“Personal Data” Defined
“Personal Data” is defined in the GDPR as User Data which can be used to directly or indirectly identify the applicable user. As used herein, Personal Data, includes, without limitation, information such as (i) contact data (such as your first and last name, user name or alias, physical street address, city, state, zip code, phone number and email address), (ii) financial data (such as your PayPal account number, credit card number, credit card expiration date, and credit card verification code), (iii) demographic data (such as your zip code and gender), and (iv) other legal data (such as your social security number and other sensitive information) or any number of attributes, which taken together may lead to the identity of you (such as physical, physiological, genetic, mental, economic, cultural or social characteristics). Although an Internet Protocol (IP) address can only be used to determine the location of your device within a large radius (on the scale of miles or kilometers), Personal Data, for the purpose of the GDPR may include your IP address, and moreover, cookies in relation to your use of the Website. Notwithstanding the fact that we may treat certain User Data as User Data which is not Personal Data, and cannot be used in order to identify a user (“Non-Identifiable Data”), to the extent that the GDPR applies to you, we will always treat information based upon the GDPR’s characterization of Personal Data. For example, the IP or cookies of a user within the United States may be treated as Non-Identifiable Data, while the same attributed may be treated by the GDPR as Personal Data in certain instances.
Special Considerations Under the GDPR
The below table sets forth how we may process data received by a user entitled to the protections of the GDPR.
“Data controller” and “data processor” are important concepts in understanding a company’s responsibilities under the GDPR. Depending on the scenario, a company may be a data controller, data processor or both, and will have specific responsibilities as a result: A company is a data controller when it has the responsibility of deciding why and how (the “purposes” and “means”) the Personal Data is processed.
Any transfer of Personal Data outside of the EEA (European Economic Area) must meet certain legal requirements. To the extent we are in receipt of Personal Data being transferred from inside the EEA to any region outside the EEA, we will at all times comply with applicable restrictions.
To the extent that we operate as a data controller and/or processor, our workplace will at all times be cognizant of applicable restrictions, and comply therewith.
Information Collection and Tracking
Visiting the Website
You can visit the Website without giving away your Personal Data. Company uses analytics tools, such as Google Analytics, and various cookies in order to improve our service, user experience and analyze how our website is used. Aside from the approximate location (IP address), the information collected by tools such as Google Analytics is mostly anonymous traffic data including browser information, device information, language. We do not collect additional information, such as your age, gender, interests, clickstream, or anything associated with a so-called user “Internet passport.”
We may collect User Data from the following sources:
- Registration information which you provide when registering for our services or products, offered through the Website or a third party’s services or products. For example, you will be required to submit personal information such as your name, address, email, and date of birth to verify your identity prior to establishing your account.
- Billing information, such as a PayPal account number or credit card number, which is required to process the payment for the products or services you order from us.
- Other information we collect, such as the city of your birth and your mother’s maiden name, which is used to verify your identity in the event you forget your login information required for our online products or services.
- Information you provide to us in response to our communications. For example, we may request that you provide your e-mail address so that we may send you notifications, alerts, special offers and newsletters.
- Information that you provide to us through customer service communications and correspondence and general feedback.
- Precise Geolocation Information. The location of your device. For more information and to learn how to disable collection of location information, please see below.
- Information about your device, including your hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device’s interaction with the Website.
- Information about how you use the Website, including your access time, “log-in” and “log-out” information, browser type and language, country and language setting on your device, Internet Protocol (“IP”) address, the domain name of your Internet service provider, other attributes about your browser, mobile device and operating system, any specific page you visit on our platform, content you view, features you use, the date and time of your visit to or use of the Website, your search terms, the website you visited before you visited or used the Website, data about how you interact with the Website, and other clickstream data.
- Information from sources other than the Website, as may be legally permissible.
- Information from third-party verification services, credit bureaus, financial institutions, mailing list providers, and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number.
- To the extent permitted by applicable laws, we may obtain background check reports from public records of criminal convictions and arrest records. We may use your information, including your full name, government-issued identification number, and date of birth, to obtain such reports.
- Information about you from third parties in connection with any credit investigation, credit eligibility, identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies.
- Information you have sent us for recruitment-related purposes, such as contacting you. Additionally, Company may keep your data for a period of time for the purpose of considering you for a different opportunity.
