Effective Date: March 28, 2022
Table of Contents
- 1. What Information Do We Collect?
- 2. How Do We Use the Information Collected?
- 3. How and When Do We Disclose Information to Third Parties?
- 4. Ads and Information About You
- 5. What About Information I Disclose Publicly or to Others?
- 6. Do Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Service?
- 7. How Do I Change My Information?
- 8. What About Transfer of Information to the United States?
- 9. What Should Parents Know About Children?
- 10. What About Security?
- 12. Information on Opt-out of Campaigns for our Clients Users
- 13. Supplemental Privacy Notice For Residents of the EU and EEA
1. What Information Do We Collect?
B. Information We Collect and Store As You Access and Use the Service. In addition to any Personal Information or other information that you choose to submit to us via our Service or we obtain as a service provide to our Clients, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect and store certain information whenever you visit or interact with our Service or messages sent through our Service (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Service. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information with your Personal Information, we will treat it as Personal Information. This Usage Information may include:
- your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our Service;
- the areas within our Service that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
We may use various methods and technologies to collect and store Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
- Cookies. A cookie is a data file placed on a Device when it is used to visit the Service. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies, go to Adobe’s website www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Service may not function properly, and that when you revisit our Service your ability to limit cookies is subject to your browser settings and limitations.
- Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Service’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page, message or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.
- Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
- ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.
- Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
We may use Tracking Technologies for a variety of purposes, including:
- Targeting Related. We may use Tracking Technologies to deliver content relevant to your interests on our Service and third party sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that have been delivered to you.
E. Information You Provide About a Third Party. You may send someone else a communication from the Service, such as sending an invitation to a friend. If so, the information you provide (names, email addresses, mobile number, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your email address, mobile number, name or user name and message may be included in the communication sent to your addressee(s).
F. California / Delaware Do Not Track Disclosures. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
2. How Do We Use the Information Collected?
We may use your Personal Information, Demographic Information or Usage Information for various purposes, including:
- to provide the mobile marketing services to our Clients that we have specifically been engaged to provide as a service provider;
- to process transactions or provide users of our Service with information, such as to send electronic newsletters or to provide special offers or promotional and marketing materials on behalf of us, or Client’s or third parties, including to let users know about new products, services or upcoming events;
- to improve the Service, our Service offerings and our Client’s campaigns;
- to customize each user’s experience or to serve users specific content or ads that our Clients believe are relevant to that user;
- to provide customer support;
- to enable you to participate in a variety of the Service’s features;
- to contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or Service’s policies;
- to improve the overall experience at the Service;
- for internal business purposes; and
3. How and When Do We Disclose Information to Third Parties?
A. When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools apps or ads on our Service or link to them from our Service. This may include using third party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third party practices. It may also include ordering or purchasing products from third parties through us where we indicate that the third party rather than us is the seller. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
B. Third Parties Providing Services on our Behalf. We may use third-party vendors to perform certain services on behalf of us, the Service or our Client’s, such as: (i) to assist us in operations; (ii) to manage a database of customer information; (iii) hosting; (iv) designing and/or operating features; (v) tracking activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them. For example, we and our third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie). To learn more about how to opt out of Google’s use of the Google Analytics cookies, visit here. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
D. Affiliates and Business Transfer. We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
E. Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
F. Your California Privacy Rights. We may elect to share information about you with third parties for those third parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2019 will receive information about 2018 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please send an email to: help@ProfitNow Inc.com with “California Privacy Rights” as the subject line. You must include your full name, email address, and postal address in your request.
4. Ads and Information About You
Further, while we may use a variety of companies to serve advertisements on the website, you may wish to visit http://www.networkadvertising.org/choices, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver targeted content and/or ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different device or change web browsers, your NAI opt-out may not, or may no longer, be effective. Additional information is available on the NAI’s website accessible by the above link. You may also opt-out of receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices. E.U. residents who wish to opt-out of receiving Behavioral Ads may do so by visiting http://www.youronlinechoices.eu. Canadian residents who wish to opt-out of receiving Behavioral Ads may do so by visiting http://youradchoices.ca/choices. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.
5. What About Information I Disclose Publicly or to Others?
A. User Content and Public Information. The Service may permit you to share or otherwise submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content including Personal Information (collectively, “User Content”). We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that ProfitNow Inc does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.
