Please read this Policy carefully. By accessing and using the Services, the individual end-user (also referred to as “you” or “your”) agree to be bound by the terms of this Policy. If you do not agree with the terms of this Policy, you should immediately cease all use of the Services.
WHAT IS PERSONAL INFORMATION?
“Personal Information” means information that uniquely identifies, relates to, describes, or is reasonably capable of being associated with or linked to you. Examples of Personal Information include, among others, name, email address, phone number, mailing address, and online identifiers.
TYPES OF PERSONAL INFORMATION WE COLLECT
Personal Information that you provide to PTO Genius. In various places and forms within the Services, we may request you provide certain Personal Information. For example, to contact us, we will request you provide us your name, name of company/employer, and email address. We will indicate on the applicable form whether a particular field of Personal Information is mandatory or optional. If you choose not to provide the requested Personal Information, we may not be able to provide the requested Services.
Log File Information
When you use the Services, our servers automatically record Personal Information, including IP Address, browser type, referring URLs (e.g. the website you visited before coming to the Services), domain names associated with your internet service provider, information on your interaction with the Services, and other such information (collectively, “Log File Information”). We may also collect similar information from emails sent to you which then help us track which emails are opened and which links are clicked by recipients. We use Log File Information to improve the functionality and content of the Services and to secure the services by identifying potential threats and vulnerabilities.
HOW WE USE PERSONAL INFORMATION
We use or in the future may potentially use Personal Information for the following purposes:
Offering the Services to you,
Administering and improving the Services,
Personalizing your experience with the Services,
Facilitating support services,
Processing your transactions within the Services,
Communicating with you,
Sending marketing, advertisement, or promotional materials to you,
Protecting our property and legal rights,
Meeting legal obligations,
For other purposes related to the reasons for which you provide Personal Information.
SHARING OF PERSONAL INFORMATION
We will not share Personal Information without your consent, except as set forth in this Policy:
Service Providers. We engage service providers to help operate the Services, process payments, or perform administrative tasks. We may grant certain service providers access to Personal Information as necessary to perform the services for which we engaged them.
Companies Involved in Mergers and Acquisitions Transactions. If we sell or otherwise transfer part or the whole of our business or assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), Personal Information may be transferred along with the business. When legally required we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.
Law Enforcement, Government Agencies, and Courts. When we have a good faith belief that access, use, preservation or disclosure of Personal Information is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Service or any additional agreements we have entered into with you, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect you, the public, or our rights, property, or safety against harm.
PROTECTION OF PERSONAL INFORMATION
We use commercially reasonable measures within the Services to help secure and protect Personal Information from unauthorized access or acquisition, such as, industry-standard encryption technology. Despite these efforts to store Personal Information in a secure environment, we cannot guarantee the security of Personal Information during its transmission or its storage. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.
RETENTION AND DELETION
As discussed above, in Section 3 (How We Use Your Personal Data), we keep your Personal Information only as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. In some circumstances, we may de-identify, aggregate, or otherwise anonymize your Personal Information consistent with applicable laws and industry standards so that it can no longer be associated with you, in which case it is then treated as non-personal information.
We do not knowingly collect or solicit Personal Information directly from anyone under the age of 16. If you are under 16 years old, please do not send any Personal Information about yourself to us through the Services or offline.
LINKS TO THIRD-PARTY WEBSITES
We are not responsible for the practices employed by any non-PTO Genius operated website or service linked to or from the Services, including the information or content contained therein. A link to a third-party’s website should not be construed as an endorsement. We encourage you to investigate and ask questions before disclosing Personal Data to third parties.
OPTING OUT OF RECEIVING ELECTRONIC COMMUNICATIONS
To provide you information regarding the Services, we may send you promotional materials or other information via email (“Communications”). You may choose to stop receiving Communications by clicking on the conspicuous “Unsubscribe” link located at the bottom of any email we send to you. Please note that certain Communications are necessary for the proper functioning and use of the Services and you may not have the ability to opt out of those Communications.
This Section applies to residents of California.
Applicable Law: If applicable, when handling Personal Information belonging to a resident of California, we will use reasonable efforts to comply with the California Consumer Privacy Act of 2018, as amended from time to time (the “CCPA”). When we use the term “Personal Information” in the context of the CCPA, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household.
