Privacy Policy

Date of Posting: 09/27/2024

ProtectDataPrivacy.com (“DataProtect,” “We,“ or “us”) offers software as a service for privacy and data management. Our software provides systems by which our Clients can accept, process, and manage state privacy requests from consumers in the U.S. (“Services”). Any information collection on behalf of our Clients is governed by their privacy policy and data management procedures and not ours. Our Clients are the Controllers (the party that sets out the manner, methods, purposes, and means of collecting Personal Information) for any Personal Information related to their business or consumer information used in connection with their services. We act as a Processor (party that processes Personal Information at the direction and instruction of the Controller) in accordance with an applicable Service Provider Agreement (“Agreement”) we have with our Clients. Data ownership, sharing, and legal obligations of the Controller and Processor, is contractually agreed upon and we are bound by such Agreements. Any consumer who has questions regarding our form or our Clients collection practices should directly communicate to the company utilizing our software and not us.

This Privacy Policy covers Personal Information that ProtectDataPrivacy collects through our Website, or our business systems related to our business only as a Controller. It is designed to inform persons visiting our Website or seeking more information about our software and services how we collect, use, disclose, store, and share their Personal Information.

INFORMATION COLLECTION.

We collect the following categories of information about you when you visit our Website, or contact us for any reason, or when you provide it to third-parties who have shared it with us. We may collect information that personally identifies, relates to, describes, or is capable of being associated with you (collectively “Personal Information”), including:

Personal Information, which may include your name, physical address, email address, phone number, mobile number, and identity information relating to data used to identify an individual.
Commercial information, which may include records of your purchases of services from us or third-parties; as well as profile information relating to your interests, feedback, communication preferences, Client service or sales communications, or information related to your interests, history, or tendency toward products and services, articles, and the like. We may also collect your social media information such as your profile information from social media sites and if you have posted personal information there, we may collect that as well.
Your internet or other electronic network activity information, which includes your IP address, log data, analytics data, device ID, and other data collected through pixels, cookies, web beacons, JavaScript, and similar technologies on our and third-party websites. This may also include your browsing history, search history, and your interaction with a website, app, or advertisement.
Your Geographical location, when we collect your IP address, we collect your general geographic location when viewing our Website. If you provide your address in response to a prompt or through communications with us, then we collect your precise geo location.
Recording your calls to us and movement through our Website, where permitted by law, we may record phone calls between us or our Client service providers. We may also implement technology on our Website which tracks and captures your browsing and use of Services while on our Website.
Inferences from other Personal Information, we use all of the information we collect, and third-parties provide from you, to draw an inference about interests and preferences you would like us to use based on our and third-party’s analysis of your trends and this may include making a profile of you which includes all information we or they have collected, and this may result in a profile of your likes and dislikes.
No Information Collected from Children. We will never knowingly collect any Personal Information from anyone under the age of 16. If we accidently do collect such information, we delete the same upon notice.

2. INFORMATION COLLECTED THROUGH TECHNOLOGY ON OUR WEBSITE.

(a) Generally. We, our service providers, and third-party vendors use technologies such as cookies, web beacons, and java scripts to collect information about you. Using these technologies, we collect your IP addresses, browser type, ISP, referring/exit pages, operating system, date/time stamp, and/or clickstream data. We use this to analyze trends, monitor and update our Website, and gather demographic information about our visitor base, as a whole, to improve our Website and marketing. We may create reports or logs based on these technologies on an individual or aggregated basis. California residents should be advised we do not respond to do not track signals or cookies.

(b) Web Beacons. We use Web Beacons to collect information about your visit to our Website, measure and improve the effectiveness of advertisements, and track delivery of content. Web Beacons collect only a limited set of information including a cookie number, time, and date of page view, as well as a description of the page on which the Web Beacon resides. Because Web Beacons are the same as any other content request, you cannot opt-out or refuse them. However, they can be rendered ineffective by either opting-out of cookies or changing the cookie setup in your browser.

