Who we are
Our privacy notice tells you what personal data (PD) and non-personal data (NPD) we may collect from you, how we collect it, how we protect it, how we may share it, how you can access and change it, and how you can limit our sharing of it. Our privacy notice also explains certain legal rights that you have with respect to your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.
Your Rights & Your Comments
When using our website and submitting personal data to us, you may have certain rights under the General Data Protection Regulation (GDPR) and other laws. Depending on the legal basis for processing your personal data, you may have some or all of the following rights.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
Your Right To Be Informed
You have the right to be informed about the personal data we collect from you, and how we process it. You have the right to get confirmation that your personal data is being processed and have the ability to access your personal data.
You have the right to have your personal data corrected if it is inaccurate or incomplete.
The right to erasure (right to be forgotten)
You have the right to request the removal or deletion of your personal data if there is no compelling reason for us to continue processing it. You have a right to ‘block’ or restrict the processing of your personal data. When your personal data is restricted, we are permitted to store your data, but not to process it further.
You Have The Right To Block Data Processing
- Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
- Direct marketing (including profiling); and
- Processing for purposes of scientific/historical research and statistics.
- Rights in relation to automated decision-making and profiling.
You will have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
Filing a complaint with authorities
You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.
‘Non-personal data’ (NPD) is information that is in no way personally identifiable.
‘Personal data’ (PD) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data.
A “visitor” is someone who merely browses our website. A “member” is someone who has registered with us to use or buy our services and products. The term “user” is a collective identifier that refers to either a visitor or a member.
Topics Covered in Our Privacy notice
- Information We Collect
- How Your Information Is Used
- Retaining and Destroying Your PD
- Updating Your PD
- Revoking Your Consent for Using Your PD
Protecting the Privacy Rights of Third Parties
- Do Not Track Settings
- Links to Other Websites
- Protecting Children’s Privacy
- Our Email Policy
- Our Security Policy
- Use of Your Credit Card
- Transferring PD from the European Union
Changes to Our Privacy Notice
Information We Collect
Generally, you control the amount and type of information that you provide to us when using our website.
Choosing a Legal Basis for Collecting and Processing (PD)
If visitors from the European Union can interact with your website or mobile app or buy products or services by using them, you are required to state the legal basis for collecting and processing their PD in your website or mobile app privacy notice. You need to choose which of the following legal basis for collecting and processing PD applies to you. It is highly likely you will be choosing option 1, 2, or 3. If you think options 4, 5, or 6 apply to your website or business, or you are unsure on how to proceed with choosing a legal basis, you should consider our Privacy Notice Customization and Consulting Service.
You can choose more than one legal basis for collecting and processing users’ information if it makes sense for your website or business. However, you can only choose one legal basis for each type of information collected and processed. As an example, you could choose “option #2” for processing and using customers’ information when they place an order for goods and services. But you could not choose another option in addition to “option #2” as an example choosing both “option #2” and “option #3” would not comply with the GDPR because you would be using two different legal basis for the same type of processing activity.
If you have landing pages or other pages where you are trying to get visitors to sign up for a free download, newsletter, or something else, you could use “option #1” as a legal basis for processing visitor information you obtained from the online signup form. When using an online form to collect visitor’s information, you are required to disclose how you will use their information at the time they signup if you will be using it for more than one purpose.
We have a free sample consent form when users sign up for your newsletter or other content that you can get from us just by emailing me at [email protected]
Here is a common provision when a website collects both user information through an opt-in form and sells products and services:
Our Legal Basis for Collecting and Processing Personal Data
Our legal basis for collecting and processing your PD when you buy our products or services is based on and the necessity for the performance of a contract or to take steps to enter into a contract. Our legal basis for collecting and processing your PD when you sign up for our newsletter and information about our products and services through our website opt-in forms is based on consent.
The above sample provision is using both consent and teh necessity for the perfromance of a contract or to take steps to enter into a contract as a legal basis. However, they are used for very different purposes.
