PRIVACY POLICY

Effective Date: January 19, 2024

DIRTXCHANGE, Inc. d/b/a Bulk Exchange (“Bulk Exchange,” “we,” “us” or “our”) collects information about you when you use our mobile applications (“Apps”), websites (“Sites”), and other online products and services to order products for delivery, and through other interactions and communications, you have with us (collectively, the “Services”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from Bulk Exchange customers (“Users”). Beyond the Privacy Policy, your use of Bulk Exchange is also subject to our Terms of Service (www.bulkexchange.com) This Privacy Policy does not govern the use of our Services by drivers or couriers of products on behalf of us or our customers.

By using our Services, you are accepting the practices described in our Privacy Policy. If you do not agree to the terms of this Privacy Policy, you may not use the Services. We reserve the right to modify or amend the terms of our Privacy Policy from time to time. Your continued use of our Services following the posting of changes to the Privacy Policy will mean you accept these changes. If we intend to apply the modifications or amendments to this Privacy Policy retroactively or to personal information already in our possession, we will provide you with notice of the modifications or amendments.

Please be advised that the practices described in this Privacy Policy apply only to information gathered by us through our Services. It does not apply to any information you provide to third-party platforms used to access the Services or otherwise. PLEASE REVIEW THEIR PRIVACY POLICIES CAREFULLY TO UNDERSTAND WHAT INFORMATION THEY MAY COLLECT, PROCESS, AND USE FROM YOU.

1. INFORMATION WE COLLECT

We collect personal information when you register with and use any of our websites, mobile sites or mobile applications (collectively, our “Sites and Apps”) and when you use any of our products or services. Personal information is any information about you that is personally identifiable, such as your name, address, email address, phone number, social media handles, payment information and financial information and any other information that is not otherwise publicly available.

We may also collect information relating to your devices, including your device type and model, operating system, browser type, unique device identifier, IP address, mobile phone number, mobile network carrier, location, and event information (such as application installations).

You also give us personal information when you communicate with us or undertake similar voluntary actions. Providing this information is completely voluntary on your part; however, it may be required to use or access some of our Services. For example, if you choose to contact us via email, we may retain your email and email address along with any other associated information. Doing so is completely voluntary on your part, and you have the choice about whether and what information to disclose via your email.We may collect and use your device or browser location information as you use our Services (and, if you elect to turn on background location tracking for our Services, while you are not directly interacting with the Services). We may identify your location using a variety of technologies, including GPS, the WiFi points you are accessing the Service through and mobile/cell tower triangulation.

If you order products or pay for services, we will need your shipping address, billing name and address, as well as your credit card number and expiration date. Any credit card or payment information that you input to our site will not be collected by us, but will instead be encrypted and routed directly to a third-party, PCI compliant payment processor. When we deliver a shipment or provide other services, we may obtain physical location data. This includes, for example, data identifying the actual location of a physical address using information such as GPS data, geocodes, latitude and longitude information, and images of the various locations.

We may also receive information from third parties that we combine with information otherwise collected from you, such as the following:

  • If you link your Bulk Exchange account with a payment provider or social media service, or if you engage with a separate app or website that uses our API (or we use their API), we may receive information about you from that site or app, and

  • If your employer uses our service, we may receive information about you from your employer.

In addition, please note, our Services may use third-party platforms to access the Services, or we may provide third party interfaces or links in the Service to facilitate your accessing the Services. When you use these third-party platforms, the third-party platforms may or may not provide us with information about you. We are not responsible for the terms, policies, disclosures or actions of any third-party platforms.

2. COOKIES AND SIMILAR TECHNOLOGIES

When you visit our websites or use our app(s), widgets or plug-ins, we may collect certain information by automated means, such as cookies and web beacons. The information we collect in this manner includes IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken, pages or screens you viewed and how long you spent on a page, and dates and times of activity. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon” also known as an Internet tag, pixel tag or clear GIF, links web pages or apps to web servers and may be used to transmit information back to a web server. Through these automated collection methods, we obtain and store “clickstream data” to tell us usage patterns.

3. AUTHORIZED THIRD PARTIES

We may work with a third party partner to facilitate phone calls and/or text messages between our customers and drivers who have been connected in relation to a pending order and delivery. We may receive information about these communications, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages.

If your employer, university or organization orders products and services from Bulk Exchange, we may receive information about you, such as your email address, from your participating organization. We utilize a third party payment service to receive and process any credit card or other payment information that you input on our site.

We also work with third party service providers to monitor certain pages of our Sites and Apps for such purposes as reporting traffic and other advertising statistics. Where authorized by us, these third party providers may use cookies and/or other monitoring technologies to compile anonymous statistics about our visitors.

We may also allow third parties to provide us with analytics about your visits to our Sites and Apps. The third party analytics services may use cookies, web beacons and other technologies to collect information about your use of the Sites and Apps and other websites, including your IP address, web browser, pages viewed, time spent on pages, and links clicked. This information is provided to us on an aggregated, non-PII basis, and may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand our users’ online activity.

