VertPro®
& Vert Energy Group Privacy Policy
Last
updated: June 23, 2022
This
Privacy Policy describes Our policies and procedures on the collection, use and
disclosure of Your information when You use the Service and tells You about
Your privacy rights and how the law protects You.
We
use Your Personal data to provide and improve the Service. By using the
Service, You agree to the collection and use of information in accordance with
this Privacy Policy.
Interpretation
and Definitions
Interpretation
The
words of which the initial letter is capitalized have meanings defined under
the following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For
the purposes of this Privacy Policy:
- Account
means a unique account created for You to access our Service or parts of
our Service.
- Account
Activities Information We record and retain the
records of your account activities when you use the Service. We may
associate information about you with the pages or reports which you may
have viewed recently at our Websites including the Vert Pro® Website
and/or a history of any subscriptions and any communications you may have
had with any of our representatives, including any problems with the
service you may have reported and other non-personally identifiable
information.
- Business,
for the purpose of the CCPA (California Consumer Privacy Act), refers to
the Company as the legal entity that collects Consumers’ personal
information and determines the purposes and means of the processing of
Consumers’ personal information, or on behalf of which such information is
collected and that alone, or jointly with others, determines the purposes
and means of the processing of consumers’ personal information, that does
business in the State of California.
- Company
(referred to as either "the Company", "We",
"Us" or "Our" in this Agreement) refers to Vert Energy
Group, 100 Spectrum Center Dr #900, Irvine, CA 92618.
For the purpose of the GDPR, the Company is the Data
Controller.
- Consumer,
for the purpose of the CCPA (California Consumer Privacy Act), means a
natural person who is a California resident. A resident, as defined in the
law, includes (1) every individual who is in the USA for other than a temporary
or transitory purpose, and (2) every individual who is domiciled in the
USA who is outside the USA for a temporary or transitory purpose.
- Cookies
are small files that are placed on Your computer, mobile device or any
other device by a website, containing the details of Your browsing history
on that website among its many uses.
- Country
refers to: California, United States
- Data
Controller, for the purposes of the GDPR
(General Data Protection Regulation), refers to the Company as the legal
person which alone or jointly with others determines the purposes and
means of the processing of Personal Data.
- Device
means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
- Do Not
Track (DNT) is a concept that has
been promoted by US regulatory authorities, in particular the U.S. Federal
Trade Commission (FTC), for the Internet industry to develop and implement
a mechanism for allowing internet users to control the tracking of their
online activities across websites.
- Personal
Data is any information that
relates to an identified or identifiable individual.
For the purposes for GDPR, Personal Data means any
information relating to You such as a name, an identification number, location
data, online identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Data means any
information that identifies, relates to, describes or is capable of being
associated with, or could reasonably be linked, directly or indirectly, with
You.
- Physical
Property Data Vert Energy Group and Vert
Pro® provide energy services that may require data about physical
properties and the utilities associated with them. We may also associate information
about you with information about properties covered by our Company
Websites.
For the purposes for GDPR, Physical Property Data means any
information relating to Your building information such as a name, an
identification number, location data, online identifier or to one or more
factors specific to the physical, physiological, genetic, mental, economic,
cultural or social identity.
For the purposes of the CCPA, Physical Property Data means
any information that identifies, relates to, describes or is capable of being
associated with, or could reasonably be linked, directly or indirectly, with
You and/or your Property.
- Sale,
for the purpose of the CCPA (California Consumer Privacy Act), means
selling, renting, releasing, disclosing, disseminating, making available,
transferring, or otherwise communicating orally, in writing, or by
electronic or other means, a Consumer’s personal information to another
business or a third party for monetary or other valuable consideration.
- Service
refers to the Website.
- Service
Provider means any natural or legal
person who processes the data on behalf of the Company. It refers to
third-party companies or individuals employed by the Company to facilitate
the Service, to provide the Service on behalf of the Company, to perform
services related to the Service or to assist the Company in analyzing how
the Service is used. For the purpose of the GDPR, Service Providers are
considered Data Processors.
- Usage
Data refers to data collected
automatically, either generated by the use of the Service or from the
Service infrastructure itself (for example, the duration of a page visit).
- Website
refers to VertPro®, accessible from https://www.vertpro.com and
Vert Energy Group, accessible from https.//www.vertenergygroup.com
- You
means the individual accessing or using the Service, or the company, or
other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be
referred to as the Data Subject or as the User as you are the individual using
the Service.
Collecting
and Using Your Personal Data
Types of Data Collected
Personal Data
While
using Our Service, We may ask You to provide Us with certain personally
identifiable information that can be used to contact or identify You.
