Effective Date 2/27/2020
Last Updated 10/18/2019
Your Privacy Rights
Who Collects Your Information On Our Service?
We do. Under the GDPR ProDeal360 is what is known as the “Controller”, and a “Business” for purposes of the CCPA, with respect to the PII that you provide to us. We collect information from you on the Service, and we are responsible for protection of your information.
What Information Does ProDeal360 Collect?
- Requested Information. During onboarding as a user of the Service, we may request specific PII about you in order to add you as a user, add you to our email list, facilitate your payments for Service, or fulfill your requests for services or information. You may choose not to provide your PII, but then you might not be able to take advantage of some of the features of our Service. We only collect basic Personal Data about you that does not include any special categories of personal data as defined in the GDPR. The types of PII that we collect and save include:
- Contact and account information, such as name, mailing address, email address, phone number, and username;
- Technical information, collected in our logs and via cookies. Such information may include standard web log entries that contain your device identifiers and information, operating system information, clickstream data, IP address, previous page URL, referring page URL and timestamps;
- Employment information, such as the name of your employer, work history and work information, and your employer’s business name, URL, location and type of industry; and
- Location-based information.
- Aggregate Information. We may also collect anonymous, non-identifying and aggregate information such as the type of browser you are using, the type of operating system you are using, the date and time of any request, language preference, referring site, and the domain name of your Internet service provider. Additionally, we may anonymize PII and include such anonymous information in sets or collections of aggregate information.
- Financial Information. We do not collect financial information from you on the Service. However, we use third party service providers to process payments for the Service and they do collect financial information, such as banking information or credit card number, name, CVV code or date of expiration, from you on the Service.
- User Content. Aside from the PII that we collect from you for the creation and administration of your account (“Account Information”), you may also choose to upload or otherwise submit non-anonymous information and material to the Service that does not relate to the creation and/or administration of your account (“User Content”). User Content may consist of non-public content you process and share with others via the Service, such as documents, contracts and similar material stored, transmitted and collaborated on via the Service, as well as non-public communications between users of the Service in the course of negotiating and conducting transactions through the productivity tools of the Service. We do not require you to provide, upload, or otherwise submit User Content in order to use the Service, and such content shall only exist in the Service if, and to the extent that, you elect to upload or otherwise submit it to the Service. User Content shall only contain your PII to the extent that you, or another User authorized by you, include such PII in such User Content.
Why Is My Information Being Collected?
We need to collect your PII so that we can respond to your requests for information or to be added to our email lists, and to process your requests to access, and make payment for, the Service. We also collect aggregate information to help us better design the Service. We collect log information for monitoring purposes to help us to diagnose problems with our servers, administer the Service, calculate usage levels, and otherwise provide services to you.
We collect User Content for purposes of providing the Services.
How Do We Use the PII That We Collect?
- We use the PII you provide for the purposes for which you have submitted it including:
- Responding To Your Inquiries and Fulfilling Your Requests. We may use your PII to respond to your inquiries and to fulfill your requests for information.
- Creating and Maintaining Your User Account. We use your PII to create and maintain an account for you to allow you to purchase and use the Service.
- Subscribing to the Service. We may use your PII to add your subscriptions to our Service.
- Paying for the Service. Although it may appear that the Service collects financial information, your information is collected and processed through a third party service provider. We do not process or store your financial information, including credit card or other payment method information.
- Communicating With You About Our Services. We may use your PII to send you information about new services and other items that may be of interest to you.
- We may use anonymous information that we collect to improve the design and content of our Service, and to enable us to personalize your internet experience. We also may use this information in the aggregate to analyze how our Site is used, as well as to offer you programs or services.
- We may use your User Content to provide certain functionalities of the Service, as directed by you, including the collaboration and communication functionalities of the Service.
Do We Share Your Personal Information?
We will not share your PII except: (a) for the purposes for which you provided it; (b) with your consent; (c) as may be required by law or as we think necessary to protect our organization or others from injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); or (d) with persons or organizations with whom we contract to carry out Services, internal operations, or business activities. We may also share aggregate information with others, including affiliated and non-affiliated organizations. Finally, we may transfer your PII to our successor-in-interest in the event of an acquisition, sale, merger or bankruptcy.
We may provide your payment information to a third party service provider for purposes of payment processing.