- Information sourced from social or other new media plug-ins used for easy sharing and following our social media pages, such as Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. Being on our website does not automatically result in sharing data on these social media networks. These plugins remain inactive (idle) until clicked upon. Once clicked upon, you will be taken to the said social media networks with their own specific privacy policies you are recommended to consult.
- Remember that you have visited us or used the Website before. This allows us to identify the number of unique visitors we receive, so that we can provide enough capacity to accommodate all of our users.
- Customize elements of the layout and/or content of the Website, including, without limitation, advertisements and promotions.
- Collect data about the way you interact with the Website (e.g., when you use certain features).
- Collect data to assess and improve our advertising campaigns, including sending information to our business partners.
- Allow our business partners (including third parties) to use these tracking technologies to track your behavior on the Website (including when you use multiple devices) and on partner websites.
- Enable third parties to collect data about the way you interact across sites outside of the Website.
- Collect anonymous statistical information about how you use the Website (including the length of your web or application session) and the location from which you access the Website, so that we can improve the Website and learn which elements and functions of the Website are most popular with our users.
Third-Party Advertising and Analytics
Pages on our website also may contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). A web beacon is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Website visitors and may be associated with cookies on the visitors’ hard drives. Web beacons do not contain any Personal Data, and allow us to count users who have visited certain pages of the Website, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. Web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. We use log files to store the data that is collected through web beacons.
In order to provide certain services, we may require access to location information, including precise geolocation information collected from your browser or device. If you do not consent to collection of this information, certain services will not function properly and you will not be able to use those services. You may stop our collection of location information at any time by changing the preferences in your browser or on your mobile device.
Storage and Processing
We may, and we may use third-party service providers to, process and store your information. The third-party service providers that we engage will at all times be bound by confidentiality obligations and other appropriate restrictions with respect to their use and collection of your information.
Use of Information
We may use information about you for a number of purposes, including:
- Making available for use, improving, and developing the Website
- Determining whether the Website, our products, and/or our services, as applicable, are available in your country;
- Processing or recording transactions;
- Otherwise providing you with our services, products, and features you elect to use, and as applicable, purchase;
- Displaying your historical transaction or appointment information;
- Providing, maintaining and improving the Website;
- Developing new products and services;
- Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages including to resolve disputes, collect fees, and provide assistance for problems with the Website or your user account;
- Improving, personalizing, and facilitating your use of the Website;
- Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of the Website.
- Communicating with you regarding the website.
- Sending you information we think you may find useful or which you have requested from us about our products and services.
- Conducting surveys and collecting feedback about the Website.
- Protecting the website and maintaining a trusted environment.
- Investigating, detecting, preventing, or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities, or to otherwise help protect your account, including to dispute chargebacks on your behalf.
- Verifying your identity (e.g., through government-issued identification numbers).
- Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process; fulfilling any other purpose disclosed to you in.
- Contacting you to resolve disputes, collect fees, and provide assistance with the Website.
We may share certain of the User Data, including Personal Data, with affiliated and non-affiliated third parties, including without limitation in connection with the following:
- We sometimes disclose the User Data we collect to our affiliated companies for marketing purposes and to enhance our products or services to better suit your needs. When identifying methods of improving our products or services, or if we think a product or service may be of interest to you, we may extend select special offers of goods or services to you. If you would like to opt-out of receiving these offers, please refer to the “Offering You Choices – Marketing Options,” section below.
- We sometimes disclose the User Data we collect to companies that operate various services for us, such as marketing, distribution, PayPal, credit card processing, order fulfillment, administrative services, advertising, or certain product functionalities, or who otherwise provide goods or services which may be of interest to you. If you provide information to us, you are expressly consenting to receiving telephone calls, emails or text messages, or direct mail, from us, or on our behalf, regarding the products and services offered on the Website.
- We may share your User Data as permitted by law.
- Personal Data will not be sold, leased or otherwise made available to any person or entity not authorized by or associated with us, however, please be advised that certain Personal Data becomes a matter of public record upon the filing of certain documents with the appropriate government agency or court.
- We may disclose your Personal Data in special cases when we have reason to believe that disclosing this information is necessary: (a) to identify, contact or bring legal action against someone who may be causing injury to or interfering (either intentionally or unintentionally) with: (i) our legal rights or property, (ii) another visitor or anyone else that could be harmed by such activities; or (b) by operation of law or at the request for cooperation from law enforcement or another governmental agency.
