You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Information We Collect
We collect from you to respond to your inquiries and to fulfill a Service that we provide to you. The type of information that we collect varies depending on inquiries you make or the type of Services you use, and may include:
- Information that you give us by filling out forms on our Web site, including, at a minimum, your name, contact information and your company information.
- Information that you share with us via direct communication, including, at a minimum, telephone calls, emails, and in person.
- Information that you give us in order to assist us in acting to fulfill our Services, including, at a minimum, your name, contact information, date of birth, identification number, financial information, and household information. Additionally, you or an organization that sponsors your access is required to give certain information necessary to uniquely identify you and protect your own security. This information is also required to ensure the security of our systems and our data and to accurately identify you to provide services.
- Information that third parties give us in order to fulfill their services to our mutual clients, including, at a minimum, your name, contact information, date of birth, identification number, financial information and household information. In these instances, as well, you or such a third-party organization is likewise required to give certain information necessary to uniquely identify you and protect your own security. As before, this information is also required to ensure the security of our systems and our data and to accurately identify you to provide services.
What Is Non-Personal Information?
Non-personal information is information we collect through this Web site that does not identify you as an individual person. It includes any of the following items:
- the type of web browser software you use
- the name of the domain from which you access the Internet (including client and server IP addresses, usernames, ports, queries, or other status-related information)
- the Internet address of the Web site from which you linked directly to our Web site
- the date and time you access our Web site
- which pages you have visited on our Web site
- the links and features used
- the content viewed or requested.
Further applications may contact our servers periodically, for example to check for updates or to send us information relating to service usage and gather non-personal information.
How Do We Use Non-Personal Information?
Because non-personal information cannot identify you or be tied to you in any way, there are few restrictions on the ways that we can use or share non-personal information. Primarily, we will use this data to make enhancements to the Web site that are specifically tailored to improve the experience of the user community. One way that we use non-personal information is to demonstrate user trends on the Web site. Often, this is done by aggregating the data gleaned from non-personal information. This aggregated, de-identified data might be shared with outside parties who are employed to implement improvements to the site.
What Is Personal Information?
Personal information, as used in privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Personal information is information we collect through this Web site that we can use to specifically identify you, such as your:
- e-mail address
- state of residence
- phone numbers,
- street address,
- age or age range,
- purpose for participating in any programs,
- account information, usernames, passwords and user settings,
- bank account number or credit card details and other such financial information.
In some places on this Web site you have the opportunity to send us personal information about yourself. For example, you may:
- make a purchase or request for services
- create an account
- participate in research or campaigns
- use or register into our services or products or use an electronic activation or display for such, where your device and application type, as well as unique device, application, network and subscription identifiers are sent to us
- share or leave comments in comment forms where you may opt-in to saving your name, email address and website for future visits and your IP address and browser user agent string are collected by us to help spam detection
- fill out a registration form, a survey, an e-mail form or the like
- or otherwise interact or engage with us.
We will only use your personal data when the law allows us to. We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. By providing your personal information, you are actively agreeing to interact with us and giving us consent to use your personal data. You may withdraw your consent at any time by contacting us. Please remember, however, that withdrawing your consent does not remove other legal basis to process your information where applicable.
How Do We Keep and Use Personal Information?
We may keep and use your personal information:
- to send you information you requested
- to respond to your requests
- to develop records, including records of your personal information
- for internal program monitoring
- to remove your personal identifiers (your name, e-mail address, etc.) In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and is treated as such
- to protect our rights or property
- to protect someone’s health, safety or welfare
- to comply with a law or regulation, court order or other legal process.
We also maintain records of your consents, preferences and settings relating to, for example, location data, marketing and sharing of personal information.
We maintain records of your purchases, downloads, the content you have provided us with, your requests, agreements between you and us, the services and products provided to you, payment and delivery details, your contacts and communications and other interactions and engagements with us. We may, in accordance with applicable law, record your communication with our customer care or with other such contact points.
We also utilize location-based services and establish location through the use of satellite, mobile, Wi-Fi, Bluetooth Low Energy (“BLE”) or other network based positioning methods. These technologies may involve exchanging your location data and unique device and mobile, Wi-Fi, Bluetooth, or other network related identifiers with us. Our services and products may operate on multiple device platforms, applications and services which may also collect your location data. When you use our location based services and features, your location data is sent to us to serve you with the right content, which may also include location based advertising. We do not use this information to identify you personally without your consent.