We may share your User Content with other Users with whom you are conducting business, collaborating, or communicating with respect to the particular User Content, or otherwise as directed by you, via the Service. For example, if you are conducting business with a counterparty through the Service and you grant that User access to a particular workflow, that counterparty will have access to the User Content in that workflow. We do not otherwise share User Content except in accordance with this policy. Additionally, User Content may be accessible to the administrative account with which your account is associated.
How Can You Access And Control Your Information?
After becoming a user of the Service, you may view, revise or edit certain PII associated with you by logging into the Service, or by sending an email to email@example.com.
For instructions on how you can further access your PII that we have collected, or how to correct errors in such information, please send an email to firstname.lastname@example.org. We will also promptly stop using your PII and remove it from our servers and database at any time upon your e-mail request, where required by law. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections or removing your PII.
How We Store and Protect Your Information
- After receiving your PII, we will store it on our servers for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect. Unfortunately, no data transmission over the internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information (e.g., strong encryption), we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers’ systems.
- If you are accessing the Service from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be stored in our servers and internal systems located within the USA.
- We store your PII until the earlier of (i) your PII is no longer necessary for the purposes for which it was being processed; (ii) we delete your PII in accordance with our data retention decisions as well as retention and other internal policies; (iii) you request us to remove it from our servers, except in cases where we have the legal authority to maintain that information and elect to retain such information. We store our logs and other technical records indefinitely.
- To enhance your online experience with us, our web pages may use “cookies.” Cookies are text files that our web server may place on your hard disk to store your preferences. Cookies, by themselves, do not tell us your email address or other PII unless you choose to provide this information to us. Once you choose to provide PII, however, this information may be linked to the data stored in the cookie. Certain features of the Services may not function properly without the aid of cookies.
- ProDeal360 or our service providers may also use “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some ProDeal360 Site pages and HTML-formatted email messages for purposes of, among other things, compiling aggregate statistics about website usage and response rates. A Pixel Tag 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 visitors’ hard drives. Pixel Tags allow us and our service providers to count users who have visited certain pages of the ProDeal360 Site, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can inform the sender of the email whether and when the email has been opened.
- As you use the internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as “clickstream data”, can be collected and stored by a website’s server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the ProDeal360 Site. We may use clickstream data as a form of non-personally identifiable information to determine how much time visitors spend on each page of our Site, how visitors navigate through the Site, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our Site.
- Do Not Track. At present, the Site and Service do not specifically respond to browser do-not-track signals.
Collection of Information by Others
Our Terms of Service document identifies certain third party websites to which we may provide links, and that you may access through our Site. Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.
Data Subject Rights
If you are a data subject as defined under the GDPR, you have eight rights. These are:
- The right to be informed. This is your right to be informed about what they are processing, why, and who else the data may be passed to.
- The right of access. This is your right to see what data about you is held by us.
- The right to rectification. This is the right to have your data corrected or amended if what is held is incorrect in some way.
- The right to erasure. This is the right to have your personal data to be deleted in the event that such data is no longer required for the purposes it was collected for, your consent for the processing of the data is withdrawn, or the data is being unlawfully processed.
- The right to restrict processing. This is the right to ask for a temporary halt to processing of your personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
- The right to data portability. This is the right to ask for your personal data to be provided to you in a structured, commonly used, and machine-readable format.
- The right to object. This is the right to object to further processing your personal data if such processing is inconsistent with the primary purposes for which it was collected.
- Rights in relation to automated decision making and profiling. This is the right to not be subject to a decision based solely on automated processing. The Service does not engage in automated decision making and profiling.
Children and Young People’s Information
We do not knowingly collect any information from any minors, and we comply with all applicable privacy laws including the GDPR, the CCPA, USA Children’s Online Privacy Protection Act (“COPPA”) and associated Federal Trade Commission (“FTC”) rules for collecting personal information from minors. Please see the FTC’s website (www.ftc.gov) for more information. If you have concerns about this Site, wish to find out if your child has accessed our services, or wish to remove your child’s personal information from our servers, please contact us at email@example.com. Our Site will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian. In the event that we discover that a child under the age of 13 has provided personal information to us, we will make efforts to delete the child’s information in accordance with the COPPA. If you believe that your child under 13 has gained access to our Site without your permission, please contact us at firstname.lastname@example.org.
Consumer Privacy Rights under the CCPA
The CCPA applies to our practices with respect to Personal Information of California residents.
Description of a California Consumer’s Rights under the CCPA
Under the CCPA, Consumers have certain rights regarding their Personal Information.