Categories of Personal Information Collected, Used, and SharedWe may have collected and shared the following categories of Personal Information within the past twelve (12) months:
Identifiers – Name, IP address, email address, and online identifiers.
Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) –e.g., Name, email address, name of employer, and payment information. Some Personal Information included in this category may overlap with other categories.
Internet or other similar network activity – Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Professional or employment-related information – Current employer.
We may share your name, email address, and payment information for the sole purpose of providing the Services to you.
Rights If you are a resident of California, you may have the following rights:
Right to request a copy of the Personal Information that we collected about you in the twelve (12) months preceding your request.
Right to request we correct or update the Personal Information that we collected about you in the twelve (12) months preceding your request.
Right to request information on the categories of personal information that we have collected about you in the twelve (12) months preceding your request, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You may also have the right to request information on the categories of Personal Information which were disclosed for business purposes, and the categories of the recipient third parties in the twelve (12) months preceding your request for your Personal Information.
Right to request that we delete Personal Information that we collected from you.
Right to opt-out of certain disclosures of Personal Information to third-parties, if such disclosures constitute a “sale” under California law.
Exercise Rights: If applicable, to exercise your rights above, please submit a request to the email address indicated below in Section 13. Please note: you will not be discriminated against in any way by virtue of your exercise of the rights listed below, which means we will not deny goods or services to you, charge you different prices or rates for goods or services to you, or provide a different level or quality of goods or services to you. We must verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification. If you are an authorized agent making a request on behalf of a California consumer, we will also need to verify your identity, which may require proof of your written authorization or evidence of a power of attorney. We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete Personal Information, we may retain Personal Information that we need to retain for legal purposes (e.g., accounting). The CCPA gives California Consumers the right to lodge a complaint with the California Attorney General’s office. The Attorney General’s office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.
INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA AND UNITED KINGDOM
This Section applies to individuals in the European Economic Area (“EEA”) and/or in the United Kingdom (“UK”).
Applicable Law: If applicable, when handling Personal Information belonging to an individual within the EEA and/or the UK, at the time of collection, we will use reasonable efforts to comply with European and UK law (collectively, the “GDPR”), as amended from time to time.
To the extent we process your Personal Information in order to provide you with the Services and information you request, or to respond to correspondence that we receive from you, we process your Personal Information to engage and manage our contractual relationship with you and/or to comply with a legal obligation.
To the extent we process your Personal Information in order to contact you via email and otherwise about the Services or other content that we think might be of interest to you, including promotions and newsletters, we engage in these activities based on our legitimate interests, and if required by applicable law, with your consent.
To the extent we process your Personal Information in order to send you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, we engage in these activities with your consent.
To the extent we process your Personal Information in order to maintain or administer our Services, perform business analyses, or for other internal purposes to improve the quality of our business, our Services, and other products and services we offer, we engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest.
We may also process your Personal Information as otherwise described to you at the point of collection or pursuant to your consent.
Rights: If you are an individual in the EEA and/or the UK at the time we collect your Personal Information, you may have the following rights:
Right to request access to, to correct, to update, to suppress, to restrict, or to delete your Personal Information.
Right to object to or opt of the processing of your Personal Information, as described herein.
Right to withdraw your consent to our use of your Personal Information, as described herein (which will not affect the lawfulness of processing prior to the withdrawal).
Right to request that we provide you a copy of your Personal Information for purposes of transmitting it to another company (as reasonable).
Exercise Rights: If applicable, to exercise your rights above, please submit a request to the email address indicated below in Section 13. In your request, please make clear what Personal Information your request applies to, if you want your Personal Information corrected or updated, or if you want your Personal Information suppressed or deleted from the Services. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion).
UPDATES TO THIS POLICY
We may modify or update this Policy from time to time, so please review it periodically. If we make a change to this Policy that, in our sole discretion, is material, we will notify you as appropriate under the circumstances. Unless otherwise indicated, any changes to this Policy will apply immediately upon posting to the Services.
HOW TO CONTACT US
If you have any questions or concerns about this Policy, please contact us at: