PRIVACY POLICY

 

LAST UPDATED 11 SEPTEMBER 2025

 

We respect your privacy and are committed to protecting it by complying with this privacy policy (“Policy” or “Agreement”). It also describes your choices regarding our use of your Personal Information and how you can access and update it. The Business is not responsible or liable for the practices of companies that we do not own or control or to individuals that we do not employ or manage. Reading this Policy will help you understand your privacy rights and choices. We are responsible for making decisions about how your Personal Information is processed. THIS POLICY IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE BUSINESS. You acknowledge that this Privacy Policy is a contract between you and The Business, even though it is electronic and is not physically signed by you, and expressly agree it governs your use of the Website, Products and Services. BY ACCESSING AND USING THE PLATFORM, WEBSITE, PRODUCTS AND SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM, WEBSITE, PRODUCTS OR SERVICES.  

 

1. DEFINITIONS

 

Unless the context requires otherwise, capitalized terms and expressions in this Agreement are defined terms and expressions which shall have the following meaning:

 

1.1.      “Agreement” means the terms and conditions contained herein together with the obligations found in the contents of The Business’s:

 

•              Terms of Use

•              Disclaimers  

•              User Content Policies  

•              User Contact Policies  

•              Refund Policy  

•              Cookie Policy  

•              DMCA Policy  

•              Accessibility Statement  

•              Shipping Policy  

•              Affiliate Agreement  (if applicable for those who are Affiliates)

 

The Business reserves the right to modify the Agreement at any time. User’s continued use of the Platform, Website, Products, or Services shall be deemed acceptance of any new versions of the Agreement;

 

1.2.      “Account” means any account(s) of or relating to the User for use of the Platform, Website; Products, or Services.

 

1.3.      “The Business” (including the terms “we", "us" or "our”) means the entity described at the bottom of the page, having its registered business address at address at the bottom of the page, and includes its subsidiaries and affiliate businesses, and for liability indemnification purposes includes their directors, officers, employees, agents, shareholders, partners, members, contractors and owners. 

 

1.4.      “Confidential Information” means, in relation to a Party, all information (whether the information is in oral or written form or is recorded in any other medium): 

 

•            about or pertaining to the business of that Party, its affiliates, or their respective clients, suppliers, or business associates (including but not limited to information on products, technology, IT operations, intellectual property rights, know-how, financial information, and personal data), which is disclosed to the other Party, its affiliates or their respective personnel or contractors (or personnel of a contractor), or which is acquired by or otherwise comes to the knowledge of the other Party) in connection with the Affiliation;

•            the contents of this Agreement;

•            all information identified by a Party as confidential; and

•            all other information of which the other Party knows or should reasonably know to be of a confidential nature  

 

1.5.      “Contact Information" means the information for The Business listed at the bottom of this page.

 

1.6.      “Content” means any data, text, images, video, information, documents, audio or other material you submit on the Platform, Website, Products, or Services.

 

1.7.      “ESTAGE” means ESTAGE, LLC, a South Dakota LLC and its associated companies.  

 

1.8.      “Information Protection Manager” (IPM) (also the Data Protection Officer (DPO), when and only when a DPO is mandated by law) means the information for IPM listed at the bottom of this page.

 

1.9.      “Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, know-how, and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which exist or will exist now or in the future in any part of the world.

 

1.10.    “License” has the meaning ascribed thereto in clause 10 of this Agreement;

 

1.11.    “Materials” means the trade name(s) and trademark(s) of The Business; and any information and materials, including, but not limited to, logos, images, texts, banner advertisements, affiliate links, website links or URLs, hyperlinks, button links, text links, and/or other information or materials of or in relation to The Business. 

Materials also includes the name “ESTAGE,” and other trade name(s) and trademark(s) of ESTAGE; and any information and materials, including, but not limited to, logos, images, texts, banner advertisements, affiliate links, website links or URLs, hyperlinks, button links, text links, and/or other information or materials of or in relation to the brand ESTAGE that ESTAGE provides to The Business in relation to the agreement between The Business and ESTAGE, which is attached hereto as EXHIBIT A, and included herein as if set forth in full. 

 

1.12.    “Parties” means The Business and the User;

 

1.13.    “Party” means either of the Parties;

 

1.14.    “Personal Information" means data from you or about you that contains identify features that you may provide or we may collect, on The Business’s Platform, Website, Products and Services. It also includes data about you that contains identify features that we obtain from third-party sources.

 

1.15.    “Process” means the collection, accessing, storing, maintaining, protecting use, disclosing and/or sharing of Personal Information.

 

1.16.    “Products” means the software, related software products (e.g., templates), digital products (e.g., courses) other intangible items (e.g., licenses) and tangible physical items of The Business and/or ESTAGE, provided on the Platform, Website or otherwise;

 

1.17.    “Services” means the any type of services rendered by The Business and/or ESTAGE, whether related to Products or not, provided by The Business and/or ESTAGE on the Platform, Website or otherwise;

 

1.18.    “User” (including the terms “you" or "your") means: all persons accessing or using the Platform, Website, Products, and Services, whether they are a natural or legal person, and all such persons are bound by this Agreement. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Platform, Website. Products, or Services. The natural or legal person agreeing to this Agreement is responsible for assuring that its employees, agents and contractors comply with this Agreement. Any breach of the Agreement by an employee, agent, or representative acting on User’s behalf shall be deemed a breach by the User. Therefore “User” includes, for the purpose of responsibility and liability of the natural or legal person who has agreed to this Agreement and all the actions of the natural or legal person’s employees, agents and contractors; and all others they grant access to the Platform, Website, Products or Services.

 

1.19.    “Platform, means: the Website, Products and Services of The Business and includes any related products or services of partners and affiliates on the website or included in The Business’s Products and Services, and applies to anyone who visits, views, listens to, and/or uses the:

 

•            Website page(s) with the website Universal Resource Locator (URL) described at the bottom of the page, and all the sub-domains and subpages associated with that URL, or any other website in which The Business or ESTAGE makes Products available to User, to include, but not limited to ESTAGE.com (hereinafter collectively referred to as; the "Website"), or

•            Audio recordings, text and other content placed on the Platform, Website, videos and podcast of The Business on any platforms, anywhere, or

•            Video recordings, text and other content placed on Platform, Website, videos and podcasts of The Business on any platforms, anywhere, or

•            Images, video recordings, text, and other content placed on any social media platforms, anywhere, or

•            Text, images, and other content included in the emails of The Business, or]

•            Any other content created by The Business and placed on any other media outlets, channels or digital platforms, worldwide. 

 

 

GENERAL WORLD-WIDE  PRIVACY POLICIES

 

 

2.   WHAT INFORMATION DO WE COLLECT?

 

2.1. Personal information you disclose to us. We collect Personal Information that you voluntarily provide to us when you register / manage an account on the Platform, Website, Products and Services, express an interest in obtaining information about us or our Products and Services, purchase our Products and Services, when you participate in activities on the Platform, Website, when you upload, download, or access files, or otherwise when you contact us. We may also collect data from you offline through direct interactions or via paper forms.

 

2.2. Personal Information Provided by You.  The Personal Information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you purchase/use. The Personal Information we collect may include, but is not limited to, the following:

•      Identifier Data

♦ names

♦ phone numbers

♦ email addresses

♦ mailing addresses

♦ job title

♦ IP Address

♦ usernames

♦ passwords

•      Customer Records Data / Addresses

♦ billing information

♦ shipping information

♦ purchase history

♦ contact preferences

♦ contact or authentication data

•      Commercial Information

♦ websites you own / operate

♦ products / services purchased or considered

•      Internet Activity Information

♦ browsing history

♦ search history

♦ interaction with a website]

♦ interaction with an application

♦ interaction with advertisements

•      Geolocation Information

•      Professional or Employment Related Information

•      Education Information

•      Military Service Information

•      Inferences Drawn / Profile Information

♦ preference

♦ characteristics

♦ psychological trends

♦ predispositions

♦ behavior

♦ attitudes

♦ intelligence

♦ abilities

♦ aptitudes

•      Direct User Provided Information

♦ they you fill out forms

♦ create an account

♦ make a Post

♦ make a Comment

♦ information placed in Chats

•      Photo Information

♦ Photos / videos of you posted by you

♦ Photos / videos of you posted by others

•      Audio Information

♦ Audio of you posted by you

♦ Audio of you posted by others

 

2.3.       Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:

•      financial data

•      debit/credit card numbers

•      banking information

•      social security numbers or other government identifiers

•      health data

•      biometric data 

•      precise geolocation

•      race / ethnic origins

•      religious beliefs

•      sexual orientation

 

2.4. Payment Data. We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is handled and stored by our third-party processors which include, but are not limited to Stripe, PayPal and others. If you make a purchase, your receipt will indicate the payment processor used. You may find the payment processor’s privacy notices on their websites. 