Personally identifiable information may include, but is not limited to:
- Email
address
- First name
and last name
- Phone
number
- Address,
State, Province, ZIP/Postal code, City
- Bank
account information in order to pay for products and/or services within
the Service
- Usage
Data
When
You pay for a product and/or a service via bank transfer, We may ask You to
provide information to facilitate this transaction and to verify Your identity.
Such information may include, without limitation:
- Date of
birth
- Passport
or National ID card
- Bank
card statement
- Other
information linking You to an address
Usage Data
Usage
Data is collected automatically when using the Service.
Usage
Data may include information such as Your Device’s Internet Protocol address
(e.g. IP address), browser type, browser version, the pages of our Service that
You visit, the time and date of Your visit, the time spent on those pages,
unique device identifiers and other diagnostic data.
When
You access the Service by or through a mobile device, We may collect certain
information automatically, including, but not limited to, the type of mobile device
You use, Your mobile device unique ID, the IP address of Your mobile device,
Your mobile operating system, the type of mobile Internet browser You use,
unique device identifiers and other diagnostic data.
We
may also collect information that Your browser sends whenever You visit our
Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We
use Cookies and similar tracking technologies to track the activity on Our
Service and store certain information. Tracking technologies used are beacons,
tags, and scripts to collect and track information and to improve and analyze
Our Service. The technologies We use may include:
- Cookies
or Browser Cookies. A cookie is a small file
placed on Your Device. You can instruct Your browser to refuse all Cookies
or to indicate when a Cookie is being sent. However, if You do not accept
Cookies, You may not be able to use some parts of our Service. Unless you
have adjusted Your browser setting so that it will refuse Cookies, our
Service may use Cookies.
- Flash
Cookies. Certain features of our
Service may use local stored objects (or Flash Cookies) to collect and
store information about Your preferences or Your activity on our Service.
Flash Cookies are not managed by the same browser settings as those used
for Browser Cookies. For more information on how You can delete Flash
Cookies, please read "Where can I change the settings for disabling,
or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web
Beacons. Certain sections of our
Service and our emails may contain small electronic files known as web
beacons (also referred to as clear gifs, pixel tags, and single-pixel
gifs) that permit the Company, for example, to count users who have
visited those pages or opened an email and for other related website
statistics (for example, recording the popularity of a certain section and
verifying system and server integrity).
Cookies
can be "Persistent" or "Session" Cookies. Persistent
Cookies remain on Your personal computer or mobile device when You go offline,
while Session Cookies are deleted as soon as You close Your web browser. Learn
more about cookies: Cookies: What Do They Do?.
We
use both Session and Persistent Cookies for the purposes set out below:
- Necessary
/ Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with
services available through the Website and to enable You to use some of its
features. They help to authenticate users and prevent fraudulent use of user
accounts. Without these Cookies, the services that You have asked for cannot be
provided, and We only use these Cookies to provide You with those services.
- Cookies
Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the
use of cookies on the Website.
- Functionality
Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make
when You use the Website, such as remembering your login details or language
preference. The purpose of these Cookies is to provide You with a more personal
experience and to avoid You having to re-enter your preferences every time You
use the Website.
- Tracking
and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about
traffic to the Website and how users use the Website. The information gathered
via these Cookies may directly or indirectly identify you as an individual
visitor. This is because the information collected is typically linked to a
pseudonymous identifier associated with the device you use to access the
Website. We may also use these Cookies to test new pages, features or new functionality
of the Website to see how our users react to them.
For
more information about the cookies we use and your choices regarding cookies,
please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The
Company may use Personal Data for the following purposes:
- To
provide and maintain our Service, including to monitor the
usage of our Service.
- To
manage Your Account: to manage Your registration as
a user of the Service. The Personal Data You provide can give You access
to different functionalities of the Service that are available to You as a
registered user.
- For the
performance of a contract: the development, compliance
and undertaking of the purchase contract for the products, items or
services You have purchased or of any other contract with Us through the
Service.
- To
contact You: To contact You by email,
telephone calls, SMS, or other equivalent forms of electronic
communication, such as a mobile application’s push notifications regarding
updates or informative communications related to the functionalities,
products or contracted services, including the security updates, when
necessary or reasonable for their implementation.
- To
provide You with news, special offers and
general information about other goods, services and events which we offer
that are similar to those that you have already purchased or enquired
about unless You have opted not to receive such information.
- To
manage Your requests: To attend and manage Your
requests to Us.
- To
deliver targeted advertising to You: We
may use Your information to develop and display content and advertising
(and work with third-party vendors who do so) tailored to Your interests
and/or location and to measure its effectiveness.
- For
business transfers: We may use Your information to
evaluate or conduct a merger, divestiture, restructuring, reorganization,
dissolution, or other sale or transfer of some or all of Our assets, whether
as a going concern or as part of bankruptcy, liquidation, or similar
proceeding, in which Personal Data held by Us about our Service users is
among the assets transferred.
