Privacy Policy

CONSULTANTDECK PRIVACY POLICY 

Last Revised: January 31, 2020

Thank You for visiting and using ConsultantDeck.com. This privacy policy ("Policy") applies to Your use of ConsultantDeck's website, products, apps, functionality, and services (together, the "Services"). The Policy is intended to inform You about how We collect and use information so You can make an informed decision about using the Services. Please read this document carefully because this Policy, along with Our Terms of Use, incorporated by reference, describe the legally binding agreement between You (referred to hereinafter as, “You,” or “User,” or “Your”, or “Visitor”) and Us. This Policy intends to describe Our intended use of any information provided to Us by You, navigational data, personal or sensitive information acquired, stored and/or maintained through Your use of the Services, including the Site and/or apps. It also describes Your choices regarding use, access, rights and correction, and deletion of Your personal information. If You do not agree with the data practices described in this Policy, You shall not use any of the Services provided by Us.

We may from time-to-time amend or modify this Policy in Our sole discretion by posting the amended Policy to the Site or by emailing You to the email address You provided to Us. If You do not agree or consent to Our amended or modified Policy, You shall not use the Services. Your continued use of the Services thereafter shall be considered Your acceptance of the amended or modified Policy. We will notify You of any material changes, amendments or modifications to the Policy through the Site, or through other communication. In the event You choose not to agree and accept the new, modified or amended terms, You shall cease use of all the Services and provide Us with written notice.

Nothing in this Policy shall be deemed to confer any third-party rights or benefits. Additional terms may apply to certain Services, and those additional terms shall become part of Your agreement with Us if You use those Services. Our partners, affiliates, vendors, distributors, licensors and/or third-party websites may have additional privacy policy terms, restrictions, limitations and data collection and protection practices that You should review separately and independently from this Policy We are not liable for the data collection, storage and usage practices of any third-party affiliate, vendor, licensor or the like. Some of the third-party affiliates that We use to provide the Service include, without limitation and subject to change; Mailchimp, SendGrid, Square, Stripe.

This Policy constitutes a binding agreement between You and Us. By accessing and/or using the Services, Products, branded pages or applications on third party social media (e.g. Facebook, Twitter, LinkedIn) or by giving Us Your Data, You accept the practices described in this Privacy Policy.

If You have any questions or would like to exercise any data privacy rights, please email Us at admin@ConsultantDeck.com.

DEFINITIONS

1.  Navigational Information: Navigational information refers to information about Your computer, device, VPN information, IP address, the date and time of the visit and how long You remained on Our Site, the referral URL (the site from which the visitor has come), the pages visited on Our Site and information about the device and browser (such as, browser type and version and operating system), browser history, and geographical location;

2.  Personal Information: This refers to full name, email address, phone numbers, payment information, credit or debit card numbers, shipping and billing information, or similar personal identifiers, or any information that can be used to identify You or that We can link to You. Personal Information also means information relating to a person who is or can be identified directly from that information. This includes Your name, address, telephone number, email address, credit card or other account number. Personal Information does not include: (1) aggregated or anonymized information; (2) any publicly available information; (3) information about You that is provided by third parties; or (4) information that is posted to publicly accessible areas of the Services.

3.  User Content: Content uploaded or submitted by Users such as feedback, information, questions, responses, reviews, comments, emails, images, photographs, videos, notes, sounds, data, posts and suggestions.

4.  User Information: Information such as, name, user name, password, email address, phone number, and address; (collectively referred to as “Data”). 

WHAT INFORMATION DO We COLLECT?

1.  Navigational Information. We collect usage information when You use Our Services. This includes information including but not limited to: a) Your computer’s Internet Protocol (IP) address; b) operating system and browser type; c) the address of a referring website or a website to which You exit; d) the date and time You access or use the Services; e) items You click on; f) pages You view and, g) the amount of time You spend on particular pages.

2.  We may also collect visitor data through third party services such as Google Analytics, in order to better understand visitor behavior, demographics, locations, page views, time spent on the Site or affiliated third-party applications, and other metrics and analytics used to provide and improve the Services. In addition to information We collect on Our Site, We may also collect Your city location, device model and version, device identifier (or “UDID”), and OS version. This information is primarily needed to maintain the security and operation of Our Services, and for Our internal analytics and reporting purposes.