 

2.5. Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Google, Facebook, X, or other social media account. If you choose to register in this way, we will collect certain profile information about you from the social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform. Please note that we do not control, and are not responsible or liable for, use of your Personal Information by your third-party social media provider.

 

2.6. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

 

3. AUTOMATIC COLLECTION OF INFORMATION

 

3.1.     When you visit, use or navigate the Platform, Website, Products and Services or any website that links to this Policy, our servers automatically record information that your browser sends. This data may include information such as:

  •     your device’s IP address, 

•      browser type and version, 

•      operating system type and version, 

•      language preferences, 

•      the webpage you were visiting before you came to the Platform, Website, Products and Services, 

•      device name,

•      country and location,

•      pages of the Platform, Website, Products and Services that you visit, 

•      the time spent on those pages, 

•      information about how and when you use our Services, 

•      other technical information,

•      the information you search for on the Platform, Website, Products and Services, and 

 

•      access times and dates, and other statistics. 

 

3.2. Like most businesses, we also collect information through cookies and similar technologies. You can find out more about this in our [[ Cookie Policy ]] and in the Cookie Section (Paragraph 11 below) on our use of cookies.

 

3.3. Information collected automatically is used only to identify potential cases of abuse, maintain the security and operation of the Platform, Website, Products and Services and establish statistical information regarding the usage and traffic of the Platform, Website, Products and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

 

4. COLLECTION OF PERSONAL INFORMATION

 

4.1.     You can access and use the Platform, Website, Products and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered on the Platform, Website, Products and Services, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, publish content, make a purchase, or fill out any online forms on the Platform, Website. When required, this information may include the following: 

 

•      Account details (such as username, unique user ID, password, etc.),

•      Contact information – including but not limited to:

♦  email address, 

♦ phone number,

♦ country of residence,

♦ Your (home, mailing and/or business) address;

♦ Your billing address; and/or 

•      Basic Personal Information – including but not limited to: 

♦ Your (full) name;

♦ Your date of birth and/or age;

♦ Your photo, video footage of You, and/or any other material containing your likeness;

♦ any material containing Your voice

•      Your Internet Protocol (IP) address (which is considered personal data only when it could identify You in conjunction with other personal data Payment information (such as credit / debit card details, bank details, etc.),

•      Geolocation data of your device (such as your physical location and latitude / longitude),

•      Any other materials you willingly submit to us (such as articles, images, videos, feedback, etc.), and

•      Most of the information we collect is directly from you via the Platform, Website, Products and Services. 

 

4.2.     In order to enhance our ability to provide relevant marketing, offers, and services to you and update our records, we may obtain Personal Information about you from other sources, such as:

•      Public databases, 

•      Social media platforms, 

•      Affiliate programs,

•      Our joint marketing partners. 

•      Third-party data providers, and 

•      Other third-party sources.

 

                4.3.     The Personal Information we collect from other sources may include:

 

•      mailing addresses,

•      job titles, 

•      email addresses, 

•      phone numbers,

•      social media profiles, 

•      social media URLs, 

•      Demographic information, such as age and gender; 

•      Device information, such as IP addresses; location, such as city and state; and 

 

•      Online behavioral data, such as information about your use of social media websites, page view information and search results and links. 

 

4.4. If you interact with us on a social media platform using your social media account (e.g., Facebook or X), we receive Personal Information about you from such platforms such as your name, email address, and gender. Any Personal Information that we collect from your social media account depends on your social media account's privacy settings. 

 

4.5. You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of our Products, Services or features on the Platform, Website. 

 

5. PRIVACY OF CHILDREN

 

5.1.We do not knowingly collect any Personal Information from children under the age of 18. Children under the age of 18 are NOT authorized to use the Platform, Website, Products and Services. If you are under the age of 18, please do NOT use this Platform, Website, Products and Services or submit any Personal Information through the Platform, Website, Products and Services. 

 

5.2.If you have reason to believe that a child under 18 has provided Personal Information to us through the Platform, Website, Products and Services, please contact us to request that we delete that child’s Personal Information from our Services. 

 

5.3. 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 the Platform, Website, Products and Services without their permission, oversee the care of children and take the necessary precautions to ensure that their children never to give out Personal Information when online without their permission.

 

6. USE AND PROCESSING OF COLLECTED INFORMATION

 

6.1.     We process your Personal Information for the following reasons: (applicable world-wide)

 

•      To facilitate account creation and authentication and otherwise manage user accounts and/or email lists, 

•      Personalize the user experience for you,

•      To deliver, maintain, improve and facilitate delivery of Products and Services to the user,

•      To respond to user inquiries/offer support to users,

•      To send administrative information to you, 

•      To fulfill and manage your orders,

•      To enable user-to-user communications,

•      To request feedback,

•      Ensure security and prevent fraud,

•      To send you marketing and promotional communications from us, our partners and/or affiliates for commercial purposes,

•      To deliver targeted advertising to you,

•      To protect our Products and Services,

•      To identify usage trends, 

•      To determine the effectiveness of our marketing and promotional campaigns,

•      To save or protect an individual's vital interest, and

•      Other legitimate business uses allowed under applicable law “Legal Basis.” 

 

6.2.     We can have a Legal Basis to process your information, including in some cases without your consent, including, for example:

 

•      Consent to use and processing has been provided,

•      If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way,

•      For investigations and fraud detection and prevention,

•      For business transactions as necessary for the performance of the agreement,

•      Compliance with a legal obligation, 

•      Protection of vital interests, 

•      Performance of a task in the public interest, 

•      If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim,

•      For identifying injured, ill, or deceased persons and communicating with next of kin,

•      If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse,

•      If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws, 

•      If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records,

•      If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced,

•      If the collection is solely for journalistic, artistic, or literary purposes, and

•      If the information is publicly available and is specified by the regulations.

 

7. PAYMENT PROCESSING

 

       In case of Services requiring payment, you may need to provide your credit card details or other payment account information, which will be used solely for processing payments. We use third-party payment processors (“Payment Processors”) to assist us in processing your payment information securely. Payment Processors adhere to the latest security standards managed by the PCI Security Standards Council, a joint effort of brands like Visa, MasterCard, American Express, and Discover. Sensitive and private data exchange happens over an SSL-secured communication channel and is encrypted and protected with digital signatures. The Platform, Website, Products and Services also comply with strict vulnerability standards to create as secure an environment as possible for Users. We will share payment data with the Payment Processors only to the extent necessary for the purposes of processing your payments, refunding such payments, and dealing with complaints and queries related to such payments and refunds. Please note that the Payment Processors may collect some Personal Information from you, which allows them to process your payments (e.g., your email address, address, credit card details, and bank account number) and handle all the steps in the payment process through their systems, including data collection and data processing. The Payment Processors’ use of your Personal Information is governed by their respective privacy policies, which may or may not contain privacy protections as protective as this Policy. We suggest that you review their respective privacy policies.

 

8. MANAGING INFORMATION

 

You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Platform, Website, Products and Services changes. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations under applicable laws, to our affiliates and partners and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so on your account's settings page on the Platform, Website, Products and Services or by contacting us.

 

9. DISCLOSURE OF INFORMATION

 

9.1. Necessary Disclosures. To maintain and operate the Platform, Website, Products and Services, and depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with persons or entities (“Third Parties”), to include, but not limited to:

 

•      Accounting service providers and programs,

•      Advertising network services, programs, and partners,

•      Affiliate services and programs, 

•      Analytics providers,

•      Artificial intelligence (AI) programs,

•      Cloud computing services and programs, 

•      Communication and collaboration services and programs, 

•      Data storage services and programs,

•      Data analytics services and programs,

•      Financial services and programs, 

•      Government agencies, 

•      Legal and regulatory authorities,

•      Order fulfillment services and programs, 

•      Payment processing services and programs,

•      Performance monitoring services and programs, 

•      Potential acquirers in a business transaction

•      Product engineering and design services and programs, 

•      Retargeting services and programs,

•      Sales and marketing services and programs, 

•      Service providers performing functions on the organization's behalf,

•      Social network services and programs, 

•      Testing tool services and programs,

•      User account registration service and programs,

•      User authentication services and programs, 

•      Platform, Website hosting service providers and programs. 

 

9.2. Privacy Policies of Third Parties. We cannot control the privacy policies of Third Parties. We strive to work only with Third Parties that have adequate privacy policies, but cannot, and do not guarantee that Third Parties privacy policies are consistent with the Policy, or as extensive as our Policy and you expressly agree that The Business is responsible or liable for the privacy policies, actions, and use of data by Third Parties. Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are only given the information they need to perform their designated functions. We do not authorize them to use or disclose any provided information for their marketing or other purposes. We will not share any information with unaffiliated persons or entities.