We also obtain information from industry partners and a variety of other sources, including publicly available sources such as business registries. We require these sources to comply with applicable laws with regard to collecting and transferring this data to us, including ensuring that there is a legal basis for the transfer or anonymizing the data in accordance with applicable laws prior to disclosure of the data to us.
- Access – we use these cookies to identify accounts which allow access beyond the public areas of the Web site and ensure access to such, including registrant access, premium access or access to demonstration services or software.
- Performance – we use these cookies to monitor Web site performance. This allows us to provide a high quality experience by quickly identifying and fixing any issues that arise. For example, we might use performance cookies to track error messages, and to determine improvements to our Web site.
- Functionality – we use functionality cookies to allow us to remember your preferences you indicate to us.
- We anonymize IP addresses on all Google Analytics hits and form tracking hits
- We disable the Demographics and Interests Reports for Remarketing and Advertising tracking on Google Analytics hits
- We disable UserID tracking on Google Analytics hits, form tracking hits, and the UserID dimension in the Custom Dimensions add-on
- We disable author tracking in the Custom Dimensions add-on
- Place of processing for Google Analytics: United States
- Its Opt Out Browser Add-on functionality may be used to control the collection of data for analytical purposes by Google Analytics.
- Additionally the Google Ad Settings Page functionality may be used to control the collection of data for analytical advertising purposes by Google Analytics Advertising.
- Google is also a Privacy Shield participant.
Removing Cookies: Our (First Party) Cookies and Third Party Cookies providing analytics for our Web site
Please note, your action in disabling these types of cookies will result in limiting some functionality of our Web site. You can also delete all cookies that are already on your computer’s hard drive by searching for and deleting files with “cookie” in it.
We are committed to providing you with meaningful choices about the information collected for third-party purposes. Consistent with that commitment, we provided the opt-out link information and instructions above. However, we currently do not employ technology that recognizes or responds to “do-not-track” signals from your browser, as the Internet industry is currently still working on “do-not-track” standards, implementations and solutions.
Why Do We Process Personal Information?
We may process your personal information for the following purposes. One or more purposes may apply simultaneously.
- Providing Services
We may use your personal information to provide you with our Services, to process your requests or as otherwise may be necessary to perform the contract between you and us, to ensure the functionality and security of our Services, to identify you as well as to prevent and investigate fraud and other misuses.
Some services may require an account to help you manage your content and preferences. Depending on the service, an account creation may be either required or voluntary. Account creation requires you to provide us with basic contact details about yourself, such as name, email address, country of residence and date of birth. You may also be able to voluntarily provide more information about yourself while creating a profile, such as a photo or avatar of your choice. Using personal information that you provide, we ensure security in your account.
- Developing and managing services and products
We may use your personal information to develop and manage our services, products, customer care, sales and marketing. We may combine personal information collected in connection with your use of a particular service and/or product with other personal information we may have about you, unless such personal information was collected for a purpose, where the original purpose is incompatible with this purpose.
- Communicating with you
We may use your personal information to communicate with you, for example to inform you that our services have changed or to send you critical alerts and other such notices relating to our services and/or products and to contact you for customer care related purposes.
- Marketing, advertising and making recommendations
We may contact you to inform you of new services, products, or promotions we may offer and to conduct market research when we have your consent, or it is otherwise allowed. We may use your personal information to personalize our offering and to provide you with more relevant services, for example, to make recommendations and to display customized content and advertising in our services. This may include displaying our content and third party content.
What Is Our Legal Basis for Processing Your Personal Information?
Our legal basis for processing your personal information is dependent on the purpose for processing and may vary as described in a Privacy Supplement applicable. In general, we process your personal information under the following legal bases: One or more bases may apply simultaneously.
- Performance of a contract with you
We process your personal information to perform our obligations under the Terms applicable to the service or product you are using.
- Your consent
We process your personal information if you have consented to the processing activity. You may revoke your consent at any time. Doing so will bar us from further processing of your personal information based on your consent but will not impact the lawfulness of processing based on your consent before it was withdrawn. Some of the features of our services and products might be only available based on consent.
