Truabilities, LLC and Ntooitive Digital LLC
Last modified: December 5, 2022
Please read this Policy carefully. By accessing, reviewing, installing, or using the Services, you indicate that you have read, understood and agree to this Policy, and you consent to all actions taken by us with respect to your information in compliance with this Policy. If you do not want to agree to this Policy, then you must not access or use the Services.
We reserve the right to change or amend this Policy at any time. Please see the “Changes to this Policy” section for details. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
Please note that some of our Services, specifically our plugins available for purchase and download, are designed to interact with your website. If you do not want our plugin to access and interact with your website, its content, and related information or data, then do not download or use the plugin Services. Please also note that we provide services, tools, plugins, and other Services to our customers that may include data collection, processing, and analytics. In such cases, we may provide the Services under the direction and control of the applicable third-party customer, and the use, collection, processing, storage, and management of your information and data may be governed by such third party’s practices. We encourage you to carefully review the policies of each of the applicable parties that you engage with.
Information We Collect About You
We collect your information:
- Directly from you, when you provide it to us.
- Indirectly from you, from observing your actions within the Service.
- Automatically as you access, navigate, or use the Services. This information may include traffic data, location data, logs, usage details, IP addresses, browser and device type, and information collected through cookies, web beacons, and other tracking technologies operated by us or third parties.
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy, listed at www.truabilities.com/thirdparties and www.ntooitive.com/thirdparties.
- From commercially available sources, such as data resellers, aggregators and public databases, and other third-party sources, such as publicly available social media sites.
- From governmental entities from which public records are obtained.
Over the last 12 months, we have collected the categories of personal information noted below:
|Categories of Personal Information||Specific Types of Personal Information Collected|
|Identifiers such as your real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.||
|Information that identifies, relates to, describes, or is capable of being associated with, a particular individual||
|Internet or other electronic network activity information||
|Professional or employment-related information||
|Inferences may be drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, abilities, and aptitudes.|
We process and use the above information in order to fulfill our contractual Service obligations, when we believe we have a legitimate interest to do so consistent with applicable law, and/or when we have your consent. Our contractual obligations and legitimate interests may include:
- To provide our Services, including our website, its contents, and the products, services, or information that you request from us.
- To contact you about your account, the Services, or our policies.
- To configure and maintain your account.
- To create or derive anonymous, aggregate information or data that does not identify you or any other particular individual.
- To develop, operate, maintain, improve, and enhance our Services and to train our personnel.
- To fulfill the purpose for which you provide it. For example, if you provide your personal information to purchase and download one of our plugins, we will use that information to process your payment and provide the plugin. We may also save your information to facilitate new purchases, Services, and maintenance.
- To carry out our obligations and enforce our rights arising from any contracts between you and us, including for billing and collection.
- To protect ourselves, our Services, and our customers, in the event of breach of contract, fraud, harmful, unauthorized, illegal or other types of activity.
- To contact you about goods and services that may be of interest to you. To opt-out or for more information, please see the “Choices About Your Information” section.
- In any other way we may describe when you provide the information, or for any other purpose upon your consent or request.
We may disclose personal information that you provide to us or that that we collect from you:
- To our affiliates or other related entities and subsidiaries, listed at www.truabilities.com/affiliates and www.ntooitive.com/affiliates.
- To our contractors, service providers, and other third parties that we use to support our business and who are bound by contractual obligations to protect your information and only use it for limited purposes associated with our Services, which information we will provide upon request.
- To enforce or apply our service terms and other agreements, including for billing and collection purposes.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request, or if we believe disclosure is necessary or appropriate to protect the rights, property, or our safety or the safety of our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- To a buyer or other successor in the event of 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 information held by us from our website users is among the assets transferred.
- We do not sell or rent your personal information to third parties for any purposes, including marketing, but we may provide your information to third parties to market their products or services to you if you have consented to or not opted out of these disclosures.
- For any other purpose disclosed by us when you provide the information, or with your consent.
We may disclose anonymous, aggregate information about you, other users of our Services, or our other customers without restriction as long as that information does not identify any particular individual.
Automatic Collection of Your Information Through Cookies and Other Technologies
We use a number of methods and technologies for automatically collecting data and information, which may include:
- Flash Cookies. Certain features of our Services may use locally stored objects or “Flash” cookies to collect and store information about your preferences and navigation to, from, and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s Services.
- Web Beacons. Certain parts of our Services may contain small electronic files known as “web beacons” (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to track certain types of data, for example, to count users who have visited those websites, and for other related Services statistics (for example, recording the traffic data of certain Services and verifying system and server integrity).
How Personal Information Is Retained
We will store your personal information in our electronic records, or in those of our third-party service providers or contractors, on our servers or the servers of our third-party service providers or contractors. When the purpose for which we have obtained your personal information is fulfilled, we delete or anonymize your personal information or, if that is not possible (for example, because your personal information is stored in backup archives for disaster recovery purposes), we securely store your personal information and isolate it from further use or processing.
We retain your personal information for different periods of time depending on the type and nature of the data and the purpose for which we have it. We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Policy, unless a longer retention is required or permitted by law.