3.  Cookies and Online Advertising.  We also collect certain information (automatically) through the use of cookies and similar tracking technologies. Cookies are small data files that are stored on a user’s computer or device at the request of a website to enable the website to recognize previous visitors and retain information such as user preferences and history. If You wish to block, erase, or be warned of cookies, please refer to Your browser instructions or help screen to learn about these functions. However, if Your browser is set to not accept cookies or if You reject a cookie, You will not be able to sign in to Your ConsultantDeck account or use certain parts of the Services. We collect devices, cookie identifiers, or others such as the ones used for analytics and marketing, and other similar data. Most web browsers are set to accept cookies by default. If You prefer, You can usually choose to set Your browser to remove cookies and to reject cookies.

We may also use third parties to display and target ads, provide certain functionality (such as maps), or to place their own cookies and other tracking technologies to collect, track and analyze usage and statistical information from users. We are not responsible for the information collection practices of any third parties.

1.  Personal Information.  We collect and store Personal Information that You provide to Us when accessing or using the Services. Personal Information means information relating to a person who is or can be identified directly from that information. This includes Your name, address, telephone number, email address, credit card or other account number. Personal Information does not include: (1) aggregated or anonymized information; (2) any publicly available information; (3) information about You that is provided by third parties; or (4) information that is posted to publicly accessible areas of the Services. Examples of Personal Information We collect include information that You provide when You (a) create or update Your ConsultantDeck profile, (b) communicate with us, (c) purchase services or Products from us, (d) contact or review a Consultant, (e) submit client ratings or peer endorsements. If you are a Consultant and claim or update your profile ("Profile"), or post information using your Profile, we may also collect additional verification information, including Your social media login.

2.  Publicly Posted Information.  Personal Information that You post to public areas of the Services or via Your Profile may become publicly available and is no longer considered Personal Information. For example, information You post in Your Profile or in Consultant ratings, peer endorsements, Q&A, or any other interactive areas may be made publicly available and can potentially be viewed by anyone. Your posting to such public areas of the Services constitutes consent to share such information publicly, and You should assume that such information may be widely disseminated, including via search engines and other tools to locate information online (e.g., internet archive).

3.  Your Content.  We also keep a record of Our correspondence with You, including without limitation, any feedback and/or testimonials You have provided to Us, whether online, phone or email, information provided to Our customer service, and/or User Content.

4.  Information about Minors and Children. WE NEVER COLLECT, SELL, SHARE, OR STORE DATA RELATED TO MINORS OR CHILDREN. THE ONLY INFORMATION WE COLLECT, STORE AND USE TO PROVIDE THE SERVICES AND PRODUCTS IS THE PERSONAL INFORMATION OF THE ACCOUNT CREATOR, WHO MUST BE ABOVE THE AGE OF 18. INDIVIDUALS BELOW THE AGE OF 18 (“MINORS”) SHALL NOT BE ALLOWED TO CREATE AN ACCOUNT WITHOUT THE EXPRESS PERMISSION OF A LEGAL GUARDIAN OR PARENT.  IF You BECOME AWARE THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A MINOR WITHOUT PARENTAL OR LEGAL GUARDIAN CONSENT, PLEASE LET US KNOW BY CONTACTING US AT admin@ConsultantDeck.com, SO WE CAN TAKE APPROPRIATE ACTION. TO PREVENT INADVERTENT DISCLOSURE OF PERSONAL INFORMATION WHILE USING THE SERVICES, ASSIST IN EFFECTIVE USE OF INFORMATION, AND ENSURE APPROPRIATE USE OF THE SERVICES, WE STRONGLY ENCOURAGE THE PARENT OR GUARDIAN OF ANY MINOR TO ACTIVELY GUIDE ANY INTERACTIONS WITH AND/OR USE OF THE SERVICES.

HOW We USE THE INFORMATION We COLLECT.

1.  We Never Sell Your Data. WE DO NOT SELL, SHARE, LICENSE, OR OTHERWISE SHARE Your PERSONAL INFORMATION OR ANY PERSONALLY IDENTIFIABLE INFORMATION WITH ANY ENTITY OR PERSON, EXCEPT AS EXPRESSLY DESCRIBED IN THIS POLICY OR WHEN WE HAVE A LEGAL BASIS TO DO SO, FOR INSTANCE WITH Your PRIOR WRITTEN CONSENT OR A COURT ORDER. You ALWAYS HAVE THE RIGHT TO WITHDRAW ANY CONSENT You PREVIOUSLY PROVIDED BY CONTACTING US AT admin@ConsultantDeck.com.