Delete all instructions in red and all other options after you decide which option is best for you.
OPTION 1: Our legal basis for collecting and processing your PD is based on consent.
If you decide to use consent as the legal basis for your using and processing users’ information, you should double-check to guarantee the validity of your consent process. The U.K.’s Information Commissioner’s Office says that new GDPR consent is unnecessary so long as the “old” consent complies with the GDPR requirements. If you cannot prove that your old consent complies with the GDPR, then you may be required to get new consent.
The legal definition of consent
“Any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her” for the consent to be verifiable. Consent must be supported with records of the consent.
Other requirements if you use consent as your legal basis for collecting and processing PD
- Unbundled: Consent requests must be separate from other terms and Consent should not be a precondition of signing up to a service unless necessary for that service.
- Active opt-in: Pre-ticked opt-in boxes are invalid.
- Granular: Give granular options to consent separately to different types of processing wherever appropriate.
- Named: Name your organization and any third parties who will be relying on consent – even precisely defined categories of third-party organizations will not be acceptable under the GDPR.
- Documented: Keep records to demonstrate what the individual has consented to, including what they were told, and when and how they consented.
OPTION 2: Our legal basis for collecting and processing your PD is based on and the necessity for the performance of a contract or to take steps to enter into a contract.
This is a common legal basis for using and processing users’ PD when you need to collect information to process an order or service requested by a user. If this is more applicable to your website or mobile app operations, it is probably a better choice and easier to comply with than choosing consent as a legal basis.
OPTION 3: Our legal basis for collecting and processing your PD is for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
Legitimate interests are another basis for the legal processing of users’ information when it is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, (including commercial benefit) except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. You should consider the reasonable expectations of the data subject. The existence of a legitimate interest would need careful assessment including whether a data subject can reasonably expect at the time and in the context of the collection of the personal data that processing for that purpose may take place.
If you are going to use legitimate interest as your legal basis for processing personal data and direct marketing, you must identify, analyze and document the legitimate interest by doing a Legitimate Interest Assessment (LIA) to help you demonstrate compliance if required. You are also required to include the details of your legitimate interests in your website or mobile app privacy notice.
OPTION 4: Our legal basis for collecting and processing your PD is necessary to protect the vital interests of a data subject or another person.
Processing of a user’s information is allowed if it is necessary in order to protect the vital interests or physical integrity of a data subject. This generally covers public authorities such as educational institutions, hospitals, government institutions and the police.
OPTION 5: Our legal basis for collecting and processing your PD is for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Processing of a user’s information is allowed if it is essential for the performance of a task carried out in the public interest or in the exercise of official authority entrusted in the data controller.
OPTION 6: Our legal basis for collecting and processing your PD is necessary for compliance with a legal requirement.
Processing is permitted if it is necessary for compliance with a legal obligation. Processing is permitted if it is necessary for compliance with a legal obligation under EU law or the laws of a Member State.
What Happens If You Don’t Give Us Your PD
If you do not provide us with enough PD, we may not be able to provide you with all our products and services. However, you can access and use some parts of our website without giving us your PD.
We Collect Your PD in the Following Ways
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our website, if any, as well as the name of the website you’ll visit when you leave our website. This information may also include the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using our website. We use all this information to analyze trends among our users to help improve our website.
When Entering and Using Our Website
When you enter and use our website and agree to accept cookies, some of these cookies may contain your PD.
At User and Member Registration
When you register as a user or member, we collect your name, email address, and other information listed.
When Buying Products or Services
If you buy products or services from us, we collect your first and last name, email address, physical address, credit card or other payment information, phone number, and other information listed.
If you use our mobile application, you may have to provide PD to use it.
Collecting Your Location Information
When you use our services, we may collect and process information about your actual physical location. We use several technologies, like GPS and IP tracking, to determine your location. These technologies may also provide us with information about nearby cell towers, Wi-Fi access points, and other devices.