(c) Pixels. A pixel tag (a type of web beacon) is a piece of code embedded in the Services that collects information about engagement on the Services. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on particular content.

3. COOKIE POLICY. A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and are called first-party cookies. The only cookies we have on our website are necessary cookies. These cookies are necessary for our Website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as logging in, or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information. We also use Google ReCAPTCHA services for security and systems functioning.

4. INFORMATION RECEIVED FROM THIRD-PARTY SOURCES.

We may acquire Personal Information from other sources as follows:

Service Providers. We use third-party service providers to support our Website, Services, and business processes including without limitation, identifiers, internet and electronic network activity, general geo location, and inferences.
Third-Parties. We may obtain Personal Information about you from third-party sources, including commercially or government provided or available sources, social media platforms such as LinkedIn, as well as companies which assist us in our marketing efforts. This information may include your name, general geographic information, IP Address, and publicly-observed data.
Combining Information. We may combine the Personal Information we receive from you, third-parties, and information we automatically collect through the Websites and/or Services, as well as information collected from other online or offline sources, including from third-party sources. This will provide us with a profile of you which we may be able to use for provision of our services to you as well as identify other products and services that may interest you.

5. USE OF INFORMATION.

We use the Personal Information we collect from and about you for any of the following business purposes:

To provide our Website and/or Services to you. To analyze, improve, operate, and maintain our Websites, Services, and systems, or develop new products, services, or marketing.
To carry out our obligations and enforce our rights arising from any contracts entered into between you, us, our Clients, service providers, or third-parties, involving the services or products you or they have requested.
To improve our marketing efforts.
To determine the effectiveness of our marketing programs, including use of your data in an aggregated non-specific format for analytical and demographic purposes.
Development of new products and Services or improve our products and Services and ensure internal quality control and safety.
Verify individual identity when necessary, carry out audits, prevent prohibited or illegal services or security protocols, communicate with you about activities on the Services, and changes to our agreements, and prevent and prosecute potentially prohibited or illegal activities.
Comply with our legal obligations and security of our Website, databases, and Systems.

6. SHARING AND SALE OF INFORMATION.

(a) Generally. Except where precluded by law or our contractual agreements, all information, including the personal information (including your name and email), may be disclosed to service providers, technology consultants and other parties we employ to perform Services on our behalf. 

(b) Website Functionality. We share all categories of information set out in this policy with third-party service providers we employ to perform technical or analytical functions on our behalf. Examples include third-parties who host our Website, analyze our data, provide marketing assistance, and provide Client Services.

(c) Anonymized Information. We may share aggregated anonymous information about you, combined with Service Providers and other third-party vendors and Clients for analysis, promotion, and marketing. This includes demographic information and behavioral information.

(d) Enforcing Our Rights. We may disclose and share your information to enforce or apply our terms of service or other agreements, including for billing and collection purposes, with Clients, third-party service providers, and other third-parties or contractors, or to protect the security of our Websites, servers, network systems, and databases and enforce our contractual rights with these parties.

(e) Legal Process. We disclose your information, if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to: (i) conform to legal requirements or comply with legal process; (ii) protect our rights, property, or our affiliated companies; (iii) prevent a crime or protect national security; or (iv) protect the personal safety of users or the public.

(f) Acquisition or Merger. We may disclose and transfer your information to a third-party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we, our liquidator, administrator, receiver, or administrative receiver may sell, license, or otherwise dispose of, such information in a transaction approved by the court.

7. STORAGE AND SECURITY OF INFORMATION.

We use reasonable industry-accepted technology and controls to protect your information and data from disclosure to unauthorized third-parties. This includes firewalls, secured facilities, and logged and limited access. Although mostly effective to prevent disclosure, no guarantee can be given that all information you provide to us will not be accessed by unauthorized persons. Thus, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. Any transmission of data to us or through our Website, is at your own risk.