Your Financial Information
We will need your financial information if you choose to purchase Services through us. Financial information provided via our Services is transferred over a secure connection using a third-party gateway. We collect this information on a transaction-by-transaction basis and will not authorize the release of the information to anyone not directly involved in processing the transaction. This information may be encrypted and stored for logging purposes in accordance with applicable regulatory requirements. Credit card numbers are used only for processing payments and are not used for any other purposes. We enter into a written agreement with third parties in order to protect the confidentiality and use of your personal data when we use third-party service providers for credit card processing services or other related services.
Children Under the Age of 13
Our Services are not intended for children under 13 years of age. We do not knowingly collect information from children under the age of 13, and we will not intentionally collect or maintain information about anyone under 13. If you are under 13, do not use or attempt to create an account on our website or provide any information about yourself to us. If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us using our contact information listed at the end of this Policy.
Choices About Your Information
There are various ways that you can control your information:
- You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
- You may opt out of the aggregation and analysis of data collected about you on our website by Google Analytics by visiting https://tools.google.com/dlpage/. You may opt out of the aggregation and analysis of data collected about you on our website by emailing UDXleads_OptOut@semcasting.com and stating your opt-out request.
- If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email using our contact information listed at the end of this Policy. Please note that it may take a few days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request.
- If you do not wish to have your information used by us to promote our own or third parties’ products or services, you can opt-out by sending us an email using our contact information listed at the end of this Policy. This opt-out does not apply to information provided to us as a result of your purchase of our Services or other transactions.
- If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by contacting us and changing your browser cookie settings.
- We do not control third parties’ collection or use of your information to serve interest-based advertising. However, some 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 or similar services.
- If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To do so, please send us a request using the contact information listed at the end of this Policy.
- 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@example.com or firstname.lastname@example.org. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
Requesting Access, Control, or Changes to Your Information
PLEASE CONTACT US IMMEDIATELY AT LEGAL@TRUABILITIES.COM OR LEGAL@NTOOITIVE.COM IF YOU BELIEVE THAT YOU HAVE PROVIDED US WITH INFORMATION WITHOUT THE PROPER RIGHTS, CONSENTS, OR PERMISSIONS SO THAT WE MAY DELETE SUCH INFORMATION AS SOON AS POSSIBLE.
You can request to access, correct, delete or export any personal information that you have provided to us by contacting us using the contact information at the end of this Policy, or if you have established an account with us, you can review and modify your information through your account. We will promptly review all such requests in accordance with applicable laws. It is important that you let us know as soon as possible if you believe that any personal information that we have about you is incorrect, or is, has been, or might be used inappropriately, so we can take commercially reasonable steps to correct, delete, or restrict the use of such information, as appropriate. Please note that we cannot delete your personal information without also deleting your user account. If we are processing your personal information based on your consent (as indicated at the time of collection), you have the right to withdraw your consent. If you exercise this right, you may need to provide express consent on a case-by-case basis each time the use or disclosure of your information is necessary for you to utilize our Services.
There are some circumstances where we will not be able to fulfill your request, for example, if regulatory obligations, legal matters, or certain operational or technical constraints prevent us from doing so. We will not accommodate a request to change information if we believe the change would cause the information to be incorrect or violate any law or legal requirement. Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any rights concerning your personal information. We encourage you to first reach out to us in accordance with the contact information set forth below so we have an opportunity to address your concerns directly before you do so.
Rights under CCPA
If you reside in California, the California Consumer Privacy Act of 2018 (“CCPA”) provides you with specific rights regarding your personal information, set forth below:
|Access to Specific Information and Data Portability Rights||
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
|Deletion Rights||You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.|
|Response Timing and Format||We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (for a maximum total of 90 days), we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding the receipt of a verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 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.
We do not charge a fee to process or respond to your verifiable consumer request unless the request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Alternatively, we may decline to respond to the request and notify you of our reason for doing so.
|Personal Information Sales Opt-Out and Opt-In Rights||We do not sell the personal information of consumers.|
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
|Exercising Access, Data Portability, and Deletion Rights||
To exercise the access, data portability, and deletion rights described in this section, please submit a verifiable consumer request to us by either:
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Making a verifiable consumer request does not require you to create an account with us, but we may require authentication of the consumer that is reasonable in light of the nature of the personal information requested.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
|Reasons We May Deny Your Request||
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Transfer of Information to the United States; Rights under GDPR
Our website is operated in the United States. The privacy and data protection laws in the United States differ from those of other countries. If you are located outside of the United States, please be aware that the information that we collect will be transferred to and processed, stored, and used in the United States, and that by using our sites and applications, you consent to such transfers and processing.
If you are located in the European Economic Area, including the United Kingdom (“EEA”), the following information relates to your rights under the General Data Protection Regulation (“GDPR”). Our policy is to respect all laws that apply to our business and this includes GDPR. In addition, we are committed to doing the following to ensure our compliance with GDPR:
- Ensuring that employees authorized to process personal data have committed to confidentiality.
- Holding our third-party service providers to the same data management, security, and privacy practices and standards to which we hold ourselves.
- Carrying out data processing impact assessments of our data processing activities.