- For
other purposes: We may use Your information
for other purposes, such as data analysis, identifying usage trends,
determining the effectiveness of our promotional campaigns and to evaluate
and improve our Service, products, services, marketing and your
experience.
We
may share Your personal information in the following situations:
- With
Service Providers: We may share Your personal
information with Service Providers to monitor and analyze the use of our
Service, to advertise on third party websites to You after You visited our
Service, for payment processing, to contact You.
- For
business transfers: We may share or transfer Your
personal information in connection with, or during negotiations of, any
merger, sale of Company assets, financing, or acquisition of all or a
portion of Our business to another company.
- With
Affiliates: We may share Your information
with Our affiliates, in which case we will require those affiliates to
honor this Privacy Policy. Affiliates include Our parent company and any
other subsidiaries, joint venture partners or other companies that We
control or that are under common control with Us.
- With
business partners: We may share Your information
with Our business partners to offer You certain products, services or
promotions.
- With
other users: when You share personal
information or otherwise interact in the public areas with other users,
such information may be viewed by all users and may be publicly
distributed outside.
- With
Your consent: We may disclose Your personal
information for any other purpose with Your consent.
Retention of Your Personal Data
The
Company will retain Your Personal Data only for as long as is necessary for the
purposes set out in this Privacy Policy. We will retain and use Your Personal
Data to the extent necessary to comply with our legal obligations (for example,
if we are required to retain your data to comply with applicable laws), resolve
disputes, and enforce our legal agreements and policies.
The
Company will also retain Usage Data for internal analysis purposes. Usage Data
is generally retained for a shorter period of time, except when this data is
used to strengthen the security or to improve the functionality of Our Service,
or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your
information, including Personal Data, is processed at the Company’s operating
offices and in any other places where the parties involved in the processing
are located. It means that this information may be transferred to — and
maintained on — computers located outside of Your state, province, country or
other governmental jurisdiction where the data protection laws may differ than
those from Your jurisdiction.
Your
consent to this Privacy Policy followed by Your submission of such information
represents Your agreement to that transfer.
The
Company will take all steps reasonably necessary to ensure that Your data is
treated securely and in accordance with this Privacy Policy and no transfer of
Your Personal Data will take place to an organization or a country unless there
are adequate controls in place including the security of Your data and other
personal information.
Disclosure of Your Personal Data
Business Transactions
If
the Company is involved in a merger, acquisition or asset sale, Your Personal
Data may be transferred. We will provide notice before Your Personal Data is
transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under
certain circumstances, the Company may be required to disclose Your Personal
Data if required to do so by law or in response to valid requests by public
authorities (e.g. a court or a government agency).
Other legal requirements
The
Company may disclose Your Personal Data in the good faith belief that such
action is necessary to:
- Comply
with a legal obligation
- Protect
and defend the rights or property of the Company
- Prevent
or investigate possible wrongdoing in connection with the Service
- Protect
the personal safety of Users of the Service or the public
- Protect
against legal liability
Security of Your Personal Data
The
security of Your Personal Data is important to Us, but remember that no method
of transmission over the Internet, or method of electronic storage is 100%
secure. While We strive to use commercially acceptable means to protect Your
Personal Data, We cannot guarantee its absolute security.
Detailed
Information on the Processing of Your Personal Data
The
Service Providers We use may have access to Your Personal Data. These
third-party vendors collect, store, use, process and transfer information about
Your activity on Our Service in accordance with their Privacy Policies.
“Where
a data controller has an online presence, the WP29 recommends that the
controller provides a privacy notice which is layered. The data subject should
have a clear overview of the information available to them and on finding
detailed information within the layers of the notice. The Guidelines provide
that the first layer should always contain information on the processing which
has the most impact on the data subject and processing which could surprise the
data subject.”
Third Party Processors
Our carefully selected partners and service providers may
process personal information about you on our behalf as described below:
"Digital Marketing Service
Providers
We periodically appoint digital
marketing agents to conduct marketing activity on our behalf, such activity may
result in the compliant processing of personal information. our appointed data
processors include:
(i)Prospect Global Ltd (trading as
Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy
policy here http://sopro.io.
Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer
can be emailed at: dpo@sopro.io."
Analytics
We
may use third-party Service providers to monitor and analyze the use of our
Service.
- Google
Analytics
Google Analytics is a web analytics service offered by
Google that tracks and reports website traffic. Google uses the data collected
to track and monitor the use of our Service. This data is shared with other
Google services. Google may use the collected data to contextualize and
personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service
available to Google Analytics by installing the Google Analytics opt-out
browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js,
analytics.js and dc.js) from sharing information with Google Analytics about
visits activity.