- California consumers have the right to request that we disclose personal information we have collected about them in the previous 12 months including, but not limited to, the categories of information collected by us, the source(s) of such information by category, and the purpose for collecting such information. This right may not be exercised more than twice in a 12 month period. In the previous 12 months, we have collected the following categories of personal information about consumers
- Personal Information Under the California Customer Records Law (Cal. Civ. Code §1798.80) (“CCRLPI”);
- Internet/Network Activity. Internet Activity Information includes browsing history, cookies, search history and a consumer’s interaction with a website;
- Geolocation Data. Such geolocation data includes GPS data;
- User Content; and
- Inferences drawn from any other category of personal information.
We collect the Personal Information from you/the consumer, third parties, and by automatic means. Such Personal Information is collected in order to provide the Service and as otherwise described in “How Do We Use the PII That We Collect” Section above.
- As a California consumer, you also have the right to request that we tell you which of your Personal Information we have disclosed for a business purpose, or sold, in the previous 12 months. With respect to Personal Information being disclosed for a business purpose, the consumer shall receive the categories of information disclosed and the types of entities they have been disclosed to. This right may not be exercised more than twice in a 12 month period. For Personal Information being sold, this includes the categories of information being sold and the categories of third parties to whom it is being sold.
In the past 12 months, we have disclosed Personal Information falling under the following categories of personal information: Identifiers; CCRLPI; Internet/Network Activity; Geolocation Data; and User Content. We disclose the Personal Information in the preceding categories to the consumers themselves, to other parties as the consumer may direct, our service providers, third parties, other users, government/law enforcement agencies, and/or successor(s) in interest. This information is disclosed to comply with your directions, for the provision of the Services, to comply with applicable law, and/or our legitimate business purposes. User Content may be disclosed to other users and third parties at your direction, administrative users associated with your account, and as necessary comply with applicable law, which may include government and law enforcement agencies.
- You also have the right to request the deletion of Personal Information that we have collected from you at any time. However, we may not be required to comply with such request under several circumstances including, but not limited to, when the data is necessary for the underlying transaction, to comply with applicable law, to detect security incidents, to debug glitches, and for our internal purposes.
- In the event that you exercise one of your rights under the CCPA, you have the right to not be discriminated against by us in any way, including, but not limited to charging you different prices for the Service.
How do you exercise your rights under the CCPA?
Because we offer the Services exclusively online, you may submit requests to exercise your rights under the CCPA by emailing us at email@example.com, please include “Request for Privacy Information” in the subject line.
We will acknowledge receipt of your request within 10 days of receiving it, and will do our very best to respond within 45 days of receipt of your request, and in no event will our response come more than 90 days after your request. If we are unable to provide our response within the first 45 day window, we shall notify you as soon as we become aware of the possible delay and provide an explanation of why additional time is needed to respond.
Before we respond to any CCPA based requests relating to your personal information, we will take steps to reasonably verify the identity of the person making the request (“Requestor”) to make sure it’s you, or your authorized agent. We do this to this avoid disclosing your information to third parties and bad actors, not to inconvenience you in any way. To do this, we will ask the Requestor to confirm at least two pieces of information that we have in our files. As the sensitivity of the information being requested goes up, we will ask the Requestor to confirm more pieces of information. If an agent is acting on behalf of the consumer, we will need to also verify the agent’s identity and their authority to act on the consumer’s behalf. For requests to delete information, after verification, we will confirm the consumer’s desire to delete one final time before actually deleting the information. If the identity of the Requestor cannot be reasonably verified, either as the consumer or their agent, then in order to protect that consumer, we shall not disclose the personal information requested.
Changes to this Policy
ProDeal360 has further committed to refer unresolved Privacy Shield complaints to the American Arbitrage Association, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit https://go.adr.org/privacyshield.html for more information or to file a complaint. The services of the American Arbitrage Association are provided at no cost to you.
ProDeals’ commitments under the Privacy Shield, and compliance with the Principles, are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
We store your Personal Information on cloud servers located in the United States. If a third party providing services on ProDeal360s’ behalf processes personal data from the EEA in a manner inconsistent with the Principles, ProDeal360 will be liable, unless we can prove that we are not responsible for the event giving rise to the damage.
To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov
If you are located in the EEA and have not been able to resolve your complaint by any other mechanism, you may, in certain circumstances, be able to seek resolution via binding arbitration. For additional information about the arbitration process, please visit the Privacy Shield website.
Our Contact Information
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