- Legal obligations
We process your personal information as needed to comply with laws and regulations.
- Legitimate interests
Do We Share Personal Information with Third Parties?
We commit that we will not share your personal information collected from this Web site with an unrelated third party without your permission or as otherwise discussed below.
- Your consent and social sharing services
As noted, we may share your personal information if we have your permission/consent to do so. Some services may allow you to share your personal information with other users of the service or with other services and their users. Please consider carefully before disclosing any personal information or other information that might be accessible to other users.
- Authorized third parties and subsidiary or affiliate companies of ours
- Mandatory disclosures
We can, in some situations, be legally compelled to release your personal information in response to law enforcement, a court order, subpoena, search warrant, law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting Web site visitors who violate our rules or engage in behavior which is harmful to other visitors or is illegal. We may also disclose and otherwise process your personal information in accordance with applicable law to defend our own legitimate interests, for example, in legal proceedings or in connection with governmental requests and filings. We may also disclose your personal information to third parties if we feel that the disclosure is necessary to:
- protect our rights or property.
- protect someone’s health, safety or welfare.
- Mergers or Acquisitions
If we decide to sell, buy, merge or otherwise reorganize or dissolve our businesses in certain countries, this may involve us disclosing personal information to prospective or actual purchasers and their advisers, or receiving personal information from sellers and their advisers.
- Our Own Service Providers, but only for limited purposesIn the ordinary course of business, we will share some personal information with companies that we hire to perform services or functions on our behalf. For example, we contract with a company to develop and maintain this Web site and use a company to allow our courses to be delivered to mobile devices. In this case, these companies will have access to some of your personal information in the ordinary course of business. However, in this instance, and all instances in which your personal information is shared with a third party, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.
How long do we retain Personal Information?
We endeavor to only collect personal information that is necessary for the purposes for which it is collected as stated above, and to retain such for no longer than is necessary for such purposes and to provide you with your requested service. The length of time personal information is retained, and criteria for determining that time, are dependent on the nature of the personal information and the purpose for which it was provided. For example, for your personal information related to managing your account, such as name, email address, and account content and preferences, are maintained for as long as they are retained by you within your account and for a period of time thereafter to allow you to re-activate your account without a loss of information. If you leave a comment, the comment and its metadata are retained indefinitely so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. Other data, such as records of your activity within the application, are typically maintained only for a short period before being anonymized or pseudonymized. We may also retain your personal information as necessary to maintain logs and business records for analysis, security, and/or audit purposes, comply with record retention requirements under the law, work to deal with any complaints regarding your use of our services and products, and comply with our legal obligations, protect or defend our rights, resolve disputes and enforce our contracts. Additional information may be provided in any Privacy Supplement applicable.
What Are Your Choices and Rights?
You have a right to know what personal information we hold about you, and to access it. You have a right to have incomplete, incorrect, unnecessary or outdated personal information updated. You have the right to request that your personal information be erased, and to obtain a copy of your data in a machine-readable format. You have the right to object to or restrict processing in certain circumstances, such as where you believe the data is inaccurate or the processing activity is unlawful. You have a right to unsubscribe from direct marketing messages and to request that we stop processing your personal information for direct marketing purposes or on other compelling legal grounds. However, if you opt-out from marketing and other communications from us, critical alerts may still be sent to you.
You may exercise your rights by contacting us or by managing your account and choices through available profile management tools on your device and our services. In some cases, especially if you wish us to delete or stop processing your personal information, this may also mean that we may not be able to continue to provide the services to you. Applicable data protection law may provide certain restrictions on the extent to which these rights may be exercised. If a restriction applies, we will respond to your request with an explanation of what action will be taken, to the extent required under applicable data protection law.
How Are We Safeguarding Personal Information and Providing Web Site Security?
We safeguard personal information in accordance with established security procedures. We take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Whatever data we store, we protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. You should keep in mind that no internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. We work hard to protect ourselves and our Web site visitors from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
- We encrypt many of our services using SSL.
- We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
- We take reasonable steps to keep the personal information we possess accurate and to delete incorrect or unnecessary personal information. We encourage you to access your personal information through your account from time to time to ensure that it is up to date.
