3. Definitions
In this Agreement, except where the context otherwise requires, (i) capitalized terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following words and expressions used in this Agreement (including in the recitals herein above and Schedules hereto) shall have the following meanings, respectively:
- “Affiliates” with respect to: a corporation, partnership, association, trust, individual or any other entity (in each case, a “Person”), means any Person who, controls, is controlled by or is under common control with such Person, including, without limitation any general partner, officer or director of such Person and any venture capital fund now or hereafter existing which is controlled by or under common control with one or more general partners or shares the same management company with such Person. It shall also include any Person engaged by the Service Provider for the purpose of making the Services available through the Website.
- “Cookies” shall refer to small pieces of Information or data files that are sent through a User’s browser or related software from a Web saver and are stored on that User’s computer hard drive;
- “Data Processor” for the purpose of this Privacy Policy mean and include the role of any third-party entity or other service providers engaged by the Service Provider to process personal data collected through this website or services. Data Processors may include, but are not limited to, cloud hosting providers, payment processors, and marketing analytics services. Data Processors are contractually obligated to process personal data in accordance with the instructions provided by Service Provider and to comply with all applicable data protection laws.
- “Data Controller” shall for the purpose of this Privacy Policy mean and include the role of the Service Provider in determining the purposes and means of processing Personal/Sensitive Personal Information collected from users of this website or services. Service Provider is responsible for ensuring that any personal data collected and processed complies with the GDPR and other applicable data protection laws.
- “Device” means any mobile phone, handheld device, tablet, phablet, laptops, palmtops, desktops or computers in general, or any other electronic device used to access the Services of the Service Provider, whether now known or later devised;
- “Information” shall mean the Information We collect (a) on this Website; (b) in e-mail, text, and other electronic messages between You and this Website; (c) through mobile and desktop applications You download from this Website, which provide dedicated non-browser-based interaction between You and this Website; (d) When You interact with Our advertising and applications on third-party Websites and Services, if those applications or advertising include links to this policy; (e) Personal Information, as defined below in Section 3.10; (f) any other sources
- “IP Address” or “Internet Protocol Address”, is a number that’s automatically assigned to a User’s computer by the User’s Internet Service Provider (“ISP”) whenever a User is on the internet;
- “Legal Basis” shall have the meaning as ascribed to it in section 8.2.1
- “Process” or “Processing” means any operation or set of operations performed on a User’s Information, Personal Information or Sensitive Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction of such Information;
- “Personal Information” includes but is not limited to names, phone number, date of birth, postal address, e-mail addresses, age, demographic Information, purchase history, subscription Information and/or other Information that may identify a User or allow online or offline contact with the User;
- “Services” shall mean the Services provided by the Service Provider to the User as stipulated in Recital A;
- “Service Provider”, shall have the meaning ascribed to it above in Clause 1.1.
- "Sensitive Personal Information” means and includes any religious or philosophical beliefs, trade union membership, genetic Information, biometric Information, health Information, sex life or sexual orientation. In addition, sensitive Information in accordance with CCPA means Personal Information that reveals the consumer's social security, driver's license, state identification card, or passport number, consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, consumer's precise geolocation, consumer's racial or ethnic origin, religious or philosophical beliefs, or union membership, contents of a consumer's mail, email, and text messages unless the business is the intended recipient of the communication and consumer's genetic Information;
- “Third Parties” shall have the meaning as ascribed to it in Section 4.3
- “URL” shall refer to the Uniform Resource Locater;
- “User”, “You” means and includes any individual, person, entity, corporation or agent who accesses/visits/uses the Website or avails any of the Services provided by the Service Provider; and;
- “Website” means www.profittomarketing.com, the Website provided by the Service Provider to provide information regarding US and the services we Provide, to be used on Devices and includes any upgrades to the software from time to time and any other documentation which enables the use of the same.
4. Summary of Key Points
This summary provides key points from our Privacy Policy, but You can find more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section You are looking for.
- What Personal Information do We Process? When You visit, use, or navigate our Services, We may Process Personal Information depending on how You interact with Us and the Services, the choices You make, and the products and features You use. Learn more about Personal Information You disclose to Us here.