8. CHANGE TO THIS PRIVACY POLICY.

We have the right to make material changes to this Privacy Policy. We will post those changes through a prominent notice on the Website with no further notice to you. Please review this policy often so that you will always know what information we gather, how we might use that information, and with whom we disclose, share, and sell it.

9. STATE RESIDENT SUPPLEMENTAL NOTICE.

State Rights. You may have certain rights relating to your Personal Information, depending on your location and subject to local applicable laws. These rights may include, subject to any exceptions or limitations:

The right to know what Personal Information is being collected and for what purpose.
The right to know what Personal Information is being “sold” or “shared,” for what purpose, and the categories of recipients of your Personal Information.
The right to access your Personal Information.
The right to have your Personal Information rectified, corrected, or updated.
The right to have your Personal Information deleted, including from any third-parties where your Personal Information has been sold, shared, or disclosed.
The right to opt-out of the “sale” or “sharing” of your Personal Information.
The right to object to the processing of your Personal Information.
The right not to be subject to any automated decision making and profiling.

To exercise any of these rights, please submit your request using our online form; or Phone Submissions to (866) 259-7740.

We will review your verifiable privacy rights request (“Privacy Rights Request”) and respond to you as quickly as possible. If we are unable to comply with your request due to an exception or limitation, we will explain this in writing. If we need more time, we will inform you of the reason and extension period in writing.

If you would like an authorized agent to make a Privacy Rights Request on your behalf, the agent may do so by filling out this request form. We will ask for written, signed permission that the agent has been authorized to act on your behalf. Once written authorization is provided, we will review your Privacy Rights Request and respond to you as quickly as possible. We will respond directly to your email address unless you request submission to the authorized agent regarding the fulfillment of the Privacy Rights Request.

In certain circumstances, we may decline a privacy rights request, particularly when we are under a legal requirement not to honor the request, and we will notify you of our decision and the basis for such decision.

Right to Appeal – California and Colorado. If we do not take action on your Privacy Rights Request within the 45 days response period, or in the event of an extension, within the maximum 90-day response period, we will inform you in writing of the reasons for not taking action, as well as provide an explanation of any rights you have to appeal the decision.
Right to Appeal – Virginia and Connecticut. You have the right to appeal a refusal to take action on a Privacy Rights Request within a reasonable period of time after your receipt of our decision. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you will be provided with a method through which you may contact the Attorney General of Virginia, if you are a Virginia resident, or the Attorney General of Connecticut, if you are a Connecticut resident, to submit a complaint.
California and Delaware "Do Not Track". California and Delaware requests us inform you of whether we honor your browser’s “Do Not Track” settings concerning targeted advertising. We adhere to the standards set out in this Notice and do not monitor or respond to Do Not Track browser requests.

10. RETENTION OF PERSONAL INFORMATION.

We retain Personal Information as long as is reasonably necessary to fulfill the purpose for which it was collected, as required by an applicable law, rule, regulation, or contractual provision. We will retain your Personal Information for our contractual purposes or in the event you request deletion of your Personal Information. To determine the appropriate duration of the retention of Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of Personal Information, and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting, and other applicable obligations.

We retain Personal Information for as long as you continue to use our Websites and/or Services for the purposes explained in our Privacy Policy or our contract. When you discontinue the use of our Websites or Services, we will retain your Personal Information for as long as necessary to comply with our legal obligations, to resolve disputes, and defend claims, as well as, for any additional purpose based on the choices you have made. In particular, we will retain Personal Information provided, including complaints, claims, and any other Personal Information provided during the duration of your contractual agreement with us for the services until the statutory limitation periods have expired and the necessary for the establishment, exercise, or defense of legal claims.

Once retention of the Personal Information is no longer necessary for the purposes outlined above, we will either delete or de-identify the Personal Information or, if this is not possible (for example, because Personal Information has been stored in backup archives), then we will securely store the Personal Information and isolate it from further processing until deletion or de-identification is possible.