- In the event we go through a business transition, such as a merger, acquisition by another company, reorganization, a divestiture, a sale of all or a portion of our assets, or in the unlikely event of bankruptcy, your Personal Data and any information you provide to us will likely be among the assets transferred, and you hereby consent to such transfer.
Offering You Choices–Marketing Options
You have choices when it comes to learning about our new offers, products or services, as well as those offered by our partners and affiliates. If you do not wish to receive these offers, you may opt out by emailing our Customer Care department at any time at email@example.com. Alternatively, each marketing e-mail we send to you will include instructions how to opt-out, which you may utilize. Please note that you may still receive information from third parties to whom we have disclosed your information prior to the time you opted-out. You should contact each party in the event that you no longer want to receive information from such party.
Other websites and companies are responsible for complying with the GDPR independently, and we do not assume any duty to ensure that a website linked from, or which links to, the Website, complies with the GDPR.
We know it is very important to protect the information you share with us. We take appropriate security measures to help safeguard this information from unauthorized access and disclosure. For example, we restrict access to nonpublic personal information about you to our employees who need to have access to such information in order to provide products or services to you, as well as to authorized third parties (as stated above). We maintain physical, electronic, and procedural safeguards designed to protect your Personal Data. We protect your Personal Data over the internet by using a secure web server, which allows web browser programs (Netscape, Microsoft Internet Explorer, Safari, Chrome or Firefox) to interact with our web server via an encrypted session. Depending on which browser you use, you will know you are in secured area by “https” or a lock appearing in the lower right hand corner of your browser window. When you visit the Website, you may move in and out of secured areas. Anytime that you are on a page ordering products or services, or viewing your personal credit report, you will be in a secured area.
You should feel confident using our Website. However, no system can be completely secure. Although we take very significant steps to secure your information, there is always a chance that your information will not always remain secure, or our computers or systems are illegally accessed, and the data on them stolen or altered. You should always take great care in handling and disclosing your personal information. For example, avoid sending personal information through insecure email.
Please refer to the Federal Trade Commission’s website for information about how to protect yourself against identity theft. We assume no liability or responsibility to you or to any third party arising out of any loss, misuse, destruction, or alteration of your information.
Access to Information
You have the right to request access to the information we have on you. You can do this by contacting us at firstname.lastname@example.org. We will make sure to provide you with a copy of the data we process about you. In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending your copy electronically, unless the request expressly specifies a different method. For any subsequent access request, we may charge you with an administrative fee.
Information Correction and Deletion
If you believe that the information we have about you is incorrect, you are welcome to contact us so we can update it and keep your data accurate. Any data governed by the GDPR that is no longer needed for the purposes specified herein will be deleted. If you are a user with rights under the GDPR, if at any point you wish for Company to delete information about you, you may simply contact us and instruct that we delete certain Personal Data, provided, that, such deletion may affect your use of the Website.
Deactivating Your Account
If you wish to deactivate or cancel your account, you can do so by making a request to us by email at email@example.com.
Persons Under the Age of 13 and Ability to Consent
In order to use the Website and/or its products and/or services, you must be at least 13 years of age. The Website is not directed to or intended for use by persons under the age of 13 and we are not knowingly soliciting personal information from such persons or sending them requests for non-public personal information. If we become aware that we have inadvertently received Personal Data directly from someone under the age of 13, we will delete such information from our records. If you are under the age of 13, you must not use our products or services, including sending us any personal information.
How Long We Retain Your Information
U.S. State Privacy Rights
The laws of certain states within the United States law permit residents of such states to request certain details about our disclosure of your Personal Data to third parties for direct marketing purposes during the immediately preceding calendar year. If you are a resident of any such state (including California) and would like to request this information, please contact us at firstname.lastname@example.org.
Notification of Changes
Visitor’s Acceptance of These Terms
If you wish to exercise any right afforded to you herein or under applicable law, or if you have any additional questions about our collection and storage of data, please contact us at email@example.com.
If you have any questions or concerns regarding our notice, or if you believe our notice or applicable laws relating to the protection of your Personal Data have not been respected, you may file a complaint with our office listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.