2.  Personal Information. We use Personal Information to facilitate Your use of the Services, to process Your requests or transactions, to provide You with information, products and services You request, to administer and assist Us with the operation of Our business, and for the purpose for which the information was provided. We may use the information We collect to send You news relevant to You or in accordance with Your preferences. We may also send You advertisements from third parties that You may opt-out of at any time by sending Us an email at admin@ConsultantDeck.com. We do not directly or voluntarily disclose, rent, sell or otherwise make available Your Personal Information to third parties for direct marketing purposes or any other purpose.

3.  Service Providers and Affiliates. We reserve the right to disclose parts or all of the Data that We collect about You to service providers and affiliates who assist Us in Our business purpose either through partnerships, affiliations, contractors and/or licensors. Some service providers and contractors used on Our applications and Site include, without limitation, processing payment services, analytics services, customer support services, billing, ecommerce services, internal administrative services, maintenance of the Services, and providing business services to Us or to You. In all cases where We share Data with such partners, affiliates, and service providers, We explicitly require them to acknowledge and adhere to Our Privacy Policy and customer data handling policies. Such third parties are prohibited from using any Personal Information or Data except for these stated purposes, and they are required to maintain the confidentiality of Your Data. Other than such service providers, We do not share Personal Information with third parties unless (1) You have indicated to Us that You wish to receive information from such parties; (2) You otherwise give Us Your consent to do so; or (3) in response to a request for information or a subpoena.

Once You leave the Site via a third party link, access a third-party application, or click on a third-party offer, You should check the applicable privacy policy of the third party or advertiser website to determine, among other things, how they will handle any personal information they collect from You. Similarly, if You accessed the Services through another website, We are not responsible for the privacy practices of that website, and You should review the privacy policy of the originating website before providing any information to that website. This Policy applies solely to information collected by us.

4.  Non-Personal Information. We may use information other than Personal Information, including aggregated or anonymized information, for remarketing with Google Analytics, for ad targeting, to analyze trends, administer the Services, improve customer service, diagnose problems with Our servers, track user movement, and gather demographic information for aggregate use. Third-party ad platforms may use this information for a similar purpose, but You should follow up with third parties and confirm their information collection and usage practices directly. We may freely publish, disclose and use information other than Personal Information, including aggregated or anonymized Personal Information, to or with third parties that help provide Our Services.

5.  Text Messaging. We do not ordinarily send text messages for marketing purposes, but to the extent You provide Us with Your mobile telephone number, You consent to the transmission of text messages to such number, If You sign up for Our Services, You consent to receiving transactional based text messages to the phone number You provided to Us. We will not send You any marketing or advertising text messages unless You’ve explicitly opted-in to receive such marketing text-messages. You may at any-time and for any reason, opt-out of receiving text notifications or messages regarding Your account or marketing, by sending Us an email to admin@ConsultantDeck.com.

WHEN WILL INFORMATION BE SHARED?

1.  By Law or Protected Right. We may disclose part or all Data, User Content and/or Personal Information collected through the Services, if (1) required by law; (2) if We believe that disclosure is necessary to comply with the law; (3) to enforce Our intellectual property rights; (4) to protect the rights, property or safety of Us and Our employees or agents; (5) if necessary to defend against third-party claims; and (6) to protect Our users from fraudulent, abusive, or unlawful use of the Services. We may also disclose Data collected when requested to comply with a court order, investigation, subpoena or governmental request. We will notify You of such use, either by a notification on the Site or by email to You.

2.  Business Transfers. If We go through a business transfer, such as consolidation, merger, restructuring, acquisition, or sale of part or all of Our assets, You acknowledge and consent to the transfer of Your Data, including User Information, Personal Information and User Content. You further acknowledge and consent to the continued use of Your Data by the recipient, so long as they comply with this Privacy Policy or a similar policy. In this event, You will be notified via email and/or a prominent notice on the Site, of any change in ownership or business transfer, use of Your Data, and the choices and rights You may have regarding Your Data.