 

9.3. Other Disclosures. We may also disclose any Personal Information we collect, use or receive:

 

•      When required or permitted by law, such as tax reporting, respond to a government request, or to comply with a subpoena or similar legal process, 

•      Your Personal Information may be used for legal purposes by us in Court or in the stages leading to possible legal action arising from or related to use of this Platform, Website or the related Products and Services. You declare to be aware that we may be required to reveal personal data upon request of public authorities and expressly consent to such disclosure,

•      When we believe in good faith that disclosure is necessary to protect our rights, or to protect your safety or the safety of others, 

•      Investigate fraud, other illegality or abuse of the Web Site and its systems, 

•      In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and your Personal Information will likely be among the assets transferred,

•      With certain Google Maps Platform APIs (e.g., Google Maps API, Places API),

•      We may share your Personal Information with our business partners and affiliated companies, which include, but are not limited to:

♦ ESTAGE, LLC

♦ Fourpercent, LLC

♦ Amazon AWS

♦ Parent companies

♦ Subsidiaries, 

♦ Joint venture partners, or 

♦ Other companies that we control or that are under common control with us, and

We may share your Personal Information with our marketing affiliates, in which case we will require those affiliates to honor the Policies. Marketing affiliates include but are not limited to any person or entity that joins our affiliate program to be paid commissions by us for sale of our products and services.

 

9.4.Uncontrolled Disclosures. Disclosures of Personal Information may occur that the Business is not aware of and cannot control. These include:

 

•      To Other Platform, Website Users. When you share Personal Information on the Platform, Website, Products and Services that can be seen publicly (for example, by posting comments, contributions, or other content in social media rooms, chat rooms, chat rolls on live video streams, etc.) or otherwise interact with public areas of the Services, such Personal Information may be viewed by all users and may be publicly made available outside the Web Sites by others in perpetuity. You expressly agree that The Business does not have any control, responsibility, or liability for use of your Personal Information obtained or used in this manner. 

 

•      On Social Media Platforms. If you interact with other users of accounts through a social media network (such as Facebook, X, Instagram, YouTube, Tik Tok, etc.), the Business and users on the social network will see your name, profile, profile photo, and descriptions of your activity.  You expressly agree that The Business does not have any control, responsibility, or liability for use of your Personal Information obtained or used in this manner.

 

•      Other Party Platform, Websites and Services. The Platform, Website, Products and Services may link to other party’s websites, online services, applications, mobile applications and/or contain advertisements from other parties that are not affiliated with us (“Other Services”). These Other Services may further link to other websites, services, or advertisements or applications. The inclusion of a link towards Other Services does not imply an endorsement by The Business. We cannot guarantee the safety and privacy of data you provide to Other Services. Any data collected by Other Services is not covered by the Policy. We are not responsible for the content or privacy and security practices and policies of Other Services, or any other third parties, including Other Services that may be linked to or from the Platform, Website, Products and Services or Other Services. You should review the policies of such third parties and contact them directly to respond to your questions. The Business does not make any guarantee Personal Information collected or processed by Other Services or any other third parties, and we will not be liable for any loss or damage caused. 

 

9.5. Marketing Communications by Us. You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying "STOP" or "UNSUBSCRIBE" to the SMS messages that we send, or by contacting us. We may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

 

9.6. Mobile Disclosures. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging and cold calling for such marketing purposes by others with your Personal Information is expressly forbidden. Sharing information of mobile information to others to support the Platform, Website, Products, or Services may occur when data sharing is otherwise permitted. 

 

10.    TRANSFER OF PERSONAL INFORMATION INTERNATIONALLY

 

10.1. Our main Data Processor is ESTAGE. We have the following documentation from ESTAGE and all other Data Processors that we use that they are an international compliant Data Processor in all Countries in which we are doing business:

 

•      Data Processing Agreement

•      List of Sub-processors that Data Processor uses.

•      Technical and Organizational Measures (TOMs) Documentation.

•      Information on Data Transfer Mechanisms

♦ Adequacy Decision and Certification Registration Number, OR

♦ Standard Contractual Clauses, supplemented by a Transfer Impact Assessment (TIA)

•      Information necessary for us complete a Data Privacy Impact Assessment (DPIA).

 

10.2.    If we have completed a Data Privacy Impact Assessment (DPIA), a copy of that DPIA is included on this webpage and incorporated herein by reference.

 

10.3.    The servers we use are located worldwide via our third-party service provider, Amazon Web Services (AWS) and potentially others. If you are accessing our Platform, Website, Products and Services, please be aware that your Personal Information may be transferred to, stored by, and processed by us in our facilities and in the facilities of AWS and/or the third parties with whom we share your Personal Information in the United States, and other countries.

 

10.4.    AWS has been certified for the international processing of data in the U.S., EU, UK and other jurisdictions. The Business relies on this certification as evidence of acceptable transfer, storage, and processing practices. 

 

10.5.    We will verify ESTAGE, other Data Processors, Sub-Processors and AWS’s compliance / certification from time-to-time and if such certification is lost, we will take remedial action.

 

 

11. COOKIES AND OTHER TRACKING TECHNOLOGIES

 

11.1.    Our Platform, Website may use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. We may use cookies to collect, store, and track information for security, personalization, and statistical purposes. Please note that you have the ability to accept or decline cookies on our Platform, Website. Most web browsers automatically accept cookies by default, but you can modify your browser settings to decline cookies if you prefer.

 

11.2.    We may use similar tracking technologies (like web beacons and pixels) to gather information when you interact with our Platform, Website, advertisement and affiliated web pages. Some of these technologies allow us to track usage to enhance our services, products, advertising, and the Platform, Website, Products and Services. Other online tracking technologies help us maintain the security of our Services and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.

 

11.3.    We collect and share your Personal Information through:

 

•      Targeting cookies/Marketing cookies

•      Social media cookies

•      Beacons/Pixels/Tags

•      Social media plugins. 

•      Social media features on the Platform, Website, Products and Services, such as:

♦ Social media room with posting and commenting of text, video, pictures, graphics, documents, audio, chat rooms, and livestreaming with chat rolls.

♦ A "Like" button, and widgets, such as a "Share" button, in on our Platform, Website and within our Products and Services. 

 

Such features may process your Internet Protocol (IP) address and track which page you are visiting on our website. We may place a cookie to enable the feature to work correctly. If you are logged in on a certain social media platform and you interact with a widget or button belonging to that social media platform, this information may be recorded to your profile of such social media platform. To avoid this, you should log out from that social media platform before accessing or using the Services. Social media features and widgets may be hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy notices of the companies that provide them. By clicking on one of these buttons, you agree to the use of this plugin and consequently the transfer of Personal Information to the corresponding social media service. We have no control over the essence and extent of these transmitted data or their additional processing.

 

11.4.    We also permit other parties and service providers to use online tracking technologies on our Platform, Website for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). These other parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our Platform, Website, Products and Services or on other websites. 

 

11.5.    To the extent these online tracking technologies are deemed to be a "sale" or "sharing" under applicable laws, you can opt out of these online tracking technologies by submitting a request to us to do so. Please be aware, if we cannot opt-out out as you request, we will terminate your access to the Platform, Website and its Products and Services and inform you of the same.

 

11.6.    You can opt-out of Google services as follows:

 

Google Analytics

Place of processing: United States 

Privacy policy: https://business.safety.google/privacy/

Opt-out link: https://tools.google.com/dlpage/gaoptout

 

We may share your information with Google Analytics to track and analyze the use of the Services. The Google Analytics Advertising Features that we may use include Remarketing with Google Analytics, Google Display Network Impressions Reporting and Google Analytics Demographics and Interests Reporting. To opt out of being tracked by Google Analytics across their Services, visit https://tools.google.com/dlpage/gaoptout. You can opt out of Google Analytics Advertising Features through Ads Settings and Ad Settings for mobile apps. Other opt out means include http://optout.networkadvertising.org/ and http://www.networkadvertising.org/mobile-choice.

 

 

Google Fonts

Place of processing: United States

Privacy policy: https://business.safety.google/privacy/

Opt-out link: https://tools.google.com/dlpage/gaoptout

 

Google Fonts is a typeface visualization service provided by Google LLC that allows this website to incorporate content of this kind on its pages.

 

11.7. You can opt out of other services as follows:

 

Controls for do-not-track features. 
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Policy. California law requires us to let you know how we respond to web browser DNT signals. Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to requests for our procedures at this time and will simply terminate your account, Product or Service in response to such request.