6. Do Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps Appear on the Service?
The Service may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Service are served to you for their own commercial purposes. In addition, when you are on the Service you may be directed to other sites and apps that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Service onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies. We are not responsible for these third-party privacy policies or the practices of third-party parties. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
7. How Do I Change My Information?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. You may to provide updates and changes to your Personal Information by contacting us via email at help@ProfitNow Inc.com. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons.
8. What About Transfer of Information to the United States?
9. What Should Parents Know About Children?
The Service is a general audience platform and we do not knowingly collect any personal information from children younger than the age of thirteen (13) as required by U.S. law. We will delete any personal information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personal information to us, please contact us via email at help@ProfitNow Inc.com.
10. What About Security?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.
12. Information on Opt-out of Campaigns for our Clients’ Users
Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. You may opt-out from receiving messages from an ProfitNow Inc Client at any time by texting “STOP”, “REMOVE”, “CANCEL”, “OPTOUT”, “OPT OUT” “UNSUBSCRIBE”, “END” or “QUIT”. to an individual Client’s unique 10 digit number. To opt-out from the Service entirely and all Clients which you receive text messages and/or calls from, please send an email to help@ProfitNow Inc.com and specify that you want to opt out of text messages and/or calls or both. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. You may also request assistance at any time by texting “HELP” or emailing us at help@ProfitNow Inc.com. We will send you a SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us unless you opt-in to a different campaign. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. As always, message and data rates may apply for any messages sent to you from us and to us from you.
13. Supplemental Privacy Notice For Residents of the EU and EEA
This Supplemental Privacy Notice provides additional information on how we process personal data that we collect or receive from residents of the EU and EEA and provides information as relates to EU users’ rights, and Company’s responsibilities, under the EU General Data Protection Regulation (“GDPR”).
Data Controller and Local Representative
ProfitNow Inc is the data controller of your personal data and we are based in the United States. If you are located or a resident of the EU and believe that your data protection rights under the GDPR have been infringed, please contact our Data Protection Officer who can be reached at help@ProfitNow Inc.com. If you feel that your request or concern has not been satisfactorily resolved by us, you may also contact your local data protection authority, see: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en.
Legal Basis for Processing EU personal data
ProfitNow Inc may processes the personal data of EU users based on one (1) or more of the legal bases below:
- Legitimate Interest. We may process your personal data as required to pursue our legitimate business interests, provided our legitimate interests are not overridden by your rights and interests. For example, we may process your personal data, to manage, develop and improve our products and services; support our customers and sales operations; protect our staff and assets; communicate information that supplements our products and services and ensure compliance with laws and regulations.
- Performance of an agreement. We may process your personal data to enter into agreements with you or to fulfil our obligations under agreements with you or your organization. This may include delivering and managing our products and services or allowing customers to use our products, services and supporting tools.
- Legal obligation. We may process your personal data to comply with applicable laws and regulations, establish or exercise our legal rights. For example, in connection with legal claims, compliance, regulatory and investigative purposes.
- Consent. In some instances, we may process your personal data based on your consent. This is most common where we cannot rely on an alternative legal basis or we are required by law to ask for your consent in the context of some of our sales and marketing activities, online data collection tools, or surveys. Where the processing of your personal data by us, is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us at help@ProfitNow Inc.com.
Data Retention Period
We retain transaction data and other personal data for a period of time that is necessary to fulfill a legitimate business purpose and deleting or de-identifying the information thereafter, except where longer retention periods are required by law. We retain unsubscribe requests permanently to comply with our obligation to refrain from sending marketing emails after receipt of an opt-out request.
Your Rights under the GDPR
You have the following rights under certain circumstances:
- Request access or copies of the personal data ProfitNow Inc processes about you;
- Correct or rectify your personal data, if inaccurate or incomplete;
- Delete your personal data, unless an exception applies. For example, we may need to keep your personal data to comply with our legal obligations;
- Restrict the processing of your personal data, in certain circumstances. For example, if you contest the accuracy of your personal data, you may request that we restrict the processing of your personal data for the time it takes us to verify the accuracy of the data;
- Data portability, in certain circumstances. In order to deliver our products and services, however, we cannot transmit your personal data to another organization; and
- Object to processing of your personal data, in certain circumstances. For example, you may object to direct marketing including the use of your personal data for direct marketing profiling or where we process your personal data because we have legitimate interest in doing so.
These rights may be limited in some situations where we can demonstrate that ProfitNow Inc has a legal obligation or legitimate interest to process your personal data.
To exercise your rights explained above, please contact us by email ( gus @ ProfitNow .com ) with the details of your request.