how customers use our products/services, to improve our offering to our customers, to develop them and grow our business).
  • To enable you to partake in a prize draw, competition or complete a survey  
    • Type of Data: Identity – Contact – Usage – Marketing and Communications     
    • Basis for use: Performance of a contract with you to fulfill the promotion and run the competition/prize draw. We may also subsequently use your entries for the legitimate interests of understanding our customer base more effectively.
  • To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)   
    • Type of Data: Identity – Contact – Technical         
    • Basis for use: Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise). Necessary to comply with a legal obligation.
  • To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve you           
    • Type of Data: Identity – Contact – Usage – Marketing and Communications – Technical            
    • Basis for use: Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy). Please note that where cookies are used for this purpose, this is covered separately by our Cookie Policy.
  • To deliver direct marketing to you              
    • Type of Data: Identity – Contact – Usage – Marketing and Communications – Technical
    • Basis for use: Generally, necessary for our legitimate interests (to promote our business). Where you have been asked to opt in, or the law requires consent for electronic direct marketing, our lawful basis is consent.
  • To use data analytics to improve our website, products/services, marketing, customer relationships and experiences       
    • Type of Data: Usage – Technical            
    • Basis for use: Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy). Please note that where cookies are used for this purpose, this is covered separately by our Cookie Policy.
  • To make suggestions and recommendations to you about goods or services that may be of interest to you       
    • Type of Data: Identity – Contact – Technical – Usage – Profile  
    • Basis for use: Necessary for our legitimate interests (to develop our products/services and grow our business)

We may on occasion profile our customers for the purposes of targeting marketing at them and we may conduct any automated advertising decision making and where this is done, this is undertaken for our legitimate interests of ensuring our marketing is relevant to its audience. For example, we may classify an appropriate audience for a promotion by what products on our website they have previously looked at or expressed an interest in.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Marketing and Promotions

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Please unsubscribe from emails via the ‘Unsubscribe’ button or contact us via our contact page to request changes to your choices. We will only ever send marketing in accordance with your preferences that we have recorded for you. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

We only use the data you provide to us directly for this purpose along with the Aggregated Data provided to us by our analytics partners and we do not track what other websites you may visit after visiting our site, though in common with most websites, we may register the site which referred you to our site (e.g. a search engine). You will receive marketing communications from us if you have requested information from us or subscribed to services from us or if you provided us with your details when you entered a competition, registered for an account or promotion and, in each case, you have not opted out of receiving that marketing. We will always offer a way to opt out of receiving marketing communications in every marketing communication sent to you. 

Advertising on Other Sites

There are lots of different places you may see adverts for Rachaelbilby.com / JRNY Marketing, and these may not be using your personal data; we occasionally buy advertising space in the real world and on websites and social media. If you see Rachaelbilby.com / JRNY Marketing adverts on websites and in social media, these may not be directed specifically at you and may be there because we have bid for the space or are using the providers services to show our adverts to ‘lookalike’ audiences.

Our website uses cookies/advertising IDs for the purpose of advertising via Google AdWords and Facebook Ads. This enables us to show our advertisements to visitors who are interested in our products on partner websites and apps. Re-targeting technologies use your cookies or advertising IDs and display advertisements based on your past browsing behaviour.

To read more and/or oppose to their services, please refer to their information, listed below:

Google AdWord’s: Information about Ad Services can be found here. Information about how you can opt out of Google’s use of cookies can be found by visiting Google’s Ads Settings. We may also share certain data with third party social media platforms in order to show you targeted ads when you visit them. We may do this by providing these platforms with your email address to create ‘audiences’ of users fitting within a certain demographic/category so that we can target our marketing. Please check the social media platforms’ terms for more details of these services. This is in our legitimate interests of sending you direct marketing. See ‘Opting out’ below for details of how you can adjust your marketing preferences.

Please refer to our Cookies Policy if you want to learn more about how you can adjust your cookies preferences.

Opting Out

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. If you opt out of receiving email marketing from us, we will no longer share your email address with social media platforms (see ‘External Third Parties’ below). However, you may continue to see our ads through them, due to their general demographic targeting. Please check the social media platforms for more details of how to opt out from seeing these ads. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase from us.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

International Data Use

Rachaelilby.com  /JRNY Marketing is based outside the European Economic Area (EEA) so our processing of your personal data will involve a transfer of data outside the EEA. The European Commission has so far recognized Canada (commercial organizations) as providing adequate protection. If we transfer your personal data to other countries out of the EEA, we ensure a similar degree of protection is afforded to it in accordance with data protection laws. The transfer of your personal data will only be to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

Data Security

We have appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. In the event of any suspected personal data breach, we will notify you and any applicable regulator of a breach where we are legally required to do so. You acknowledge that the Internet is not a completely secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information. We require all third parties to respect the security of your personal data and to treat it in accordance with the law and they may only use your data for the purposes we specify in our contract with them. We will always work with them to protect your privacy.

Retention of your personal data

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see Request erasure in Your Legal Rights section below for further information. In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your Legal Rights

Under certain circumstances, you may have rights under EEA data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out below, please contact us. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may refuse to comply with your request if it is clearly unfounded, repetitive or excessive.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We will try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Your California Privacy Rights (California’s Shine the Light law)

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year.

If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.

Privacy of children

We do not knowingly collect any Personal Information from children under the age of 13. If You are under the age of 13, please do not submit any Personal Information through Our Website or Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through Our Website or Service without their permission.

If You have reason to believe that a child under the age of 13 has provided Personal Information to Us through Our Website or Service, please contact Us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).

Newsletter Privacy

We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns. We do not ever sell your information to third parties.

Severability

If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Entire Agreement

The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

Law and Jurisdiction

These Terms, Conditions and Privacy Policy are governed by and construed in accordance with Canadian law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the province of British Columbia, Canada.

Complaints, Questions or Comments

You have the right to make a complaint at any time and would appreciate the chance to deal with your concerns before you approach the necessary legal body, so please contact us in the first instance. Rachaelbilby.com/ JRNY Marketing is open to questions and comments about this Privacy Policy. You can reach our team at [email protected].