4. HOW WE USE INFORMATION WE COLLECT

We use your information for the following general purposes: to fulfill your requests for products and services, administrative purposes, to improve our services, to contact you, and for internal business purposes. We use third-party information you provide to us to provide services to you and our other customers.

More specifically, we may use your information for the following purposes:

  • Deliver and track shipments and product deliveries;

  • To provide you with our Services;

  • Provide products and services you request;

  • Send you text messages and push notifications;

  • Contact you by phone and otherwise communicate with you regarding your order or the Service;

  • Communicate with third party vendors about your order in accordance with the provisions of this Privacy Policy;

  • Process and collect payments;

  • Provide customer support and respond to and communicate with you about your requests, delivery status, questions and comments;

  • Find and prevent fraud;

  • To enforce our Terms;

  • Process claims we receive in connection with our services;

  • Operate, evaluate and improve our business;

  • Establish and maintain your profile on the Service; and

  • As otherwise set forth in this Privacy Policy.

We use anonymous information, such as that pertaining to web or mobile pages you have viewed, in order to analyze trends, provide a better user experience and gather broad demographic information for aggregate use. We do not use this data in a manner that would identify you personally. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. We, our service providers, and our third party advertising partners may collect and use your personal information for marketing and advertising purposes.

Our third party advertising partners may use cookies and similar technologies to collect information about your interaction with the service, or communications and other online services over time, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more below about your choices for limiting certain kinds of information sharing.

As we continue to develop our business, we may undergo a business transition such as acquiring another company, merging with an existing company, or selling all or a portion of our assets. In such transitions, customer information is typically one of the business assets that is transferred or acquired by a third party. In the event that we sell part or substantially all of our assets, are acquired or enter a court proceeding, you acknowledge that such transfers may occur and that your personal information can continue to be used as set forth in this privacy policy.

We rely on the following legal grounds to use your data:

  • Where it is needed to provide you with our Service.
  • Where it is in our legitimate interests to do so, such as: managing our products and services, and providing our Service to you.
  • To comply with our legal obligations.
  • With your consent or explicit consent, where applicable.
  • For a public interest.

5. INFORMATION SHARING

We do not sell or otherwise share personal information about you, except as described in this Privacy Policy. From time to time, we share the personal information we collect with trusted third-party vendors which provide services or features services essential to the BX services, and in those cases, those vendors are required to (1) comply with applicable law relating to the onward transfer of customer data, and (2) are subject to a privacy policy that is no less protective than the terms of this policy. To perform our order and delivery services, we may share purchase information with merchants and suppliers, and shipping information with third parties such as shippers, consignees, third-party payors and recipients. We also share personal information with third parties who perform services on our behalf based on our instructions. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

We may combine personal information with publicly available information and information we receive from or cross-reference with our vendors and partners. These companies may use your personal information to enhance and personalize your shopping experience with us, to communicate with you about products and events that may be of interest to you and for other promotional purposes. Information sharing will allow us to introduce new resources based on your interests and needs. With that in mind, when you order an item, your customer information may be shared with other select companies whose products and services you may find useful and those select companies will handle, store, retain, use, share and access personal information in accordance with their own privacy policies, and we disclaim any and all liability relating thereto.

Every now and then, we will invite customers to take part in surveys, promotions, contests and sweepstakes. The information we collect from these surveys, promotions, contests and sweepstakes may be matched with individual customer accounts and used to improve your overall customer experience, and may be shared with select third parties.

In addition, we may share your information in connection with the following circumstances:

  • In relation to a business transaction such as the acquisition of or sale to another company, merger, or sale of all or a portion of our assets;

  • If a government authority requests information and we think disclosure is required in order to comply with applicable laws or regulations;

  • To comply with a legal requirement, process or court orders;

  • With our insurers to help determine and provide relevant coverage in the event of an incident; or

  • you consent to its disclosure and sharing.

6. CHILDREN’S INFORMATION

Our Services are not intended for children under the age of 18, and we will not knowingly collect personally identifiable information from children. We do not permit subscribers under the age of 18 to use our service. If we become aware that a subscriber is under the age of 13, we will remove their personally identifiable information from our files.

7. ACCESS TO YOUR ACCOUNT INFORMATION AND PREFERENCES

You have the right and ability to edit your member account information on our Sites and Apps at any time. You can opt in or out of receiving future communications from us about special offers and new product information, you can unsubscribe by following instructions contained in the messages you receive, or you can change your marketing preferences by contacting us through the Contact Us page of any of our brands. We do reserve the right to send you certain communications relating to the services we provide, such as service announcements and administrative messages.

7.1 Managing Your Information.

You can access and update some of your personal information through your Account settings. If you connected your Bulk Exchange Account to a third-party service, like Facebook or Google, you can change your settings and unlink from that service in your Account Settings. You are responsible for keeping your personal information up to date.