 

Other Opt-Out Requests.

You can also opt-out by submitting a request to us to do so. Please be aware, if we cannot opt-out out as you request, we will terminate your access to the Platform, Website Products and Services and inform you of the same.

 

12.     USE OF / SALE OF: ARTIFICIAL INTELLIGENCE-BASED PRODUCTS

 

12.1. As part of the operation of and maintenance of the Platform, Website, Products and Services, we use products, features, or tools powered by artificial intelligence, machine learning, or similar technologies (collectively, "AI Products"). Use of these tools are designed to enhance your experience and provide you with innovative solutions. 

 

12.2. We may also offer AI Products for sale or for your use within our Platform, Website, Products and Services. 

 

12.3. The terms in this Policy govern The Business’s and your use of the AI Products within our Platform, Website, products and service.

 

12.4. Use of AI Technologies. We provide AI Products through third-party service providers ("AI Service Providers"), including, but not limited to: OpenAI, Microsoft Azure AI and Google Cloud AI. As outlined in this Policy, input, output, and Personal Information will be shared with and processed by these AI Service Providers to enable the Business’s and your use of AI Products.  You must not use AI Products in any way that violates the terms or policies of any AI Service Provider.

 

12.5. AI Products. The AI Products are designed for, but not limited to, the following functions:

  •      AI translation

•      AI applications

•      AI automation

•      AI bots

•      AI document generation

•      AI insights

•      AI research

•      AI search

•      Graphics / video generation and editing 

•      Natural language processing

•      Text analysis

•      Video generation and editing

•      Video analysis

 

12.6.    How We Process Your Data Using AI.  

All Personal Information processed using AI Products is handled in line with this Policy to ensure high security and safeguards your Personal Information. 

 

HOWEVER YOU EXPRESSLY ACKNOWLEDGE THAT THE VERY NATURE OF AI PRODUCTS IS THAT THEY RETAIN DATA TO LEARN, AND THEREFORE IT IS POSSIBLE THAT SOME PERSONAL DATA MAY BE RETAINED BY AN AI PRODUCT AND YOU EXPRESSLY CONSENT AND AGREE TO SUCH A TRANSFER.

 

12.7.    How to Opt-Out. We believe in giving you the power to decide how your Personal Information is used. To opt out of use of Personal Information by AI Products, you can: 

 

•     Cease using the Platform, Website, Products and Services or log in and delete your Platform, Website, Products and Services account.

•      Contact us to terminate your Products and Services. 

 

13.    RETENTION OF INFORMATION

 

13.1. General Provisions. We will retain and use your Personal Information for the period necessary for ongoing legitimate business purpose, to comply with our legal obligations, enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law, up to a maximum of 120 months after your termination of your account, products, or services. When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize such information, 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. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

 

13.2. Account Termination. If you would at any time like to review or change the information in your account or terminate your account, you can log in to your account settings and update your user account. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud and troubleshooting problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

 

14.    INFORMATION SAFE KEEPING

 

14.1. We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any Personal Information we process. However, despite our safeguards and efforts to secure your Personal Information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized persons, countries, or entities will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your Personal Information, use of the Platform, Website, Products and Services and transmission of Personal Information to and from the Platform, Website, Products and Services are at your own risk. If this risk is unacceptable to you, do not use our Platform, Website, Products, or Services. You should only access the Services within a secure environment.

 

15.    NO SALE OF PERSONAL INFORMATION

 

15.1. We don’t sell Personal Information.

 

15.2. We have not sold any Personal Information to third parties for a business or commercial purpose in the preceding twelve (12) months.

 

16.    HOW TO EXERCISE YOUR RIGHTS

 

16.1. Requests. Any requests to exercise your rights can be directed to us through the contact details provided at the bottom of this document. 

 

16.2. Under certain US state data protection laws, you can designate an “authorized agent” to make a request on your behalf. We may deny a request from an “authorize agent” that does not submit proof that they have been validly authorized to act on your behalf in accordance with applicable laws.

 

16.3. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you claim to be or that you are the authorized representative of such a person. You must include sufficient details to allow us to understand the request and respond to it properly. If you are making a request pursuant to a specific county or U.S. state law, we request you provide a copy of the law you feel is applicable.

 

16.4. We cannot respond to your request or provide you with Personal Information unless we verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

 

16.5. Appeals. Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us the email shown at the bottom of the page. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.

 

17.    DATA ANALYTICS

 

Our Platform, Website, Products and Services may use third-party analytics tools that use cookies, web beacons, or similar information-gathering technologies to collect standard internet activity and usage information. The information gathered is used to compile statistical reports on User activity, such as how often users visit our Platform, Website, what pages they visit and for how long, etc. We use the information obtained from these analytics tools to monitor the performance and improve our Platform, Website, Products and Services.

 

18.    ADVERTISEMENTS

 

We may display online advertisements and share aggregated and nonidentifying information about our customers that our advertisers or we collect through your use of the Platform, Website, Products and Services. We do not share personally identifiable information about individual customers with advertisers. Sometimes, we may use this aggregated and non-identifying information to deliver tailored advertisements to the intended audience. We may also permit certain third-party companies to help us tailor advertising that we think may interest users and to collect and use other data about User activities on the Platform, Website, Products and Services. These companies may deliver ads that might place cookies and otherwise track User behavior.

 

19.     EMAIL

 

19.1. Transactional

 

•      User agrees to receive email messages from The Business related to the Platform, Website, Products and Services. The Business deems necessary or useful to providing the User the Platform, Website, Products and services to include, but not limited to, administrative info and data, reminders, responses to inquiries and other information.  

The only method for User to cancel the messages described in this paragraph is to terminate all accounts and use of the Platform, Website, Products, and Services.

 

19.2. Marketing

 

•      We offer information and electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in our Privacy Policy regarding the information use and processing of Personal Information or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations. In compliance with the CAN-SPAM Act, all e-mails sent by us will clearly state who the e-mail is from and provide clear information on contacting the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails described in paragraph 1.1..

 

20.    TEXTS, PHONE CALLS AND PUSH NOTIFICATIONS

 

20.1. Consent. User EXPRESSLY CONSENTS that the Personal Information User provides to The Business can be used by The Business to provide information to the User, including automated and prerecorded messages and data. User further EXPRESSLY AGREES the above consent applies to all existing and future lead generation, messaging, and privacy laws. This includes, but is not limited to, the Telephone Consumer Protection Act (TCPA) and GDPR, and similar laws. User is aware that User can withdraw consent and opt out of text, message service, phone and push notification messages at any time in the future.

 

20.2. Texts and Phone Calls. User EXPRESSLY AGREES to receive text messages, messages from other message services (to include but not limited to Facebook Messenger and WhatsApp) and phone calls from The Business regarding administrative info and data, reminders, marketing info, responses to inquiries and other information, including live, automated and prerecorded messages, even if the User is on Do Not Call registries.

 

20.3. Push Notifications. We offer push notifications to which you may also voluntarily subscribe anytime. To ensure push notifications reach the correct devices, we may use a third-party push notifications provider that relies on a token unique to your device, which is issued by the operating system of your device. While accessing a list of device tokens is possible, they will not reveal your identity, unique device ID, or contact information to our third-party push notifications provider or us. If, at any time, you wish to stop receiving push notifications, adjust your device settings accordingly.

 

21.    AFFILIATE LINKS

We may engage in affiliate marketing and have affiliate links on the Platform, Website, Products and Services to offer you related or additional products and services. If you click on an affiliate link, a cookie will be placed on your browser to track any sales for purposes of commissions.

 

22.    LINKS TO OTHER RESOURCES

The Platform, Website, Products and Services contains links to other resources not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of other resources or third parties. We encourage you to be aware when you leave the Platform, Website, Products and Services and to read the privacy statements of each and every resource that may collect Personal Information.

 

23.    INFORMATION SECURITY

 

23.1. We secure the information you provide on computer servers in a controlled, secure environment protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no Internet or wireless network data transmission can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that:

 

•      there are security and privacy limitations of the Internet which are beyond our control; 

 

•      the security, integrity, and privacy of any and all information and data exchanged between you and the Platform, Website, Products and

Services cannot be guaranteed; and 

 

•      any such information and data may be viewed or tampered with in transit by a third party, despite best efforts. As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.

 

 

24.    DATA BREACH

 

      In the event we become aware that the security of the Platform, Website, Products or Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe there is a reasonable risk of harm to the User due to the breach or if notice is otherwise required by law. When we do, we will send you an email.