- Where required, assisting with notifying regulators of breaches and promptly communicating any breaches to users who we collect personal information from.
If you are a resident of the EEA, the GDPR provides you with specific rights regarding your personal information. Depending on where you are located and the applicable privacy laws that apply to our use or processing of your personal information, you may have one or more of the following rights:
|Changes to Data||You may request to update or correct your information.|
|Access||You may request access to your personal information to know what sort of personal information is held about you, for what purposes, and how it is collected, held, used, and disclosed. In some circumstances we may refuse to provide copies if an exemption under the applicable privacy laws applies. For example, we may not provide access to personal information if disclosing that information would impact the privacy of another individual (having assessed the impact to the privacy rights and freedoms of the other individual). If we will not provide access to personal information held about you, we will tell you why.|
|Deletion||You may request deletion of the personal information we hold about you and we will delete it where required to do so under applicable privacy laws.|
|Objection||You may object to processing of your personal information, ask us to restrict processing of your personal information, request portability of your personal information, or make requests to exercise other rights that you may have under applicable privacy laws.|
|Opt-Out and Opt-In Rights||Where you have consented to receive marketing communications, you have the right to withdraw your consent at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.|
|Withdraw Consent||If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information if we are able to do so without your consent.|
|Data Officer||Each member of our company group determines, alone or jointly with others, the means and purposes of processing your personal information.|
|Exercising Access, Data Portability, and Deletion Rights||
To exercise the access, data portability, and deletion rights described in this section, please submit to us by either:
You can exercise your data subject rights free of charge. However, we may not comply with your exercise of your data subject rights or may charge you to comply with such exercise if the request is manifestly unfounded or excessive. When you exercise your data subject rights, we may need to take measures to verify your identity before complying with such exercise. We will respond to your exercise of your data subject rights in accordance with any timeframes set out in applicable privacy laws. To exercise your rights or for further information about exercising your rights, you may contact us using the contact details at the end of this Policy.
If you wish to make a complaint about the way we have handled your personal information (including if you think we have breached applicable privacy laws), you may do so by contacting us using the contact details at the end of this Policy. If a complaint is made, please include contact details, such as your email address, name, address, and telephone number and clearly describe the complaint. We will investigate the complaint and respond promptly. If you believe that we have failed to resolve the complaint satisfactorily, you may complain to your local data protection authority. Contact details for data protection authorities in Europe are available at https://edpb.europa.eu/about-edpb/board/members_en.
Cross Border Transfer of Your Personal Information in the EEA and Other Countries
We use third-party service providers, many of whom process your personal information on servers located in EEA, and/or the United States of America, but your personal information may occasionally be stored in other countries. We may use one or more third-party service providers to perform the same or similar services for us in the future. Where your personal information is transferred within our affiliates and between these third-party service providers, we take appropriate safeguards to require that your personal information will remain protected in accordance with this Policy and applicable privacy laws.
Data Protection and Security
You are responsible for the safety and security of your information, including taking steps to actively protect your information, such as keeping your login credentials confidential and restricting access to your account. We ask that you do not share your password with anyone.
We take reasonable steps to ensure that the data and information we use is reliable for its intended use, accurate, complete, and current. We implement and maintain a number of technical and organizational measures to provide varying levels of protection appropriate to the level of risk and personal data involved, some of which include encryption of data, firewalls, access controls, monitoring of security incidents and events, and others. These measures are designed to protect your personal information from accidental loss and unauthorized access, use, alteration, and disclosure. However, the transmission of information via the internet is never completely secure, and we cannot guarantee the security of your personal information transmitted. Any transmission of personal information through the Services is at your own risk, and we are not responsible for the circumvention of any privacy settings, or technical or security measures.
We take steps to maintain this Policy and our compliance with it. We provide employee training and maintain internal procedures for periodically conducting objective reviews of our Policy compliance. We conduct self-assessments on an annual basis to ensure that this Policy is accurate, comprehensive, appropriately displayed, and all relevant privacy practices are implemented and being followed.
Our website is designed to be accessible to visitors with disabilities, and we welcome your comments in this regard. If you have suggestions on how to make the site more accessible, please contact us using the contact information at the end of this Policy.
We do not solicit personal health information from you. To the extent that we receive or use data that may be coupled with personally identifying information (such as a name or IP address)that was created by, received from, or used by or on behalf of a covered entity under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), or the covered entity’s business associate, and such information constitutes protected health information under the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH Act”) or HIPAA, each as amended from time to time, we will comply with our obligations under the HITECH Act, HIPAA, and other applicable laws, in addition to separate agreements that we have in place (such as a business associate agreement, to the extent applicable) when we access, process, or use your protected health information. To the extent that we receive health-related information from sources other than covered entities or business associates of covered entities (as defined under HIPAA or the HITECH Act) that does not constitute protected health information, we will comply with this Policy in the collection and use of such personal information. This Policy is separate from and is not intended to replace or alter any disclosures or information that you may receive related to your health information, such as any notices in connection with the HITECH Act or HIPAA that you may receive from healthcare providers.
Changes to this Policy
Inquiries or Complaints
If you have a question or complaint about this Policy or our information collection practices, please contact us at:
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