For more information on the privacy practices of Google,
please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
- NextRoll
Their Privacy Policy can be viewed at https://www.nextroll.com/privacy
- SEMrush
Their Privacy Policy can be viewed at https://www.semrush.com/company/legal/privacy-policy/
- Lucky
Orange
Their Privacy Policy can be viewed at https://www.luckyorange.com/privacy.php
Email Marketing
We
may use Your Personal Data to contact You with newsletters, marketing or
promotional materials and other information that may be of interest to You. You
may opt-out of receiving any, or all, of these communications from Us by
following the unsubscribe link or instructions provided in any email We send or
by contacting Us.
We
may use Email Marketing Service Providers to manage and send emails to You.
- Mailchimp
Mailchimp is an email marketing sending service provided by The
Rocket Science Group LLC.
For more information on the privacy practices of Mailchimp,
please visit their Privacy policy: https://mailchimp.com/legal/privacy/
- Hubspot
Their Privacy Policy can be viewed at https://legal.hubspot.com/privacy-policy
- RollWorks
Their Privacy Policy can be viewed at https://www.nextroll.com/privacy
Payments
We
may provide paid products and/or services within the Service. In that case, we
may use third-party services for payment processing (e.g. payment processors).
We
will not store or collect Your payment card details. That information is
provided directly to Our third-party payment processors whose use of Your
personal information is governed by their Privacy Policy. These payment
processors adhere to the standards set by PCI-DSS as managed by the PCI
Security Standards Council, which is a joint effort of brands like Visa,
Mastercard, American Express and Discover. PCI-DSS requirements help ensure the
secure handling of payment information.
- Intuit
Quickbooks
Their Privacy Policy can be viewed at
https://www.intuit.com/privacy/statement/
- PayPal
Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
- woocommerce
Their Privacy Policy can be viewed at https://docs.woocommerce.com/document/marketplace-privacy/
When
You use Our Service to pay a product and/or service via bank transfer, We may
ask You to provide information to facilitate this transaction and to verify
Your identity.
Behavioral Remarketing
The
Company uses remarketing services to advertise to You after You accessed or
visited our Service. We and Our third-party vendors use cookies and non-cookie
technologies to help Us recognize Your Device and understand how You use our
Service so that We can improve our Service to reflect Your interests and serve
You advertisements that are likely to be of more interest to You.
These
third-party vendors collect, store, use, process and transfer information about
Your activity on Our Service in accordance with their Privacy Policies and to
enable Us to:
- Measure
and analyze traffic and browsing activity on Our Service
- Show
advertisements for our products and/or services to You on third-party
websites or apps
- Measure
and analyze the performance of Our advertising campaigns
Some
of these third-party vendors may use non-cookie technologies that may not be
impacted by browser settings that block cookies. Your browser may not permit
You to block such technologies. You can use the following third-party tools to
decline the collection and use of information for the purpose of serving You
interest-based advertising:
- The NAI’s
opt-out platform: http://www.networkadvertising.org/choices/
- The
EDAA’s opt-out platform http://www.youronlinechoices.com/
- The
DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
You
may opt-out of all personalized advertising by enabling privacy features on
Your mobile device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization
(Android). See Your mobile device Help system for more information.
We
may share information, such as hashed email addresses (if available) or other
online identifiers collected on Our Service with these third-party vendors.
This allows Our third-party vendors to recognize and deliver You ads across
devices and browsers. To read more about the technologies used by these
third-party vendors and their cross-device capabilities please refer to the
Privacy Policy of each vendor listed below.
The
third-party vendors We use are:
- Google
Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by
Google Inc.
You can opt-out of Google Analytics for Display Advertising
and customise the Google Display Network ads by visiting the Google Ads Settings
page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics
Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout
– for your web browser. Google Analytics Opt-out Browser Add-on provides
visitors with the ability to prevent their data from being collected and used
by Google Analytics.
For more information on the privacy practices of Google,
please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
- Facebook
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from
Facebook by visiting this page: https://www.facebook.com/help/516147308587266
To opt-out from Facebook’s interest-based ads, follow these
instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for
Online Behavioural Advertising established by the Digital Advertising Alliance.
You can also opt-out from Facebook and other participating companies through
the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the
Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/
or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/,
or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook,
please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
- AdRoll/RollWorks
AdRoll/RollWorks remarketing service is provided by
NextRoll, Inc.
You can opt-out of AdRoll/RollWorks remarketing by visiting
this AdRoll/RollWorks Advertising Preferences web page: http://info.evidon.com/pub_info/573?v=1&nt=1&nw=false
or the Opt Out of Personalized Advertising web page: https://help.adroll.com/hc/en-us/articles/216599538-Opting-Out-of-Personalized-Advertising
If You are a California resident, please read the
"Information For California Residents Only" section in the Privacy
Policy of NextRoll, Inc.: https://www.nextroll.com/privacy#service-13
For more information on the privacy practices of
AdRoll/RollWorks, please visit the NextRoll, Inc. Privacy Policy web page: https://www.nextroll.com/privacy
GDPR Privacy
Legal Basis for Processing Personal
Data under GDPR
We
may process Personal Data under the following conditions:
- Consent:
You have given Your consent for processing Personal Data for one or more
specific purposes.