 

 

 

U.S. RESIDENT PRIVACY POLICIES

 

THESE POLICIES ARE IN ADDITION TO, AND DO NOT REPLACE THE GENERAL WORLD-WIDE POLICIES DESCRIBED ABOVE. THEY TYPICALLY PROVIDE GREATER PROTECTION THAN THE GENERAL POLICIES. IF THERE IS CONFLICT BETWEEN THE GENERAL POLICIES AND THE U.S. RESIDENT POLICES, THE U.S. RESIDENCE POLICIES CONTROL FOR U.S. RESIDENTS.

  

25.            WHO THIS APPLIES TO: 

 

25.1.  Our Privacy Policy intends to comply with the following U.S. Federal Privacy Policy Laws:

•     Children's Online Privacy Protection Act (COPPA

•    Health Insurance Portability and Accountability Act (HIPAA)

•    Gramm-Leach-Bliley Act (GLBA)

•    Video Privacy Protection Act (VPPA)

•    CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act) (See our [[ User Contact Policy ]] for details).

•    Telephone Consumer Protection Act (TCPA (See our [[ User Contact Policy ]] for details).

•    Electronic Communications Privacy Act (ECPA)

•    FTC Act (Section 5)

•    Protecting Americans’ Data from Foreign Adversaries Act (PADFAA

 

25.2.        Consumers residing in certain U.S. States are afforded some additional rights with respect to their Personal Information under their State law. These include:

 

•       California

•       Colorado

•       Connecticut

•       Delaware

•       Indiana

•       Iowa

•       Kentucky

•       Maryland

•       Minnesota

•       Montana

•       Nebraska

•       New Hampshire

•       New Jersey

•       Oregon

•       Rhode Island

•       Tennessee

•       Texas

•       Utah

•       Virginia

 

Other states have pending legislation:

 

•       Georgia

•       Hawaii

•       Illinois 

•       Mississippi 

•       New York Data Protection 

•       Ohio 

•       Oklahoma 

•       Pennsylvania 

•       South Carolina 

•       Washington 

•       Virginia 

 

Eventually virtually every state in the U.S. will soon likely have its own rules. 

 

IT IS OUR INTENT TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE PRIVACY LAWS. HOWEVER, THE RULES FROM ALL THESE LAWS CONSIST OF THOUSANDS OF PAGES OF LAWS, REGULATIONS, AND POLICIES. PROVIDING A DETAILED ANALYSIS OF EACH STATES RULES AND CONSTANT CHANGES AND UPDATES TO THESE RULES IS NOT FEASIBLE FOR OUR SMALL BUSINESS AND WOULD CREATE A PRIVACY POLICY HUNDREDS OF PAGES LONG WHICH IS IMPRACTICAL FOR THE CONSUMER TO READ AND UNDERSTAND. THEREFORE, WE ARE PROVIDING A SUMMARY OF THE MAJOR PRIVACY ENHANCEMENTS FOUND IN THESE LAWS AS A “COMMON SENSE PRIVACY POLICY™” FOR U.S. ACTIVITIES. WE APPLY THESE RULES TO ALL U.S. RESIDENTS, EVEN IF THEIR STATE HAS NOT ENACTED DATA PRIVACY LEGISLATION. IF YOU ARE A RESIDENT OF THE U.S. OR A STATE WITH DATA PRIVACY PROTECTION THAT YOU BELIEVE WE ARE NOT COMPLYING WITH, PLEASE CONTACT US AND PROVIDE SPECIFIC INFORMATION ABOUT WHAT YOU BELIEVE THE NON-COMPLIANCE IS UNDER YOUR STATE LAW. IF POSSIBLE PROVIDE COPIES OF APPLICABLE LAWS. WE WILL ADDRESS YOUR CONCERNS AND MODIFY OUR POLICY AND ACTIVITIES IF WE AGREE WE ARE NOT IN COMPLIANCE WITH YOUR STATE’S LAWS.

 

25.    SOURCES OF THE PERSONAL INFORMATION WE COLLECT

 

25.1. We collect Personal Information, either directly or indirectly, from you the following sources when you use the Platform, Website, Products and Services.

 

•      Direct Collection: For example, you directly provide your Personal Information when you submit requests via any forms on this website. 

 

•      Indirect Collection: You also provide Personal Information indirectly when you navigate this website, as Personal Information about you is automatically observed and collected.

 

•      Third Parties: Finally, we may collect your Personal Information from third parties that work with us in connection with the service or with the functioning of this Application and features thereof.

 

26.        CATEGORIES OF PERSONAL INFORMATION WE MAY COLLECT. 

 

26.1. We may have collected the following categories of Personal Information in the past twelve (12) months:

 

•      Category A - Identifiers. Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name.

 

•      Category B - Personal information. Name, contact information, education, employment, employment history, and financial information.

 

•      Category C - Protected classification characteristics. Gender and date of birth.

 

•      Category D - Commercial information. Transaction information, purchase history, financial details, and payment information.

 

•      Category E - Biometric information. Fingerprints and voiceprints.

 

•      Category F - Internet or other similar network activity .Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements.

 

•      Category G - Geolocation data. Device location.

 

•      Category H - Audio, electronic, visual, thermal, olfactory, or similar information. Images, audio, videos, or call recordings created in connection with our business activities.

 

•      Category I - Professional or employment-related information. Business contact details in order to provide you our services at a business level or job title, work history, and professional qualifications if you apply for a job with us.

•      Category J - Education Information. Student records and directory information.

•      Category K - Inferences Drawn. Inferences drawn from any of the collected Personal Information.

 

•      Category L - Sensitive personal information. Account login information, drivers’ licenses, health data, precise geolocation, racial or ethnic origin, religious or philosophical beliefs, and sex life or sexual orientation.

 

♦     We only collect sensitive Personal Information, as defined by applicable privacy laws or the purposes allowed by law or with your consent. Sensitive Personal Information may be used, or disclosed to a service provider or contractor, for additional, specified purposes. You may have the right to limit the use or disclosure of your sensitive Personal Information.

 

♦     We may also collect other Personal Information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

o   Receiving help through our customer support channels;

o   Placing Personal Information on the Platform, Website, Products and Services by posting, commenting, chatting, or uploading images videos, documents, o Participation in customer surveys or contests; and

o   Facilitation in the delivery of our Products and Services and to respond to your inquiries.

 

27.    PURPOSES FOR WHICH WE USE YOUR PERSONAL INFORMATION

 

27.1. Business Purposes

We may use your Personal Information to allow the operational functioning of this website and features thereof. In such cases, your Personal Information will be processed in a fashion necessary and proportionate to the business purpose for which it was collected, and strictly within the limits of compatible operational purposes.

 

27.2. Commercial Purposes

We may also use your Personal Information for other reasons such as for commercial purposes, as well as for compliance with the law and defending our rights before the competent authorities where our rights and interests are threatened, or we suffer actual damage.

 

27.3. No unexpected or incompatible purposes

We won’t process your information for unexpected purposes, or for purposes incompatible with the purposes originally disclosed, without your consent.

 

28.    HOW WE USE THE INFORMATION WE COLLECT

 

28.1. Sharing. For our purposes, the word “sharing” means any “sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's Personal Information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.”

 

28.2. Disclosure by Sharing. We may share your Personal Information with:

 

•      A service provider or a contractor, and

•      Third Parties listed herein in paragraph 9 of this Policy.

We DO NOT intentionally disclose Personal Information by sharing with other third parties. For our purposes, the phrase “other third parties” means a person who is not any of the above.

 

28.3.    Sale. For our purposes, the word “sale” means any “selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer's Personal Information by the business to a third party, for monetary or other valuable consideration.”

 

28.4.    Disclosure by Sale. We DO NOT provide Personal Information by sale as described in paragraph 15 above.

 

28.5.    Please note that the exchange of Personal Information with a service provider or contractor pursuant to a written contract does not constitute a sale or sharing of your Personal Information.

 

29.    DISCLOSURE OF PERSONAL INFORMATION

 

29.1. We typically use the following data in operation of the Platform, Website, Products and Services. Therefore, we believe we have disclosed the following categories of Personal Information to third parties for a business or commercial purpose in the preceding twelve (12) months:

 

•      Category A. Identifiers

•      Category B: Personal information

•      Category C. Characteristics of protected classifications under state or federal law

•      Category D. Commercial information

•      Category F. Internet or other electronic network activity information

•      Category H: Audio, electronic, visual, thermal, olfactory, or similar information

•      Category K: Inferences Drawn

•      Category L. Sensitive Personal Information

 

29.2. We MIGHT use the following data in operation of the Platform, Website, Products and Services. Therefore, we believe we might have disclosed the following categories of Personal Information to third parties for a business or commercial purpose in the preceding twelve (12) months:

 

•      Category G. Geolocation data

•      Category I. Professional or employment-related information

•      Category J: Education Information

 

29.3. We typically DO NOT use the following data in operation of the Platform, Website, Products and Services. Therefore, we believe we have NOT disclosed the following categories of Personal Information to third parties for a business or commercial purpose in the preceding twelve (12) months:

 

•      Category E: Biometric information

 

29.4. You can contact us to find out what Personal Information of yours, if any, that we have disclosed in the last 12 months.

