Privacy

DXV Technology, LLC

Privacy Policy

Last Modified: August 28, 2020

 

1. Introduction

DXV Technology, LLC ("DXV," "us," "we," or "our," as the context may require) operates and provides the websites Terms and Conditions, as well as a suite of related CRM and contractor software applications (collectively the "Software"). The Site and the Software, together with (i) all other services provided by DXV and its affiliates and (ii) all electronic communications between DXV and its affiliates and natural persons, are hereinafter collectively referred to as the "Services."

We are committed to privacy and have adopted this Privacy Policy (this "Policy") with that in mind. This Policy outlines how and what information we collect, maintain, protect, use, disclose, store and process on and through the Services. Please read this Policy carefully to understand our policies and practices. This Policy does not apply to information collected or processed by any third party, including any content that may link to or be accessible from the Services. Please see our Terms and Conditions for information on policies of certain third parties which user may be required to accept by using portions of the Services. We encourage users and visitors of the Services (hereinafter referred to as "you" or "your," as the context may require) to pay attention to when you leave the Services and to read and understand privacy statements and notices provided by third parties.

By accessing or using the Services, you agree to and accept this Policy and our [file:///C:/Users/cweyers/AppData/Roaming/Microsoft/Word/[LINK] Terms and Conditions], which is incorporated herein by reference. In the event of any conflict between our [file:///C:/Users/cweyers/AppData/Roaming/Microsoft/Word/[LINK] Terms and Conditions]and this Policy, the terms of our [file:///C:/Users/cweyers/AppData/Roaming/Microsoft/Word/[LINK] Terms and Conditions]shall control. If you do not agree to the terms and conditions of this Policy, you may not use the Services. This Policy may change from time to time (see[file:///C:/Users/cweyers/AppData/Roaming/iManage/Work/Recent/042207.0010%20Great%20Kids_%20Inc.%20-%20Business%20Advice/[LINK] Changes to this Policy]). Your continued use of the Services following any changes to this Policy is deemed acceptance of those changes, so please check periodically for updates.

2. Information We Collect and How We Collect It

We collect or receive a variety of types of information on and through the Services, including:

• Information by which an individual (whether or not the individual providing the information) may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information by which an individual may be contacted online or offline ("personal information");
• Information about an individual, but which does not identify them, such de-identified or aggregated information;
• Information about internet connection, devices and equipment used to access the Services and usage details.

We collect or receive this information:

• Directly from you, when you provide it to us;
• Automatically as you navigate the Services;
• Through our Partners and other third party sources; and
• Via the Services, when users create information on or upload information to the Services.

 

a. Information You Provide Us

As you access, use, and interact with the Services and communicate with us, you may provide us certain information, including personal information. We may collect any information, including personal information, which you provide directly to us through the Services or when communicating with us, including without limitation:

• Name;
• Phone number;
• Email address;
• Postal address; and
• Credit card and/or billing information.

We may collect, or you may provide us information, including personal information, when you take the following actions:

• Filling and/or submitting forms on or through the Services, including information provided at the time of registration, subscription, posting material, or requesting further services. We may also ask for information when you report a problem with the Services.
• Inquire about our services and offerings.
• Place an order.
• Return an item or make an exchange.
• Conduct a search on the Services.
• Otherwise contact us or directly provide us information.

Certain features of the Services allow you to provide information to be published or displayed on public areas of the Services, or transmitted to other users of the Services or third parties (collectively, "User Contributions"). User Contributions are posted and transmitted at your own risk. Although you may set certain privacy settings for such information, please be aware that no security measures or settings are perfect or impenetrable. We cannot control the actions of other users of the Services or other third parties with whom you share User Contributions. Therefore, we cannot and do not guarantee that User Contributions will not be viewed or accessed by unauthorized persons. Please also remember that when you share information publicly it may be indexed by search engines.

b. Information We Collect Automatically

As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of visits to the Services, including traffic data, location data and other communication data and the resources that you access and use on the Services.
• Information about device and internet connections, including IP address, operating system, and browser type for you. We may associate device identifiers with specific individuals, including users of the Services.