Website Chat Software or Contact Forms
Our website contains chat software or contact forms that enable visitors to communicate with us live online or offline by email. In some cases, visitors can communicate with us without becoming a member or buying our products and services. When you use our chat software or contact forms, we may collect some or all the following information: your email address, first name, last name, location, and any other information you willingly choose to provide to us. You should limit the information you provide to us that is only necessary to answer your questions.
Did someone say cookies?…….
Strictly Necessary Cookies
These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.
These cookies enable the website to remember a user’s choices – such as their language, user name, and other personal choices – while using the website. They can also be used to deliver services, such as letting a user make a blog post, listen to audio, or watch videos on the website.
These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by third parties who provide services to us or by our company.
Advertising or Targeting Cookies
These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests. You will see less advertising if you disable these cookies.
These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; thus, they are not stored long term.
These cookies are stored on a user’s device in between browser sessions, which allows the user’s preferences or actions across a site (or, in some cases, across different sites) to be remembered. Persistent cookies may be used for a variety of purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.
- Identifying the areas of our website that you have visited
- Personalizing content that you see on our website
- Our website analytics
- Remarketing our products or services to you
- Remembering your preferences, settings, and login details
- Targeted advertising and serving ads relevant to your interests
- Affiliate marketing
- Allowing you to post comments
- Allowing you to share content with social networks
We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers, members, and visitors.
Google Analytics Privacy Notice
Our website uses Google Analytics to collect information about the use of our website. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website.
We use the information we get from Google Analytics to analyze traffic, remarket our products and services to users, improve our marketing, advertising, and to improve our website. We have enabled Google Analytics advertising features such as remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. Google Analytics collects only the IP address assigned to you on the date you visit our website, not your name or other identifying information. We do not combine the information collected using Google Analytics with PD. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our website.
For more information on how Google collects and processes your data, visit https://www.google.com/policies/privacy/partners/
You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout
Why am I seeing ads by Google for products I’ve viewed?
Our website uses a remarketing advertising service. Our remarketing service is provided by Google and other companies that show our ads on websites across the Internet. With remarketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit to that website. The website’s owner might like to encourage you to revisit his/her website and buy a computer by showing you his/her ads again on other websites that you visit. We use remarketing for similar purposes. For this to happen, Google will read a cookie that is already in your browser, or they place a cookie in your browser when you visit our website or other websites using remarketing.
With Facebook remarketing you may see our ads on Facebook after you have visited our website. For this to happen, Facebook uses a Custom Audience Pixel that is activated when a visitor lands on a webpage and a unique “cookie” is placed in their browser.
Facebook lookalike audience targeting allows us to show ads on Facebook to people who are similar to those who have already visited or made a purchase from our website.
To opt out of Facebook’s collection and use of information for ad targeting visit: https://www.facebook.com/help/568137493302217
How Your Information Is Used
We use the information we receive from you to:
- Provide our products and services you have requested or purchased from us
- Personalize and customize our content
- Make improvements to our website
- Contact you with updates to our website, products, and services
- Resolve problems and disputes
- Contact you with marketing and advertising
that we believe may be of interest to you
Communications and Emails
When we communicate with you about our website, we will use the email address you provided when you registered as a member or user. We may also send you emails with promotional information about our website or offers from us or our affiliates unless you have opted out of receiving such information. You can change your contact preferences at any time through your account or by sending us an email with your request to: [email protected]
Sharing Information With Affiliates and Other Third Parties
We do not sell or rent your PD to third parties for marketing purposes. However, for data aggregation purposes we may use your NPD, which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PD. We may provide your PD to third-party service providers we hire to provide services to us. These third-party service providers may include but are not limited to: payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.
Legally Required Releases of Information
We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties, including you and/or other users or members; or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.
Disclosures to Successors
If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business.
We also retain the right to transfer your PD if our company files for bankruptcy and some or all of our assets are sold to another individual or business.