 

30.    YOUR ADDITIONAL RIGHTS UNDER STATE PRIVACY LAWS

 

30.1. In general, you have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:

•      Right to know whether or not we are processing your Personal Information.

•      Right to access your Personal Information.

•      Right to correct inaccuracies in your Personal Information.

•      Right to request the deletion of your Personal Information.

•      Right to obtain a copy of the Personal Information you previously shared with us. Once a calendar year, you may request and obtain from us information free of charge about:

♦     the categories and specific pieces of Personal Information (if any) we have collected and disclosed to third parties, and

♦     the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year.
This complies with the California “"Shine The Light" law if you are a California resident.

•      Right to non-discrimination for exercising your rights.

•      Right to opt out of the processing of your Personal Information if:

♦     it is used for targeted advertising (or sharing as defined under California’s privacy law), 

♦     it is for the sale of Personal Information, which may include selling, disclosing, or transferring Personal Information to another business or a third party for monetary or other valuable consideration or 

♦     profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling").

•      Right to know what personal information is sold or shared and to whom. In particular, you have the right to request two separate lists from us where we disclose:

♦     the categories of Personal Information that we sold or shared about you and the categories of third parties to whom the Personal Information was sold or shared over the past 12 months;

♦     the categories of Personal Information that we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose over the past 12 months.

 

 

31.    HOW AND WHEN WE WILL HANDLE YOUR REQUESTS

 

31.1. We will confirm receipt of your verifiable request within 10 days and provide information about how we will process your request.

 

31.2. We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfill your request.

 

31.3. Our disclosure(s) will cover the preceding 12-month period. Only with regard to Personal Information collected on or after January 1, 2022, you have the right to request that we disclose information beyond the 12-month period, and we will provide it to you unless doing so proves impossible or would involve a disproportionate effort.

 

31.4. Should we deny your request, we will explain to you the reasons behind our denial.

 

31.5. We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind it.

 

 

32.    SPECIFIC OTHER STATE RIGHTS

 

32.1. Depending upon the state where you live, you may also have the following rights:

•      Right to access the categories of personal data being processed (as permitted by applicable law, including Minnesota’s privacy law);

•      Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including California's and Delaware's privacy law);

•      Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including Minnesota's and Oregon's privacy law);

•      Right to review, understand, question, and correct how personal data has been profiled (as permitted by applicable law, including Minnesota’s privacy law);

•      Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California’s privacy law); and

•      Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida’s privacy law).

 

THESE ARE NOT ALL THE STATE SPECIFIC FEATURES. WE BELIEVE WE HAVE CRAFTED A FAIR AND COMMON-SENSE PRIVACY POLICY. IF YOU BELIEVE WE ARE NOT COMPLYING WITH A LAW IN YOUR STATE, PLEASE CONTACT US AND PROVIDE SPECIFIC INFORMATION ABOUT WHAT YOU BELIEVE THE NON-COMPLIANCE IS UNDER YOUR STATE LAW. PLEASE PROVIDE COPIES OF THE APPLICABLE LAW IF POSSIBLE. WE WILL ADDRESS YOUR CONCERNS AND MODIFY OUR POLICY AND ACTIVITIES IF WE AGREE WE ARE NOT IN COMPLIANCE WITH YOUR STATE’S LAWS.

 

 

33.    STATE LAW DATA RETENTION

 

33.1. We will use and retain the collected Personal Information as long as needed to provide and operate the Platform, Website and provide our Products and Services, or for (category definitions are found in paragraph 26):

 

•      Category A - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

•      Category B - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

•      Category C - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

•      Category D - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

•      Category E - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

•      Category F - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

•      Category G - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

•      Category H - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

•      Category I - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

•      Category J - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

•      Category K - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

•      Category L - As long as the user has an account for access to the Platform, Website or is using a Product or Service, whichever is longest; plus, up to 120 months or until no longer needed by The Business in its sole and absolute discretion.

 

34.     HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) COMPLIANCE

 

34.1. If our activities make us subject to Health Insurance Portability and Accountability Act (HIPAA) the following provisions apply.

 

"THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY."

 

34.2. Our Commitment to Your Privacy

The Business is committed to protecting your health information. The Business is required by law to maintain the privacy of your Protected Health Information (PHI) and to provide you with this Notice of our legal duties and privacy practices with respect to your PHI. The Business is also required to abide by the terms of the Notice currently in effect.

 

34.3. How The Business May Use and Disclose Your Protected Health Information (PHI)

 

•      For Treatment: The Business may use your PHI to provide you with medical treatment or services. The Business may disclose your PHI to doctors, nurses, technicians, or other personnel who are involved in your care.

•      For Payment: The Business may use and disclose your PHI to bill and collect payment from you, an insurance company, or a third party. For example, we may need to give your health plan information about a service you received so your health plan will pay us or reimburse you for the service.

•      For Health Care Operations: The Business may use and disclose your PHI for our healthcare operations. These uses and disclosures are necessary to run our facility and make sure that all of our patients receive quality care. For example, we may use your PHI to review our treatment and services and to evaluate the performance of our staff.

 

34.4. Other Permitted and Required Uses and Disclosures Without Your Authorization

 •      As Required by Law: For instance, in response to a court order or subpoena.

•      For Public Health Activities: Such as reporting communicable diseases or for product recalls.

•      About Victims of Abuse, Neglect, or Domestic Violence: As required or authorized by law.

•      For Health Oversight Activities: To agencies for audits, investigations, and licensure.

•      For Law Enforcement Purposes: In response to a warrant or for identifying a suspect.

•      For Research Purposes: Under certain circumstances and with institutional review board approval.

 

34.5. Your Rights Regarding Your Protected Health Information

 •      Right to Inspect and Copy: The right to inspect and obtain a copy of their PHI.

•      Right to Amend: The right to request an amendment to their PHI if they believe it is incorrect or incomplete.

•      Right to an Accounting of Disclosures: The right to request a list of certain disclosures of their PHI.

•      Right to Request Restrictions: The right to request a restriction on the use or disclosure of their PHI for treatment, payment, or healthcare operations.

•      Right to Request Confidential Communications: The right to request that communications be sent to an alternative location or by alternative means.

•      Right to a Paper Copy of This Notice: The right to receive a paper copy of the NPP upon request.

 

34.6.    Changes to This Notice

The Business reserve the right to change this notice. The Business reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. The Business will post a copy of the current notice on our website.

 

 

34.7.    Complaints

You have a right to file a complaint with The Business and with the Secretary of the Department of Health and Human Services if you believe your privacy rights have been violated. You will not be retaliated against for filing a complaint. 

Contact information for The Business is at the bottom of this Policy and the contact information for the Department of Health and Human Services is:

Centralized Case Management Operations
U.S. Department of Health and Human Services
200 Independence Avenue, S.W. Room 509F HHH Bldg.
Washington, D.C. 20201

Email: OCRComplaint@hhs.gov. 

 

35.    GRAMM-LEACH-BLILEY ACT (GLBA) COMPLIANCE

 

35.1. If our activities make us subject to Gramm-Leach-Bliley Act (GLBA) the following provisions apply.

 

The Financial Privacy Rule 

 

35.2. Our Commitment to Your Privacy

Your privacy is important to us. This Privacy Notice explains how The Business collects, uses, and protects your Nonpublic Personal Information ('NPI') and describes your rights to limit how we share this information. This notice is provided in compliance with the U.S. federal Gramm-LeachBliley Act (GLBA) and other applicable privacy laws.

 

35.3. The Information The Business Collect About You (Categories of NPI)

 

      The Business collects NPI about you from various sources to provide and manage your financial products and services. The categories of NPI we may collect include:

 

♦ Information from you: Information you provide to us on applications, forms, and through other communications, such as your name, address, Social Security number, date of birth, assets, income, and investment experience.

♦ Information about your transactions: Information about your transactions with us, our affiliates, or others, including your account balance, payment history, parties to transactions, and credit card usage.

♦ Information from other sources: Information we receive from third parties, such as consumer reporting agencies (credit bureaus), to verify your identity or determine your eligibility for our products, including your credit history and creditworthiness.

♦ Information from our website and digital services: Information we collect when you visit our website, such as your IP address, browser type, and data gathered from 'cookies' or similar technologies.