- We restrict 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.
Links to other Websites and Privacy on other Websites?
Do We Communicate Directly with Visitors to the Web Site?
With your express permission, we may contact you periodically by e-mail, mail or telephone to provide information regarding programs, services and content that may be of interest to you. In addition, some of the features on this Web site allow you to communicate with us using an online form. If your communication requests a response from us, we will send you a response via email. The e-mail response or confirmation may include your personal information, including personal information about your health, your name, address, etc. As indicated below, we take reasonable security precautions, however, we cannot guarantee that our e-mails to you will be secure from unauthorized interception.
Are there Special Rules Related to Children’s Privacy?
Are there Special Notices and Rules for Residents of California?
FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties. If you reside in California and you have provided us with your personal information, you may request information about our disclosures of certain categories of your personal information to third parties for direct marketing purposes. To make such a request, please contact us by email with “California Privacy Rights” in the subject line to CAprivacy@proficiency1.com and allow 30 days for a response. Please ensure you attest that you are a California resident, provide your complete name (first, middle, last), your current California address, and an email address for responding to you. We will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
If you are a California resident, the California Consumer Privacy Act (CCPA) may also provide you with additional rights regarding the use of your personal information. In certain circumstances, you have the right to:
- access the personal information we process about you;
- know what personal information is collected about you and if any information is sold or disclosed, and to whom;
- request the deletion of your personal information, if applicable;
- opt-out from the sale of your personal information, if applicable;
- not be discriminated against for exercising any of the rights above.
To exercise any applicable rights, please contact us by email with “California Privacy Rights” in the subject line to CAprivacy@proficiency1.com. Please ensure you attest that you are a California resident, provide your complete name (first, middle, last), your current California address, and an email address for responding to you. You may be required to submit proof of your identity and/or address, if we are unable to confirm your identity or cannot verify that you are a California resident. We will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information. We commit to response to a verifiable consumer request within 45 days. You may also designate an authorized agent to make a request on your behalf, subject to proof of identity and authorization.
FOR RESIDENTS OF CALIFORNIA UNDER THE AGE OF 18. In accordance with Section 22581 of the California Business and Professions Code, you may request and obtain the removal of content or information you have publicly posted. To make such a request, please contact us by email with “California Privacy Rights” in the subject line to CAprivacy@proficiency1.com. Please provide your complete name (first, middle, last) and an email address for responding to you, specify the site(s) or service(s) to which your removal request relates, including any URLs where the content or information is posted, and the specific content or information you posted for which you are requesting removal. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
Is there Special Information for EU Residents?
FOR RESIDENTS OF THE EUROPEAN UNION, United Kingdom, Lichtenstein, Norway, or Iceland ONLY. Under European data protection law, in certain circumstances, you have the right to:
- request access to your personal information, so that you may receive information about our processing of your personal data and a copy of your personal data;
- request correction of your personal information, so that you may request us to update or correct inaccurate data we have about you;
- request erasure of your personal information;
- object to processing of your personal information, so that you may object to our reliance on our legitimate interests and expressed bases as the foundation of our processing if you believe it impacts your fundamental rights and freedoms;
- request restriction of processing your personal information, so that you may ask us to restrict the processing of your personal information in certain circumstances;
- request transfer of your personal information, so that you may ask us to transfer your personal data in a machine-readable format to a third party of your choice; and
- withdraw your consent or opt-out, so that you may change your subscription setting at any time and stop receiving any direct marketing communications which you have earlier consented to or otherwise requested.
In addition, you have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes.
Clarification Note for International Users Outside of the United States
We are headquartered in the United States. Our Web site is hosted and administrated in the United States or hosted with cloud service providers who are headquartered in the United States and are intended for users in the United States.
If you are located outside the United States, be aware that information you provide to us or that we obtain as a result of your use of our Web site may be processed in, transferred to, and stored in the United States and will be subject to United States law. The privacy and data protection laws of the United States may be different from the laws of your country of residence.
By using our Web site or providing us with your information, you consent to the transfer of your information to the United States for processing and storage.
Questions, Comments, and Notices
Proficiency1, a division of JTG, Inc.
11190 Sunrise Valley Drive, Suite 301
Reston, VA 20191
© JTG, Inc. 2020