The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Services and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize the Services according to your individual interests.
• Speed up your searches.
• Recognize you when you return to the Services.

c. Partners and Other Third Party Sources

We may obtain information from third parties, including through integrated services and workflows provided by our partners on the Services.

d. Hosted Data

Users of the Services may collect or create information, including personal information, which is provided to DXV by uploading that information to the Services ("Hosted Data"). Hosted Data includes any information uploaded to the Services by users, as the Services may permit from time to time, including without limitation: name, phone number, email address, postal address and billing information.

Consistent with our [file:///C:/Users/cweyers/AppData/Roaming/Microsoft/Word/[LINK] Terms and Conditions], the users of the Services who provide or create Hosted Data are responsible for the Hosted Data, not us. We reserve the right to review and remove Hosted Data, or to require users to change the manner in which they provide, create, use, replicate, or store Hosted Data if we determine, in our sole discretion, that such Hosted Data or practices related thereto are in any way inconsistent with our policies or unlawful.

3. How We Use and/or Share Information

We may use information that we collect or that you provide to us, including personal information:

• To present the Services and its contents.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which it is provided.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to the Services or any products or services we offer or provide though it.
• To provide you with notices about your account and/or subscription, including expiration and renewal notices.
• In any other way we may describe when you provide information.
• For any other purpose with your consent.

When you contact us, we keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements. We use information collected from cookies and other technologies, like tags, to improve your user experience and the overall quality of the Services. For example, by saving your preferences, we'll be able to have our services appear in the settings you prefer. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized products and services.

We do not sell, rent, trade or otherwise disclose personal information, except as described in this Policy or with your consent. We may share your information among our affiliates. We may from time to time transfer information to third parties who analyze such information on our behalf. We also may share the information with third-party service providers we have retained to perform services on our behalf to help with our business activities. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements.

We may use the name you provide for your account or profile on the Services across all of the services we offer that require an account or profile. In addition, we may replace past names associated with your account or profile on the Services so that you are represented consistently across the Services. If other users already have your email, or other information that identifies you, we may show them your publicly visible account information, such as your name and photo. If you have an account or profile on the Services, we may display your name, photo, and actions you take on the Services connected to your account or profile (such as pricing, reviews you write and performance and comments you post), including displaying in ads and other commercial contexts.

We may share information other than personal information publicly and with our partners, – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.

If your account with or use of the Services is managed by an administrator, then your account administrator and resellers who provide user support to your organization will have access to your account information (including your email and other data). Your administrator may be able to:

• View statistics regarding your account, like statistics regarding applications you install.
• Change your account password.
• Access or retain information stored as part of your account.
• Receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
• Restrict your ability to delete or edit information or privacy settings.

If the ownership of all or substantially all of our business changes or we otherwise transfer all or part of our assets relating to our business or the Services to a third-party, such as by merger, acquisition, bankruptcy proceeding, joint venture, partnership or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless you agree differently or unless otherwise permitted by applicable law, your information would remain subject to the terms and conditions set forth in this privacy policy.

DXV may take personal information and aggregate or anonymize data so that it is no longer identifiable. We may use this information to enhance the features of the Services. We may also sell or license this aggregated information to third parties or publish the information. DXV will take reasonable precautions to ensure that such aggregated information does not contain any confidential or otherwise identifiable data that could be used to identify its source.

We may combine information, including personal information, from one portion of the Services with information, including personal information, from other portions of the Services. Activity on other sites and apps may be associated with your personal information in order to improve the Services and the ads we deliver.

We may also disclose information if required to do so by law or in the good faith belief that such action is necessary or advisable, including without limitation: (i) to satisfy applicable law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation or arbitration; (iv) to enforce the our policies, contracts or other rights; (v) to collect amounts owed to us; or (vi) to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity. In addition, from time to time, server logs may be reviewed by third party forensic investigators and other technology professionals for security purposes (e.g., to detect unauthorized activity on the Services). In such cases, server log data containing IP addresses may also be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.

Except as set forth in this Policy, DXV will not sell or share your personal information to or with any other organization without your consent.