 

35.4. How The Business Share Your Information

 

      The Business may disclose your NPI for various business purposes as described below.

♦ Sharing for our everyday business purposes

The Business share your NPI as necessary to process your transactions, maintain your account(s), respond to court orders and legal investigations, report to credit bureaus, or as otherwise permitted or required by law. Federal law gives you the right to limit only certain types of sharing. You cannot limit the sharing of information for our everyday business purposes.

 

♦ Sharing with our corporate affiliates

The Business may share information about your transactions and experiences with us (such as your account balance and payment history) with our affiliated companies for their everyday business purposes. You cannot limit this sharing.

The Business may also share other information about you with our affiliates, such as information from your credit report, for them to market their products and services to you. You can limit this sharing by following the instructions in the 'How to Exercise Your Opt-Out Right' section below. 

 

♦ Sharing with nonaffiliated third parties

The Business may share your NPI with nonaffiliated third parties for them to market their products and services to you, such as [Example: direct marketing firms, retailers, or non-profit organizations]. You can limit this sharing by following the instructions in the 'How to Exercise Your Opt-Out Right' section below

 

♦ Sharing for joint marketing with other financial companies

The Business may share your NPI with nonaffiliated financial companies with whom we have a formal agreement to jointly market financial products or services to you. These partners are contractually required to maintain the confidentiality and security of your information. [Option 1, if no opt-out is offered for this category:] Because our joint marketing partners are contractually obligated to protect your information, you cannot limit this sharing. 22[Option 2, if an opt-out is offered:] You can limit this sharing by following the instructions in the 'How to Exercise Your Opt-Out Right' section below.

 

35.5. Your Right to Limit Sharing (The Opt-Out Provision)

 

•      You have the right to opt out of, or direct us not to, share your NPI with certain third parties. Specifically, you have the right to prevent us from sharing your NPI with:

♦ Our affiliates for their marketing purposes.

♦ Nonaffiliated third parties for their own marketing purposes.

 

If you choose to opt out, your direction will remain in effect until you revoke it in writing. If you have previously submitted an opt-out request to us, you do not need to do so again; we will continue to honor your choice.

 

35.6. How to Exercise Your Opt-Out Right

 

•      To exercise your right to opt out of the information sharing described above, you may use the contact details provided at the bottom of this policy.

 

 

The Safeguards Rule

 

35.7. Protecting the Confidentiality and Security of Your Information

 

The Business is committed to protecting the security and confidentiality of your NPI. The Business maintain a comprehensive, written Information Security Program that contains administrative, technical, and physical safeguards designed to protect your NPI against unauthorized access, use, or disclosure. The Business restricts access to your NPI to those employees and authorized service providers who have a specific business purpose to know such information. Our safeguards include measures such as data encryption for sensitive information transmitted electronically and stored on our systems, multi-factor authentication for access to our information systems, and other security controls designed to protect our technology infrastructure. The Business provides regular training to our employees on their security responsibilities and require our third-party service providers by contract to implement and maintain appropriate security measures to protect your information."

 

35.8. FTC Breach Notification Rule

 

In the event of a data security incident involving your information, The Business will take prompt action to investigate and mitigate the impact. The Business will provide any required notifications to affected individuals and regulatory authorities in accordance with our internal Incident Response Plan and applicable law.

 

Commitment to Preventing Fraud – Pretexting Rule 

 

The Business is committed to protecting your information from fraud and identity theft. The Business has implemented procedures designed to detect and prevent 'pretexting'—the act of obtaining your personal financial information under false pretenses. The Business will never contact you by email or telephone to ask for sensitive information such as your full account number, password, or Social Security number. The Business trains our employees to recognize and respond to fraudulent attempts to obtain your information and to verify the identity of individuals before disclosing any NPI.

 

 

SELECT FOREIGN COUNTRY PRIVACY POLICIES

 

THESE POLICIES ARE IN ADDITION TO, AND DO NOT REPLACE THE  GENERAL WORLD-WIDE POLICIES DESCRIBED ABOVE. THEY TYPICALLY  PROVIDE GREATER PROTECTION THAN THE GENERAL POLICIES. IF HERE IS CONFLICT BETWEEN THE GENERAL POLICIES AND THESE FOREIGN COUNTRY POLICES, THE FOREIGN POLICIES CONTROL FOR NON-U.S. RESIDENTS. 

 

36.    DATA PROTECTION RIGHTS UNDER GDPR AND SIMILAR LAWS

 

36.1. If you are a resident of the European Economic Area (“EEA”) or the United Kingdom (UK), Switzerland or Canda you have certain additional data protection rights. In general, these are:

 

•      to request access and obtain a copy of your Personal Information, 

•      to request rectification or erasure; 

•      to restrict the processing of your Personal Information; 

•      if applicable, object to data portability; 

•      not to be subject to automated decision-making; and

•      to lodge complaints.

 

36.2. We will also strive to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. 

 

36.3. If you wish to be informed what Personal Information we hold about you or if you want it removed from our systems, please contact us. We will consider and act upon any request in accordance with applicable data protection laws.

 

37.    DATA COLLECTION POLICIES

 

37.1. We act as a data controller and a data processor in terms of the GDPR in the EU and UK, in Canada and in Switzerland when handling Personal Information unless we have entered into a data processing agreement with you, in which case you would be the data controller, and we would be the data processor. 

 

37.2. Our role may also differ depending on the specific situation involving Personal Information. 

 

•      We act as a data controller when you submit your Personal Information that is necessary to ensure your access and use of the our Platform, Website, Products and Services. In such instances, we are data controllers because we determine the purposes and means of processing Personal Information, and we comply with data controllers’ obligations set forth in applicable law. 

•      We may also act in the capacity of a data processor in situations for Personal Information submitted through our Platform, Website, Products and Services or through the Platform, Websites of others implementing our Products and Services. We do not own, control, or make decisions about the submitted Personal Information, which is provided by you through other person’s Platform, Website(s) to use our Products and Services. In such instances, the website providing the Personal Information acts as a data controller regarding the GDPR. 

 

37.3. The EU General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid Legal Basis we rely on in order to Process your Personal Information, which include:

 

       Consent. We may process your Personal Information when you have given us permission (i.e., consent) to use your Personal Information for a specific purpose. You can withdraw your consent at any time. 

 

Performance of a Contract. We may process your Personal Information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.

 

       Legitimate Interests. We may process your Personal Information when we believe it is reasonably necessary to achieve our legitimate business interests, and those interests do not outweigh your interests and fundamental rights and freedoms. Some examples include, but are not limited to:

 

♦ Send users information about special offers and discounts on our products and services,

♦ Develop and display personalized and relevant advertising content for our users,

♦ Analyze how our Services are used so we can improve them to engage and retain users,

♦ Support our marketing activities,

♦ Diagnose problems and/or prevent fraudulent activities, and

♦ Understand how our users use our products and services so we can improve user experience.

 

       Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.

 

      Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

 

37.4. We may also combine or aggregate some of your Personal Information to better serve you and to improve and update our Platform, Website, Products and Services. To do so, we rely on the following Legal Basis as defined in the GDPR:

•      User’s consent, and

•      Personal Information is already publicly available

 

37.5. Note that under some legislation, we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases above.

 

38.    MAJOR GDPR RIGHTS

 

38.1. Under the GDPR (EU and UK), in certain circumstances, you have specific rights. These include:

 

•      Withdraw your consent at any time. To the extent that the legal basis for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect the lawfulness of processing before the withdrawal, nor, when applicable law allows, will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

•      Access your data. You have the right to learn if we are processing your Personal Information, obtain disclosure regarding certain aspects of the processing, and obtain a copy of your Personal Information undergoing processing. Article 15 of the GDPR. 

•      Verify and seek rectification. You have the right to verify the accuracy of your information and ask for it to be updated or corrected. You also have the right to request us to complete the Personal Information you believe is incomplete. Article 16 of the GDPR. 

•     Object to processing your data. You have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent. Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. 

♦ You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification.  Article 21 of the GDPR.

 

•     Restrict the processing of your data. You have the right, under certain circumstances, to restrict the processing of your Personal Information. These circumstances include the following: 

♦ the accuracy of your Personal Information is contested by you, and we must verify its accuracy; 

♦ the processing is unlawful, but you oppose the erasure of your Personal Information and request the restriction of its use instead; 

♦ we no longer need your Personal Information for the purposes of the processing, but you require it to establish, exercise or defend your legal claims; 

♦ you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds. 

 

Where processing has been restricted, such Personal Information will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, to exercise or defense of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest.  Article 18 of the GDPR.

