Privacy Policy

Hi! My name is John Raymond Barker, and I thank you for visiting my website, jerby.com. If you need to contact me, please use the *contact form on this page

Currently, I operate my website on WordPress. By default WordPress does not collect any personal data about visitors, and only collects the data shown on the User Profile screen from registered users. However I do utilize services that may collect personal data. They include GoogleAnalytics, GoogleAdSense, Akismet, *2 BestWebSoft plugins for my contact form and displaying GoogleAdsense Ads, and MailChimp. You can find out more below.

My website uses GoogleAnalytics as well as Google AdSense to generate ad revenue:

Google uses cookies to help serve the ads it displays on the websites of its partners, such as websites displaying Google ads or participating in Google certified ad networks. When users visit a Google partner’s website, a cookie may be dropped on that end user’s browser.

  • Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to this website or other websites.
  • Google’s use of advertising cookies enables it and its partners to serve ads to my users based on their visit to my sites and/or other sites on the Internet.
  • Users may opt out of personalized advertising by visiting Ads Settings. (Alternatively, you can opt out of a third-party vendor’s use of cookies for personalized advertising by visiting www.aboutads.info.)

If you have not opted out of third-party ad serving, the cookies of other third-party vendors or ad networks may also be used to serve ads on my site.

The Network Advertising Initiative offers a variety of options as well.

I utilize the plugin Akismet to help to fight spam:

We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).

I utilize plugins for both a contact form and for displaying my GoogleAdsense ads by the company BestWebSoft. From their privacy policy:

Your privacy is important to us.

It is BestWebSoft’s policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • We will only retain personal information for as long as necessary for the fulfillment of those purposes.
  • We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. BestWebSoft may change this privacy policy from time to time at BestWebSoft’s sole discretion.

What Kind of Information Do We Collect?
– we collect the information you give us when buying our products or services and information you provide to us directly;
– when you purchase our products or services our payment processor may ask you for such information as your name, email address, phone number and transaction details. Transaction information is collected and processed by 2checkout.com;
– we collect the content, information about your email and avatar when you communicate with us or other MotoPress users via a forum, comments, and reviews.

Contact Information
We use your contact information, such as your email address, to authenticate your account and keep it secure, and to help prevent spam, fraud, and abuse. We also use contact information to personalize our services, enable certain account features (for example, for login verification), and to send you information about our services. BestWebSoft also uses your contact information to market to you as your country’s laws allow. You can use your settings for email to control notifications you receive from us. You can also unsubscribe from the notifications by following the instructions contained in the email (unsubscribe link) or direct contact.

If you email us, we will keep the content of your message, your email address, and your contact information to respond to your request.

Payment Information
You may provide us with payment information, including your credit or debit card number, card expiration date, CVV code, and billing address, in order to purchase products or other offerings provided as part of our services. This information is also stored by our payment processor – 2Checkout.com.

Links
In order to operate our services, we keep track of how you interact with links across our services. This includes links in emails we send you and links on BestWebSoft website.

Web Data
When you view our content on third-party websites that integrate BestWebSoft content the data that includes the web page you visited. We use this information to better understand the use of our services, to protect the safety and integrity of our platform, and to show more relevant content. We do not associate this web browsing history with your name, email address, phone number, or username, and we delete, obfuscate, or aggregate it after no longer than 30 days. We do not collect this data from browsers that we believe to be located in the European Union or the EFTA States.

Developers
If you provide the FTP credentials, we process your personal data to help provide our services (fix the bug or customize the product).

Protection of Information
Your BestWebSoft.com information is protected for your privacy and security. We safeguard your personal information from unauthorized access, network firewall, and physical security measures.

We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location. Personal information that we store or transmit is protected by security and access controls, including username and password authentication, two-factor authentication, and data encryption where appropriate.

BestWebSoft.com retains your personal information only as long as necessary to fulfill the purposes identified herein or as required by the law.

Deletion
If you follow the instructions here, your account will be deleted, including your name, username, and email.

My website uses MailChimp to  consensually collect email addresses and to operate a newsletter to promote events, products, and services as an actor, singer, musician, director, writer, & designer:

Please visit MailChimp’s Privacy and Terms for extensive information. I am placing some key items from their Privacy Policy below.

MailChimp is an online marketing platform (the “Services“) operated by The Rocket Science Group LLC, a company headquartered in the State of Georgia in the United States (“we,” “us,” “our,” and “MailChimp“).

The Services enable our Members to, among other things, send and manage email campaigns and serve advertisements. We also provide other related services, such as real-time data analytics. Find out more about our Services here.