4. Choices About How We Use and Disclose Information

We strive to provide you with choices regarding the personal information you provide to us. See the information below regarding mechanisms which provide you control(s) over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of the Services may then be inaccessible or not function properly.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative on that group's website.

 

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: [email protected]. However, please know we do not currently sell data triggering that statute's opt-out requirements.

 

5. Accessing and Correcting Personal Information

We strive to provide users with ways to update, correct, or delete their personal information on the Services, subject to applicable law and legitimate business or legal purposes which may exist for not allowing correction or deletion of personal information.

When updating your personal information, we may ask you to verify your identity before we can act on your request. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems that does not belong to you). Where we determine that we will provide access to, or deletion or correction of personal information, we will do so for free, except where it would require a disproportionate effort.

Subject to this Policy, users may review, change, and in some cases delete personal information by logging into the Services and managing such personal information through their account. Users may also contact us via the methods described in [file:///C:/Users/cweyers/AppData/Roaming/iManage/Work/Recent/042207.0010%20Great%20Kids_%20Inc.%20-%20Business%20Advice/[LINK] Contact Us]to request access to, correct or delete any personal information that you have provided to us. Unless otherwise required by applicable law, we may not accommodate a request to access, change or delete information if we believe in good faith that such action would (i) violate any law or legal requirement, (ii) cause the information to be incorrect, or (iii) otherwise be inadvisable or inappropriate.

We aim to maintain the Services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from the Services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems. Please also note that if you delete information that was published to a public portion of the Services or was visible to other users of the Services or third parties for any reason, this information may remain viewable in cached or archived pages, or might have been copied or stored by other users of the Services or third parties to whom it was available. Proper access and use of information provided on the Services is governed by our [file:///C:/Users/chruska/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/NZ6S1ATE/[LINK] Terms and Conditions].

6. Transfer of Personal Information

DXV is based in the United States and the Services are designed for users from the United States and Canada. Any information collected through the Services or electronic communications as described in this Policy may be stored and processed in the United States or any other country in which we, our affiliates, or our service providers maintain facilities. The United States is not recognized as having adequate safeguards. If you are located outside of the United States, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the United States.

7. Retention

We will retain the personal information we receive as described in this Policy for as long as necessary to fulfill the purpose(s) for which it was collected, provide our services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, comply with applicable law, and in accordance with our routine information storage policies and practices.

8. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The Services has reasonable technical and organizational security measures in place to protect the loss, misuse or alteration of information under our control. These include: (i) encrypting many of our services using SSL, (ii) reviewing our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems, and (iii) restricting access to personal information to our employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Services. Any transmission of information, including personal information, is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

If you believe your information or your account has been accessed in an unauthorized manner, please contact us immediately via the methods described in [file:///C:/Users/cweyers/AppData/Roaming/iManage/Work/Recent/042207.0010%20Great%20Kids_%20Inc.%20-%20Business%20Advice/[LINK] Contact Us].

9. Children's Privacy

The Services are not directed to nor intended for use by children under 18 years of age. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Services or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us via the methods described in [file:///C:/Users/cweyers/AppData/Roaming/iManage/Work/Recent/042207.0010%20Great%20Kids_%20Inc.%20-%20Business%20Advice/[LINK] Contact Us].

10. Governing Law

Unless otherwise required by applicable law, this Policy, and our collection and use of personal information, shall be governed and interpreted in accordance with the laws of the United States and the State of Iowa. Unless prohibited by law, any disputes arising out of this policy shall be adjudicated in a federal or state court of competent jurisdiction in the State of Iowa.

11. Changes to this Policy

It is our policy to post any changes we make to this Policy on this page. The date the privacy policy was last modified is identified at the top of the page. If changes to this Policy are significant, we may provide additional notices, including, for certain services, email notification of privacy policy changes. You are responsible for periodically visiting this page and reviewing this Policy to check for any changes.

12. Contact Us

We encourage you to contact us if you have any concerns regarding this Policy or our privacy practices. You can contact us by:

• sending an email to [email protected],
• writing to us at800 White St., Suite #200, Dubuque, IA 52001, or
• calling us at 855-819-8002.