- Performance
of a contract: Provision of Personal Data is
necessary for the performance of an agreement with You and/or for any
pre-contractual obligations thereof.
- Legal
obligations: Processing Personal Data is
necessary for compliance with a legal obligation to which the Company is
subject.
- Vital
interests: Processing Personal Data is
necessary in order to protect Your vital interests or of another natural
person.
- Public
interests: Processing Personal Data is
related to a task that is carried out in the public interest or in the
exercise of official authority vested in the Company.
- Legitimate
interests: Processing Personal Data is
necessary for the purposes of the legitimate interests pursued by the
Company.
In
any case, the Company will gladly help to clarify the specific legal basis that
applies to the processing, and in particular whether the provision of Personal
Data is a statutory or contractual requirement, or a requirement necessary to
enter into a contract.
Your Rights under the GDPR
The
Company undertakes to respect the confidentiality of Your Personal Data and to
guarantee You can exercise Your rights.
You
have the right under this Privacy Policy, and by law if You are within the EU,
to:
- Request
access to Your Personal Data. The right to access, update or
delete the information We have on You. Whenever made possible, you can
access, update or request deletion of Your Personal Data directly within
Your account settings section. If you are unable to perform these actions
yourself, please contact Us to assist You. This also enables You to
receive a copy of the Personal Data We hold about You.
- Request
correction of the Personal Data that We hold about You.
You have the right to have any incomplete or inaccurate information We
hold about You corrected.
- Object
to processing of Your Personal Data. This
right exists where We are relying on a legitimate interest as the legal
basis for Our processing and there is something about Your particular
situation, which makes You want to object to our processing of Your
Personal Data on this ground. You also have the right to object where We
are processing Your Personal Data for direct marketing purposes.
- Request
erasure of Your Personal Data. You have the right to ask Us
to delete or remove Personal Data when there is no good reason for Us to
continue processing it.
- Request
the transfer of Your Personal Data. We
will provide to You, or to a third-party You have chosen, Your Personal
Data in a structured, commonly used, machine-readable format. Please note
that this right only applies to automated information which You initially
provided consent for Us to use or where We used the information to perform
a contract with You.
- Withdraw
Your consent. You have the right to withdraw
Your consent on using your Personal Data. If You withdraw Your consent, We
may not be able to provide You with access to certain specific
functionalities of the Service.
Exercising of Your GDPR Data
Protection Rights
You
may exercise Your rights of access, rectification, cancellation and opposition
by contacting Us. Please note that we may ask You to verify Your identity
before responding to such requests. If You make a request, We will try our best
to respond to You as soon as possible.
You
have the right to complain to a Data Protection Authority about Our collection
and use of Your Personal Data. For more information, if You are in the European
Economic Area (EEA), please contact Your local data protection authority in the
EEA.
CCPA Privacy
This
privacy notice section for California residents supplements the information
contained in Our Privacy Policy and it applies solely to all visitors, users,
and others who reside in the State of California.
Categories of Personal Information
Collected
We
collect information that identifies, relates to, describes, references, is
capable of being associated with, or could reasonably be linked, directly or
indirectly, with a particular Consumer or Device. The following is a list of
categories of personal information which we may collect or may have been
collected from California residents within the last twelve (12) months.
Please
note that the categories and examples provided in the list below are those
defined in the CCPA. This does not mean that all examples of that category of
personal information were in fact collected by Us, but reflects our good faith
belief to the best of our knowledge that some of that information from the
applicable category may be and may have been collected. For example, certain
categories of personal information would only be collected if You provided such
personal information directly to Us.
- Category
A: Identifiers.
Examples: A real name, alias, postal address, unique
personal identifier, online identifier, Internet Protocol address, email
address, account name, driver’s license number, passport number, or other
similar identifiers.
Collected: Yes.
- Category
B: Personal information categories listed in the California Customer
Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number,
physical characteristics or description, address, telephone number, passport
number, driver’s license or state identification card number, insurance policy
number, education, employment, employment history, bank account number, credit
card number, debit card number, or any other financial information, medical
information, or health insurance information. Some personal information
included in this category may overlap with other categories.
Collected: Yes.
- Category
C: Protected classification characteristics under California or federal
law.
Examples: Age (40 years or older), race, color, ancestry,
national origin, citizenship, religion or creed, marital status, medical
condition, physical or mental disability, sex (including gender, gender
identity, gender expression, pregnancy or childbirth and related medical
conditions), sexual orientation, veteran or military status, genetic
information (including familial genetic information).