A. How We Share Information
We may share and disclose your Personal Information to the following types of third parties for the purposes described in this privacy policy (for purposes of this section, “you” and “your” refer to Members, Contacts, and Visitors unless otherwise indicated):

(i) Our service providers: Sometimes, we share your information with our third-party service providers, who help us provide and support our Services and other business-related functions.

Learn More

(ii) Advertising partners: We may partner with third-party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information of Members and Visitors with them for this purpose. We do not sell or market to any of our Members’ Contacts.

Learn More

(iii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.

(iv) A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition.

Learn More

(v) Any other person with your consent.

B. Legal Basis for Processing Personal Information (EEA Persons Only)
If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services and our Websites; and for our marketing activities.

If you are a Member, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.

Where required by law, we will collect Personal Information only where we have your consent to do so.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the “Questions and Concerns” section below.

C. Your Choices and Opt-Outs
Members and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the “unsubscribe” link at the bottom of our marketing messages.

Also, all opt-out requests can be made by emailing us using the contact details provided in the “Questions and Concerns” section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel your MailChimp account.

D. Our Security
We take appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. For further information about our security practices, please see our Security page here. If you have any questions about the security of your Personal Information, you may contact us at privacy@mailchimp.com.

MailChimp accounts require a username and password to log in. Members must keep their username and password secure, and never disclose it to a third party. Because the information in a Member’s MailChimp account is so sensitive, account passwords are hashed, which means we cannot see a Member’s password. We cannot resend forgotten passwords either. We will only provide Members with instructions on how to reset them.

E. International Transfers
(i) We operate in the United States

Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering our Members a Data Processing Agreement.

(ii) Data transfers from Switzerland or the EU to the United States

MailChimp participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all Personal Information received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to each Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield website, here.

A list of Privacy Shield participants is maintained by the Department of Commerce and is available here.

MailChimp is responsible for the processing of Personal Information we receive under each Privacy Shield Framework and subsequently transfer to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for all onward transfers of Personal Information from the EU and Switzerland, including the onward transfer liability provisions.

With respect to Personal Information received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider TRUSTe (free of charge to you) here. Under certain conditions, more fully described on the Privacy Shield website, here, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

Members located in Switzerland and the EU should also request our data processing agreement here, where you will be directed to log in to your account to sign the agreement online, in addition to relying on MailChimp’s Privacy Shield certification.

(iii) Members located in Australia

If you are a Member who lives in Australia, this section applies to you. We are subject to the operation of the Privacy Act 1988 (“Australian Privacy Act“). Here are the specific points you should be aware of:

  • Where we say we assume an obligation about Personal Information, we are also requiring our subcontractors to undertake a similar obligation, where relevant.
  • We will not use or disclose Personal Information for the purpose of our direct marketing to you unless you have consented to receive direct marketing; you would reasonably expect us to use your personal details for the marketing; or we believe you may be interested in the material but it is impractical for us to obtain your consent. You may opt out of any marketing materials we send to you through an unsubscribe mechanism or by contacting us directly. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as “direct marketing” under the Australian Privacy Act, including changes to our terms, system alerts, and other information related to your account.
  • Our servers are located in the United States. In addition, we or our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of offshore activity. All of our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas.
  • If you think the information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request.
  • If you are unsatisfied with our response to a privacy matter then you may consult either an independent advisor or contact the Office of the Australian Information Commissioner for additional help. We will provide our full cooperation if you pursue this course of action.

F. Retention of Data

We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we’ll refer to these criteria in order to determine retention period:

  • Whether we have a legal or contractual need to retain the data.
  • Whether the data is necessary to provide our Services.
  • Whether our Members have the ability to access and delete the data within their MailChimp accounts.
  • Whether our Members would reasonably expect that we would retain the data until they remove it or until their MailChimp accounts are closed or terminated.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

G. California Privacy
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third-parties’ direct marketing purposes, and (b) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or email us at privacy@mailchimp.com.

H. Changes to this Policy
We may change this privacy policy at any time and from time to time. The most recent version of the privacy policy is reflected by the version date located at the top of this privacy policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this privacy policy or other notice on the Websites. We encourage you to review this privacy policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this privacy policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy that was in effect on each respective date you visited the Website.

I. Questions & Concerns
If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please use our contact form to send us a message. You may also contact us by postal mail or email at:

For EEA Residents:

For the purposes of EU data protection legislation, The Rocket Science Group LLC d/b/a MailChimp is the controller of your Personal Information. Our Data Protection Officer can be contacted at dpo@mailchimp.com.

For Non-EEA Residents:

The Rocket Science Group LLC d/b/a MailChimp
Attn. Privacy Officer
privacy@mailchimp.com
675 Ponce de Leon Ave NE, Suite 5000
Atlanta, GA 30308 USA

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