•     Have your personal data deleted or otherwise removed. You have the right, under certain circumstances, to obtain the erasure of your Personal Information from us. These circumstances include: 

♦ the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; 

♦ you withdraw consent to consent-based processing; 

♦ you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes, and the personal data has been unlawfully processed. 

However, there are exclusions of the right to erasure, such as where processing is necessary: 

♦ for exercising the right of freedom of expression and information; 

♦ for compliance with a legal obligation; or 

♦ for the establishment, exercise, or defense of legal claims.  Article 17 of the GDPR.

 

•      Receive your data and have it transferred to another controller. You have the right to receive your Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance from us, provided that such transmission does not adversely affect the rights and freedoms of others.  Article 20 of the GDPR

•      Learn about the reason for data transfers. You are also entitled to learn about the legal basis for data transfers abroad, including to any international organization governed by public international law or set up by two or more countries, such as the UN. 

•      Know about security measures: You have the right to know about the security measures we take to safeguard your data. 

•      Lodge a complaint. You have the right to complain to a data protection authority about our collection and use of your Personal Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. For more information, please get in touch with your local data protection authority in the EEA. This provision is applicable provided that your Personal Information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.

If you are located in the EEA or UK and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your Member State data protection authority or UK data protection authority.  Article 77 of the GDPR.

 

38.2.    Your Rights in Canada.

We may process your information if you have given us specific permission (i.e., express consent) to use your Personal Information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

 

38.3.    Swiss Rights

You may exercise certain rights regarding your data within the limits of law, including the following:

•      right of access to personal data;

•      right to object to the processing of your personal data (which also allows you to demand that processing of personal data be restricted, personal data be deleted or destroyed, specific disclosures of personal data to third parties be prohibited);

•      right to receive your personal data and have it transferred to another controller (data portability);

•      right to ask for incorrect personal data to be corrected.

 

Lodge a Complaint. If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.

 

 

 

38.4. Australia and New Zealand Rights

 

•      We collect and process your Personal Information under the obligations and conditions set by Australia's Privacy Act 1988 and New Zealand's Privacy Act 2020 (Privacy Act).

•      This Privacy Notice satisfies the notice requirements defined in both Privacy Acts, in particular: what Personal Information we collect from you, from which sources, for which purposes, and other recipients of your Personal Information.

•      If you do not wish to provide the Personal Information necessary to fulfill their applicable purpose, it may affect our ability to allow access to the Platform, Website, create an account, and provide Products or Services, in particular:

♦ offer you the products or services that you want

♦ respond to or help with your requests

♦ manage your account with us

♦ confirm your identity and protect your account

 

•      At any time, you have the right to request access to or correct your Personal Information. You can make such a request by contacting us by using the contact details provided at the bottom of this page.

•      Lodge a Complaint. If you believe we are unlawfully processing your Personal Information, you have the right to submit a complaint about a breach of the Australian Privacy Principles to the Office of the Australian Information Commissioner and a breach of New Zealand's Privacy Principles to the Office of New Zealand Privacy Commissioner.

 

38.5. Republic of South Africa

 

•      At any time, you have the right to request access to or correct your Personal Information. You can make such a request by contacting us by using the contact details provided at the bottom of the page.

•      Lodge a Complaint. If you are unsatisfied with the manner in which we address any complaint with regard to our processing of Personal Information, you can contact the Office of the Regulator, the details of which are:

o The Information Regulator (South Africa) o General enquiries: enquiries@inforegulator.org.za o Complaints (complete POPIA/PAIA form 5):

PAIAComplaints@inforegulator.org.za &  o POPIAComplaints@inforegulator.org.za

 

38.6. Rights in Brazil

 

This section applies to all Users in Brazil according to the "Lei Geral de Proteção de Dados" (the "LGPD"). It supersedes any other possibly divergent or conflicting information contained in this Policy.  

 

Legal Basis for Processing your Personal Information.

 

•      We can process your Personal Information solely if we have a legal basis for such processing. Legal Basis are as follows:

♦ your consent to the relevant processing activities;

♦ compliance with a legal or regulatory obligation that lies with us;

♦ the carrying out of public policies provided in laws or regulations or based on contracts, agreements and similar legal instruments;

♦ studies conducted by research entities, preferably carried out on anonymized Personal Information;

♦ the carrying out of a contract and its preliminary procedures, in cases where you are a party to said contract;

♦ the exercising of our rights in judicial, administrative or arbitration procedures;

♦ protection or physical safety of yourself or a third party;

♦ the protection of health – in procedures carried out by health entities or professionals;

♦ our legitimate interests, provided that your fundamental rights and liberties do not prevail over such interests; and

♦ credit protection.

 

Categories of Personal Information Processed Same as General World-Wide categories.

 

Brazilian Privacy Rights

 

You have the right to:

 

♦ obtain confirmation of the existence of processing activities on your Personal Information;

♦ access to your Personal Information;

♦ have incomplete, inaccurate or outdated Personal Information rectified;

♦ obtain the anonymization, blocking or elimination of your unnecessary or excessive Personal Information, or of information that is not being processed in compliance with the LGPD;

♦ obtain information on the possibility of providing or denying your consent and the consequences thereof;

♦ obtain information about the third parties with whom we share your Personal Information;

♦ obtain, upon your express request, the portability of your Personal Information (except for anonymized information) to another service or product provider, provided that our commercial and industrial secrets are safeguarded;

♦ obtain the deletion of your Personal Information being processed if the processing was based upon your consent, unless one or more exceptions provided for in Art. 16 of the LGPD applies;

♦ revoke your consent at any time;

♦ lodge a complaint related to your Personal Information with the ANPD (the National data Protection Authority) or with consumer protection bodies;

♦ oppose a processing activity in cases where the processing is not carried out in compliance with the provisions of the law;

♦ request clear and adequate information regarding the criteria and procedures used for an automated decision; and

♦ request the review of decisions made solely on the basis of the automated processing of your Personal Information, which affects your interests. These include decisions to define your personal, professional, consumer and credit profile, or aspects of your personality.

♦ You will never be discriminated against, or otherwise suffer any sort of detriment, if you exercise your rights.

 

38.7. Transfer of Personal Information Outside of Brazil is Strictly Regulated

 

• We are only allowed to transfer your Personal Information outside of the Brazilian territory in the following cases:

 

♦ when the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, according to the legal means provided by international law;

♦ when the transfer is necessary to protect your life or physical security or those of a third party;

♦ when the transfer is authorized by the ANPD.;

♦ when the transfer results from a commitment undertaken in an international cooperation agreement;

♦ when the transfer is necessary for the execution of a public policy or legal attribution of public service;

♦ when the transfer is necessary for compliance with a legal or regulatory obligation, the carrying out of a contract or preliminary procedures related to a contract, or the regular exercise of rights in judicial, administrative or arbitration procedures.

 

•      How to Exercise Your Privacy Rights

You can file your express request to exercise your rights free of any charge, at any time, by using the contact details provided at the start of this document, or via your legal representative.

 

•      How and When We Will Respond

 

♦ Prompt responses. We will strive to promptly respond to your requests. In any case, should it be impossible for us to do so, we’ll make sure to communicate to you the factual or legal reasons that prevent us from immediately, or otherwise ever, complying with your requests. In cases where we are not processing your Personal Information, we will indicate to you the physical or legal person to whom you should address your requests, if we are in the position to do so.

 

♦ Access or processing confirmation requests. If you file an access or Personal Information processing confirmation request, please make sure that you specify whether you’d like your Personal Information to be delivered in electronic or printed form. You will also need to let us know whether you want us to answer your request immediately, in which case we will answer in a simplified fashion, or if you need a complete disclosure instead. In the latter case, we’ll respond within 15 days of your request, providing you with all the information on the origin of your Personal Information, confirmation on whether records exist, and any criteria used for the processing and the purposes of the processing, while safeguarding our commercial and industrial secrets.

 

♦ Rectification, deletion, anonymization or personal information blocking requests. If you file a rectification, deletion, anonymization or Personal Information blocking request, we will make sure to immediately communicate your request to other parties with whom we have shared your Personal Information in order to enable such third parties to also comply with your request — except in cases where such communication is proven impossible or involves disproportionate effort on our side.

 

39.    CHANGES AND AMENDMENTS 

 

We reserve the right to modify this Policy, or its terms related to the Platform, Website, Products and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Policy will be effective immediately upon posting the revised Policy unless otherwise specified. Your continued use of the Platform, Website, Products and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

  

40.     ACCEPTANCE OF THIS POLICY

 

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Platform, Website and submitting your information, you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Platform, Website, Products and Services.

 

41.    CONTACTING US

 

If you have any questions, concerns, or complaints regarding this Policy or the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us using the details at the bottom of the page. We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by applicable data protection laws.


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