Collected: No.
- Category
D: Commercial information.
Examples: Records and history of products or services
purchased or considered.
Collected: Yes.
- Category
E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological
characteristics, or activity patterns used to extract a template or other
identifier or identifying information, such as, fingerprints, faceprints, and
voiceprints, iris or retina scans, keystroke, gait, or other physical patterns,
and sleep, health, or exercise data.
Collected: No.
- Category
F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
- Category
G: Geolocation data.
Examples: Approximate physical location.
Collected: No.
- Category
H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or
similar information.
Collected: No.
- Category
I: Professional or employment-related information.
Examples: Current or past job history or performance
evaluations.
Collected: No.
- Category
J: Non-public education information (per the Family Educational Rights and
Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student
maintained by an educational institution or party acting on its behalf, such as
grades, transcripts, class lists, student schedules, student identification
codes, student financial information, or student disciplinary records.
Collected: No.
- Category
K: Inferences drawn from other personal information.
Examples: Profile reflecting a person’s preferences,
characteristics, psychological trends, predispositions, behavior, attitudes,
intelligence, abilities, and aptitudes.
Collected: No.
Under
CCPA, personal information does not include:
- Publicly
available information from government records
- Deidentified
or aggregated consumer information
- Information
excluded from the CCPA’s scope, such as:
- Health
or medical information covered by the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and the California Confidentiality of
Medical Information Act (CMIA) or clinical trial data
- Personal
Information covered by certain sector-specific privacy laws, including
the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA)
or California Financial Information Privacy Act (FIPA), and the Driver’s
Privacy Protection Act of 1994
Sources of Personal Information
We
obtain the categories of personal information listed above from the following
categories of sources:
- Directly
from You. For example, from the forms
You complete on our Service, preferences You express or provide through
our Service, or from Your purchases on our Service.
- Indirectly
from You. For example, from observing
Your activity on our Service.
- Automatically
from You. For example, through cookies
We or our Service Providers set on Your Device as You navigate through our
Service.
- From
Service Providers. For example, third-party
vendors to monitor and analyze the use of our Service, third-party vendors
to deliver targeted advertising to You, third-party vendors for payment
processing, or other third-party vendors that We use to provide the
Service to You.
Use of Personal Information for
Business Purposes or Commercial Purposes
We
may use or disclose personal information We collect for "business
purposes" or "commercial purposes" (as defined under the CCPA),
which may include the following examples:
- To
operate our Service and provide You with our Service.
- To
provide You with support and to respond to Your inquiries, including to
investigate and address Your concerns and monitor and improve our Service.
- To
fulfill or meet the reason You provided the information. For example, if
You share Your contact information to ask a question about our Service, We
will use that personal information to respond to Your inquiry. If You provide
Your personal information to purchase a product or service, We will use
that information to process Your payment and facilitate delivery.
- To
respond to law enforcement requests and as required by applicable law,
court order, or governmental regulations.
- As
described to You when collecting Your personal information or as otherwise
set forth in the CCPA.
- For
internal administrative and auditing purposes.
- To
detect security incidents and protect against malicious, deceptive,
fraudulent or illegal activity, including, when necessary, to prosecute
those responsible for such activities.
Please
note that the examples provided above are illustrative and not intended to be
exhaustive. For more details on how we use this information, please refer to
the "Use of Your Personal Data" section.
If
We decide to collect additional categories of personal information or use the
personal information We collected for materially different, unrelated, or
incompatible purposes We will update this Privacy Policy.
Disclosure of Personal Information
for Business Purposes or Commercial Purposes
We
may use or disclose and may have used or disclosed in the last twelve (12)
months the following categories of personal information for business or
commercial purposes:
- Category
A: Identifiers
- Category
B: Personal information categories listed in the California Customer
Records statute (Cal. Civ. Code § 1798.80(e))
- Category
D: Commercial information
- Category
F: Internet or other similar network activity
Please
note that the categories listed above are those defined in the CCPA. This does
not mean that all examples of that category of personal information were in
fact disclosed, but reflects our good faith belief to the best of our knowledge
that some of that information from the applicable category may be and may have
been disclosed.
When
We disclose personal information for a business purpose or a commercial
purpose, We enter a contract that describes the purpose and requires the
recipient to both keep that personal information confidential and not use it
for any purpose except performing the contract.
Sale of Personal Information
As
defined in the CCPA, "sell" and "sale" mean selling,
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 valuable
consideration. This means that We may have received some kind of benefit in
return for sharing personal information, but not necessarily a monetary
benefit.
Please
note that the categories listed below are those defined in the CCPA. This does
not mean that all examples of that category of personal information were in
fact sold, but reflects our good faith belief to the best of our knowledge that
some of that information from the applicable category may be and may have been
shared for value in return.