7.2 Data Access and Portability.

In some jurisdictions, applicable law may entitle you to request certain copies of your personal information or information about how we handle your personal information, request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format, and/or request that we transmit this information to another service provider (where technically feasible).

7.3 Data Erasure.

In some jurisdictions, you can request that your personal information be deleted. Please note that if you request deletion of your personal information, or if your account is suspended, terminated, or voluntarily closed:

  • We may retain your personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend a Bulk Exchange Account for fraud or safety reasons, we may retain information from that Bulk Exchange Account to prevent that Member from opening a new Bulk Exchange Account in the future.

  • We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Bulk Exchange and Bulk Exchange Payments may keep information for tax, legal reporting, and auditing obligations.

  • Information you have shared with others (e.g., Reviews, forum postings) will continue to be publicly visible on Bulk Exchange, even after your Bulk Exchange Account is canceled. However, attribution of such information to you will be removed. Some copies of your information (e.g., log records) will remain in our database, but are disassociated from personal identifiers.

  • Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

7.4 Your Rights Under Data Protection Laws

Here is a list of the rights that individuals have under data protection laws. They don’t apply in all circumstances. If you wish to use any of them, we’ll explain at that time if they are engaged or not.

  • The right to be informed about the processing of your personal information.

  • The right to have your personal information corrected if it is inaccurate and to have incomplete personal information completed.

  • The right to object to processing of your personal information.

  • The right to restrict processing of your personal information.

  • The right to have your personal information erased (the “right to be forgotten”).

  • The right to request access to your personal information and to obtain information about how we process it.

  • The right to move, copy or transfer your personal information (“data portability”).

Rights in relation to automated decision making which has a legal effect or otherwise significantly affects you.

7.5 Opt-in Consent and Managing Notifications

By agreeing to the Bulk Exchange privacy policy you agree to receive notifications from our email and SMS notification service. You have the flexibility to choose how you receive updates. Opting in means you agree to receive transactional email and text messages as well as notifications about our latest news, offers, and updates. You can customize your preferences to select the type of content you wish to receive. If you decide later that you no longer want to receive these notifications, you can easily opt-out. Opting out can be done through the unsubscribe link in our emails, by sending a STOP message in response to our SMS or by contacting our Support team at support@bulkexchange.com. This ensures you have complete control over your communication preferences with us, allowing you to stay informed on your terms.

8. CONDITIONS OF USE, NOTICES, AND REVISIONS

If you choose to visit our website or use our app, any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes, and choice of law provisions. If you have any concerns about privacy on our website or through our app, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Terms of Use will change also. We may email periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

9. CONFIDENTIALITY AND SECURITY

We use a secure server (SSL) to encrypt your personal financial information. We use other physical, electronic and procedural safeguards to protect the security and confidentiality of the information we have collected, and to prevent unauthorized access to or disclosure of your information.

10. THIRD PARTY SITES

Our Sites and Apps may contain links to other sites for news and other information. Our Privacy Policy only applies to our Sites and Apps, and we are not responsible for the privacy practices or the content of other sites which are linked to or integrated with our Sites and Apps. You should check the privacy policies of those sites before providing your personal information to them. See our Terms of Use for additional information.

11. YOUR CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act (CCPA) grants California residents certain privacy rights regarding the personal data we collect. We are committed to respecting these rights and complying with the CCPA. Under the CCPA you have the right to request that we disclose to you what personal data we collect, use, disclose, and sell. The CCPA also gives California residents a right to opt-out from the sale of their personal data. You also have the right to request deletion of personal data that is in our possession, subject to certain exceptions. Please note that your request to delete data may impact your use of the Services in some cases, and we may decline to delete information for reasons set forth in this Privacy Policy or as permitted by the CCPA. Finally, you have a right to not be discriminated against for exercising your rights under the CCPA.

We do not sell your Personal Data and have not done so in the past 12 months. The information listed in Section 1 falls under the following CCPA categories: identifiers, commercial information, Internet or other electronic network activity information, geolocation data, and visual information. Section 4 sets out the reasons why we process your Personal Data, the associated legal bases we rely upon to legally permit us to process your Personal Data, and the categories of Personal Data processed for these purposes. Section 5 sets out the categories of third parties with whom we have shared Personal Data in the past 12 months.

If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, please contact us through the Contact Us page on our website or accessible from our app.

12. NON-UNITED STATES USERS

Please note that the Services are solely directed toward users who reside in the United States. By using the Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States, where permitted by law. Some of these countries may not offer the same level of privacy protection as your own. Therefore, you should not provide personally-identifying information through the Services. If you provide such information, you acknowledge that it is necessary to internationally transfer and process it in the United States. You also agree that you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

13. CONTACT INFORMATION

If you have questions about this Privacy Policy, you can contact us through the Contact Us page on our website or accessible from our app. I confirm that I have read and accept the Terms and Conditions and Privacy Policy and consent to be bound by them.