Community Discussion Boards
Our website may offer the ability for users to communicate with each other through online community discussion boards or other mechanisms. We do not filter or monitor what is posted on such discussion boards. If you choose to post on these discussion boards, you should use care when exposing any PD, as such information is not protected by our privacy notice nor are we liable if you choose to disclose your PD through such postings. Also, PD you post on our website for publication may be available worldwide by means of the Internet. We cannot prevent the use or misuse of such information by others.
Retaining and Destroying Your PD
We retain information that we collect from you (including your PD) only for as long as we need it for legal, business, or tax purposes. Your information may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete, or erase it.
Updating Your PD
You can update your PD using services found on our website. If no such services exist, you can contact us using the contact information found at the top of this privacy notice and we will help you. However, we may keep your PD as needed to enforce our agreements and to comply with any legal obligations.
Revoking Your Consent for Using Your PD
You have the right to revoke your consent for us to use your PD at any time. Such an optout will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates and business partners, (ii) disclosures to third-party service providers that provide certain services for our business, such as credit card processing, computer system services, shipping, data management services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept. If you want to revoke your consent for us to use your PD, send us an email with your request to: [email protected]
Protecting the Privacy Rights of Third Parties
If any postings you make on our website contain information about third parties, you must make sure you have permission to include that information in your posting. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified, if such postings violate the privacy rights of others.
Do Not Track Settings
Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
Links to Other Websites
Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. These websites will likely have their own privacy notices. We have no responsibility for these websites and we provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. It is your responsibility to check the privacy notices of these websites to see how they treat your PD.
Protecting Children’s Privacy
Even though our website is not designed for use by anyone under the age of 16, we realize that a child under the age of 16 may attempt to access our website. We do not knowingly collect PD from children under the age of 16. If you are a parent or guardian and believe that your child is using our website, please contact us. Before we remove any information, we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child is accessing our website, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor do we have any liability to do so.
Our Email Policy
You can always opt out of receiving further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.
Our Security Policy
We have built our website using industry-standard security measures and authentication tools to protect the security of your PD. We and the third parties who provide services for us, also maintain technical and physical safeguards to protect your PD. When we collect your credit card information through our website, we will encrypt it before it travels over the Internet using industry-standard technology for conducting secure online transactions. Unfortunately, we cannot guarantee against the loss or misuse of your PD or secure data transmission over the Internet because of its nature.
We strongly urge you to protect any password you may have for our website and to not share it with anyone. You should always log out of our website when you finish using it, especially if you are sharing or using a computer in a public place.
Use of Your Credit Card
You may have to provide a credit card to buy products and services from our website. We use third-party billing services and have no control over these services. We use our commercially reasonable efforts to make sure your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
Transferring PD From the European Union
(PD) that we collect from you may be stored, processed, and transferred between any of the countries in which we operate, specifically (Name the country or countries where you store user’s data). The European Union has not found the United States and some other countries to have an adequate level of protection of PD under Article 45 of the GDPR. Our company relies on derogations for specific situations as defined in Article 49 of the GDPR. For European Union customers and users, with your consent, your PD may be transferred outside the European Union to the United States and or other countries. We will use your PD to provide the goods, services, and/or information you request from us to perform a contract with you or to satisfy a legitimate interest of our company in a manner that does not outweigh your freedoms and rights. Wherever we transfer, process or store your PD, we will take reasonable steps to protect it. We will use the information we collect from you in accordance with our privacy notice. By using our website, services, or products, you agree to the transfers of your PD described within this section.
Changes to Our Privacy notice
We reserve the right to change this privacy notice at any time. If our company decides to change this privacy notice, we will post those changes on our website so that our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email (sent to the email address on file in your account).
Otherwise we will use and disclose our users’ and customers’ PD in agreement with the privacy notice in effect when the information was collected. In all cases, your continued use of our website, services, and products after any change to this privacy notice will constitute your acceptance of such change.
Questions About Our Privacy notice
If you have any questions about our privacy notice, please contact us using the information at the top of this privacy notice. [email protected]