We
may sell and may have sold in the last twelve (12) months the following
categories of personal information:
- Category
A: Identifiers
- Category
B: Personal information categories listed in the California Customer
Records statute (Cal. Civ. Code § 1798.80(e))
- Category
D: Commercial information
- Category
F: Internet or other similar network activity
Share of Personal Information
We
may share Your personal information identified in the above categories with the
following categories of third parties:
- Service
Providers
- Payment
processors
- Our
affiliates
- Our
business partners
- Third
party vendors to whom You or Your agents authorize Us to disclose Your
personal information in connection with products or services We provide to
You
Sale of Personal Information of
Minors Under 16 Years of Age
We
do not knowingly collect personal information from minors under the age of 16
through our Service, although certain third party websites that we link to may
do so. These third-party websites have their own terms of use and privacy
policies and we encourage parents and legal guardians to monitor their
children’s Internet usage and instruct their children to never provide
information on other websites without their permission.
We
do not sell the personal information of Consumers We actually know are less
than 16 years of age, unless We receive affirmative authorization (the
"right to opt-in") from either the Consumer who is between 13 and 16
years of age, or the parent or guardian of a Consumer less than 13 years of
age. Consumers who opt-in to the sale of personal information may opt-out of
future sales at any time. To exercise the right to opt-out, You (or Your
authorized representative) may submit a request to Us by contacting Us.
If
You have reason to believe that a child under the age of 13 (or 16) has
provided Us with personal information, please contact Us with sufficient detail
to enable Us to delete that information.
Your Rights under the CCPA
The
CCPA provides California residents with specific rights regarding their
personal information. If You are a resident of California, You have the
following rights:
- The
right to notice. You have the right to be
notified which categories of Personal Data are being collected and the
purposes for which the Personal Data is being used.
- The
right to request. Under CCPA, You have the right
to request that We disclose information to You about Our collection, use,
sale, disclosure for business purposes and share of personal information.
Once We receive and confirm Your request, We will disclose to You:
- The
categories of personal information We collected about You
- The
categories of sources for the personal information We collected about You
- Our
business or commercial purpose for collecting or selling that personal
information
- The
categories of third parties with whom We share that personal information
- The
specific pieces of personal information We collected about You
- If
we sold Your personal information or disclosed Your personal information
for a business purpose, We will disclose to You:
- The
categories of personal information categories sold
- The
categories of personal information categories disclosed
- The
right to say no to the sale of Personal Data (opt-out).
You have the right to direct Us to not sell Your personal information. To
submit an opt-out request please contact Us.
- The
right to delete Personal Data. You have the right to request
the deletion of Your Personal Data, subject to certain exceptions. Once We
receive and confirm Your request, We will delete (and direct Our Service
Providers to delete) Your personal information from our records, unless an
exception applies. We may deny Your deletion request if retaining the
information is necessary for Us or Our Service Providers to:
- Complete
the transaction for which We collected the personal information, provide
a good or service that You requested, take actions reasonably anticipated
within the context of our ongoing business relationship with You, or
otherwise perform our contract with You.
- Detect
security incidents, protect against malicious, deceptive, fraudulent, or
illegal activity, or prosecute those responsible for such activities.
- Debug
products to identify and repair errors that impair existing intended
functionality.
- Exercise
free speech, ensure the right of another consumer to exercise their free
speech rights, or exercise another right provided for by law.
- Comply
with the California Electronic Communications Privacy Act (Cal. Penal
Code § 1546 et. seq.).
- Engage
in public or peer-reviewed scientific, historical, or statistical
research in the public interest that adheres to all other applicable
ethics and privacy laws, when the information’s deletion may likely
render impossible or seriously impair the research’s achievement, if You
previously provided informed consent.
- Enable
solely internal uses that are reasonably aligned with consumer
expectations based on Your relationship with Us.
- Comply
with a legal obligation.
- Make
other internal and lawful uses of that information that are compatible
with the context in which You provided it.
- The
right not to be discriminated against. You
have the right not to be discriminated against for exercising any of Your
consumer’s rights, including by:
- Denying
goods or services to You
- Charging
different prices or rates for goods or services, including the use of
discounts or other benefits or imposing penalties
- Providing
a different level or quality of goods or services to You
- Suggesting
that You will receive a different price or rate for goods or services or
a different level or quality of goods or services
Exercising Your CCPA Data Protection
Rights
In
order to exercise any of Your rights under the CCPA, and if You are a
California resident, You can contact Us:
- By
email: benchmark@vertpro.com
- By
phone number: (800) 585-2690
Only
You, or a person registered with the California Secretary of State that You
authorize to act on Your behalf, may make a verifiable request related to Your
personal information.