- Do We Process any Sensitive Personal Information? We may Process Sensitive Personal Information when necessary with Your consent or as otherwise permitted by applicable law. Learn more about Sensitive Personal Information We Process here.
- Do We receive any Information from Third Parties? We may receive Information from public databases, marketing partners, social media platforms, and other outside sources. We may also share Your Information with third-party vendors, service providers, contractors, or agents (hereinafter referred to as “Third Parties”). Learn more about Information collected from other sources here.
- How do We Process Your Information? We Process Your Information to provide, improve, and administer Our Services, communicate with You, for security and fraud prevention, and to comply with law. We may also Process Your Information for other purposes with Your consent. We Process Your Information only when We have a valid legal reason to do so. Learn more about how We Process Your Information here.
- In what situations and with which types of parties do We share Personal Information? We may share Information in specific situations and with specific categories of Third Parties. Learn more about when and with whom We share Your Personal Information here.
- What are Your rights? Depending on where You are located geographically, the applicable privacy law may mean You have certain rights regarding Your Personal Information. Learn more about Your privacy rights here.
- How do You exercise Your rights? The easiest way to exercise Your rights is by visiting, or by contacting Us. We will consider and act upon any request in accordance with applicable data protection laws. Want to learn more about what We do with any Information We collect? Review the Privacy Policy in full.
17. 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 Information 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 Privacy Policy.
S. No.
Category
Examples
Collected
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
YES
B.
Personal Information as defined in the California Customer Records statute
Name, contact Information, education, employment, employment history, and financial Information
YES
C.
Protected classification characteristics under state or federal law
Gender and date of birth
YES
D.
Commercial Information
Transaction Information, purchase history, financial details, and payment Information
YES
E.
Biometric Information
Fingerprints and voiceprints, Browsing history, search history, online behavior, interest data, and interactions with our and other Websites, applications, systems, and advertisements
Device location
Images and audio, video or call recordings created in connection with our business activities
YES
F.
Internet or other similar network activity
YES
G.
Geolocation Information
YES
H.
Audio, electronic, visual, thermal, olfactory, or similar Information
YES
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
J
Education Information
Student records and directory Information Inferences drawn from any of the collected Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
YES
K.
Inferences drawn from collected personal Information
YES
L.
Sensitive Personal Information
Account login Information, biometric Information, citizenship or immigration status, contents of email or text messages, debit or credit card numbers, drivers' licenses, genetic Information, health Information, Personal Information from a known child, social security numbers, state id card numbers and union membership
YES
- We will use and retain the collected Personal Information as needed to provide the Services or for Category A to Category L for as long as necessary (except for Category F, for this category We will use and retain the collected Personal Information for at least a year).
- Category L Information may be used, or disclosed to a service provider or contractor, for additional, specified purposes. You 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:
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to Your inquiries
- In some exceptional cases, We may be legally permitted under applicable law to Process Your Information without Your consent, including, for example:
- 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 provided certain conditions are met;
- 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 of Canada or a province;
- 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; or
- If the Information is publicly available and is specified by the regulations.
- How do We use and share Your Personal Information?
- Learn about how We use Your Personal Information in the section, 'HOW DO WE PROCESS YOUR INFORMATION?'
- We collect and share Your Personal Information through:
- targeting Cookies/marketing Cookies;
- social media Cookies;
- beacons/pixels/tags;
- click redirects; and/or
- social media plugins: We use social media features, such as a 'Like' button, and widgets, such as a 'Share' button, in our 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 policies 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 Information or their additional Processing.
- Will Your Information be shared with anyone else?
- We may disclose Your Personal Information with our service providers pursuant to a written contract between Us and each service provider. Learn more about how We disclose Personal Information to in the section, 'WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?' here.
- We may use Your Personal Information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be 'selling' of Your Personal Information.
- 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 I. Professional or employment-related Information
- Category K. Inferences drawn from collected Personal Information
- Category L. Sensitive Personal Information
- The categories of Third Parties to whom We disclosed Personal Information for a business or commercial purpose can be found here, under 'WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?'