Your
request to Us must:
- Provide
sufficient information that allows Us to reasonably verify You are the
person about whom We collected personal information or an authorized
representative
- Describe
Your request with sufficient detail that allows Us to properly understand,
evaluate, and respond to it
We
cannot respond to Your request or provide You with the required information if
we cannot:
- Verify
Your identity or authority to make the request
- And
confirm that the personal information relates to You
We
will disclose and deliver the required information free of charge within 45
days of receiving Your verifiable request. The time period to provide the
required information may be extended once by an additional 45 days when
reasonable necessary and with prior notice.
Any
disclosures We provide will only cover the 12-month period preceding the
verifiable request’s receipt.
For
data portability requests, We will select a format to provide Your personal
information that is readily useable and should allow You to transmit the
information from one entity to another entity without hindrance.
Do Not Sell My Personal Information
You
have the right to opt-out of the sale of Your personal information. Once We
receive and confirm a verifiable consumer request from You, we will stop
selling Your personal information. To exercise Your right to opt-out, please
contact Us.
The
Service Providers we partner with (for example, our analytics or advertising
partners) may use technology on the Service that sells personal information as
defined by the CCPA law. If you wish to opt out of the use of Your personal
information for interest-based advertising purposes and these potential sales
as defined under CCPA law, you may do so by following the instructions below.
Please
note that any opt out is specific to the browser You use. You may need to opt
out on every browser that You use.
Website
You
can opt out of receiving ads that are personalized as served by our Service
Providers by following our instructions presented on the Service:
- The
NAI’s opt-out platform: http://www.networkadvertising.org/choices/
- The
EDAA’s opt-out platform http://www.youronlinechoices.com/
- The
DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
The
opt out will place a cookie on Your computer that is unique to the browser You
use to opt out. If you change browsers or delete the cookies saved by your
browser, You will need to opt out again.
Mobile Devices
Your
mobile device may give You the ability to opt out of the use of information
about the apps You use in order to serve You ads that are targeted to Your
interests:
- "Opt
out of Interest-Based Ads" or "Opt out of Ads
Personalization" on Android devices
- "Limit
Ad Tracking" on iOS devices
You
can also stop the collection of location information from Your mobile device by
changing the preferences on Your mobile device.
"Do Not
Track" Policy as Required by California Online Privacy Protection Act
(CalOPPA)
Our
Service does not respond to Do Not Track signals.
However,
some third party websites do keep track of Your browsing activities. If You are
visiting such websites, You can set Your preferences in Your web browser to
inform websites that You do not want to be tracked. You can enable or disable
DNT by visiting the preferences or settings page of Your web browser.
Children’s
Privacy
Our
Service does not address anyone under the age of 13. We do not knowingly
collect personally identifiable information from anyone under the age of 13. If
You are a parent or guardian and You are aware that Your child has provided Us
with Personal Data, please contact Us. If We become aware that We have
collected Personal Data from anyone under the age of 13 without verification of
parental consent, We take steps to remove that information from Our servers.
If
We need to rely on consent as a legal basis for processing Your information and
Your country requires consent from a parent, We may require Your parent’s
consent before We collect and use that information.
Your
California Privacy Rights (California’s Shine the Light law)
Under
California Civil Code Section 1798 (California’s Shine the Light law),
California residents with an established business relationship with us can
request information once a year about sharing their Personal Data with third
parties for the third parties’ direct marketing purposes.
If
you’d like to request more information under the California Shine the Light
law, and if You are a California resident, You can contact Us using the contact
information provided below.
California
Privacy Rights for Minor Users (California Business and Professions Code
Section 22581)
California
Business and Professions Code section 22581 allow California residents under
the age of 18 who are registered users of online sites, services or
applications to request and obtain removal of content or information they have
publicly posted.
To
request removal of such data, and if You are a California resident, You can
contact Us using the contact information provided below, and include the email
address associated with Your account.
Be
aware that Your request does not guarantee complete or comprehensive removal of
content or information posted online and that the law may not permit or require
removal in certain circumstances.
Links to
Other Websites
Our
Service may contain links to other websites that are not operated by Us. If You
click on a third party link, You will be directed to that third party’s site.
We strongly advise You to review the Privacy Policy of every site You visit.
We
have no control over and assume no responsibility for the content, privacy
policies or practices of any third party sites or services.
Changes to
this Privacy Policy
We
may update Our Privacy Policy from time to time. We will notify You of any
changes by posting the new Privacy Policy on this page.
We
will let You know via email and/or a prominent notice on Our Service, prior to
the change becoming effective and update the "Last updated" date at
the top of this Privacy Policy.
You
are advised to review this Privacy Policy periodically for any changes. Changes
to this Privacy Policy are effective when they are posted on this page.
Contact Us
If
you have any questions about this Privacy Policy, You can contact us:
- By
email: benchmark@vertpro.com
- By
phone number: (800) 585-2690