MANAGING Your PREFERENCES

1.  Managing Online Advertising Preferences.  We respect all browser instructions for setting or rejecting cookies on generally available browsers. This is one way to manage Your preferences regarding the collection of information by ConsultantDeck. Additionally, and because data acquired across the internet is often associated with information about You acquired in other places online, You can manage online advertising preferences via these links:

 a) Google Ad Preferences Manager - http://www.google.com/ads/preferences/Google Analytics

 b) Opt-out Browser - Add-on https://tools.google.com/dlpage/gaoptout/Facebook Ad

 c) Preferences Manager - https://www.facebook.com/help/247395082112892Network

 c) Advertising Initiative - http://www.networkadvertising.org/choices/Digital Advertising Alliance - http://www.aboutads.info/choices/

While ConsultantDeck will follow any such preferences, We make no representations regarding whether third parties, including third-party ad platforms, will do so.

2.  Managing Your Newsletter/Communications Preferences.  You may "opt-out" of receiving any category of subscription, marketing or promotional email from ConsultantDeck by following the unsubscribe instructions or using the unsubscribe links within the emails We send. Please note, however, that as long as You maintain an account, You may not opt-out of receiving service, transactional or account-related emails from ConsultantDeck. If You wish to delete Your Account, You may do so by emailing Us at admin@ConsultantDeck.com.

UPDATING Your LISTING INFORMATION AND PUBLIC POSTS

1.  You can correct certain information by logging into Your account and changing the information, and You may also delete certain information by closing Your account (by emailing Us at admin@ConsultantDeck.com. In addition, Consultants may change certain information contained in their Profile by claiming their Profile and editing the information contained therein, or by sending Us an email.

2.  Please note that in certain circumstances, We may not, or may not be able to, remove or change certain information, even in the event an account is closed or deleted. For example, We may retain and continue to display any information You provided in connection with a question, answer, endorsement or client review unless You have revoked Your consent for Us to do so in writing. In addition, Consultants cannot "unclaim" profiles, and cannot remove their Profiles, ratings, endorsements or reviews by closing their accounts.

SECURITY MEASURES

1.  ConsultantDeck endeavors to secure Your Personal Information from unauthorized access, use or disclosure by putting into place reasonable physical, electronic and managerial procedures to safeguard the information We collect. For example, when We collect credit card information, We use a secure server with Secure Socket Layer (SSL) encryption software and store such credit card information using encryption methods designed to prevent unauthorized access. Additionally, Your account information is accessible online only through the use of a password.

2.  We are committed to protecting Your Data and We implement appropriate administrative, technical, organizational and physical safeguards designed to safeguard the information that We collect. For instance, We encrypt all data when in transit. However, no information system can be 100% secure. This means that We cannot guarantee the absolute security of Your Data. Moreover, We are not responsible for the security of information You transmit to Us over networks that We do not control, including the internet and wireless networks, or the data that is stored on Your device. You should only access the services within a secure environment.  

3.  Secure Sockets Layer (SSL) technology protects Data using both server authentication and data encryption, ensuring that user data is safe, secure, and available only to authorized persons. Every time You send Us Your credit card number and Your billing and shipping information, We use the industry-standard SSL technology to prevent the information from being intercepted. We also encrypt Your credit card number when We store Your order.

4.  Our computer systems are hosted in a secure data center environment that uses a firewall, intrusion detection systems, and other advanced technology to prevent interference or access from outside intruders.

5.  If You live outside of the United States, You understand and agree that We may transfer Your Personal Information to the United States. This Site is intended for use in the United States and is subject to the laws of the United States, which may not provide the same level of protections as those in Your own country.

6.  We store Your Data in a secure operating environment and is only accessible to Our employees, agents and contractors on a need-to-know basis. Contracts are in place that requires others to keep Your Personal Information private and secure.

7.  No security measures are perfect or impenetrable. To protect the confidentiality of Your Personal Information, You must keep Your password confidential and not disclose it to any other person. You are responsible for all use of the Services by any person using Your password. Please advise Us immediately by emailing admin@ConsultantDeck.com if You believe Your password has been misused. You should also note that email is not secure, and You should not send any confidential or sensitive information to Us via an unsecured email.

HOW LONG DO WE KEEP Your INFORMATION? 

1.  We will only keep Your Personal Information for as long as it is necessary for the purposes set out in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When We have no ongoing legitimate business need to process Your Data, We will either delete, de-identify it or anonymize it. If this is not possible (for example, because Your Data has been stored in backup archives), then We will securely store Your Data and isolate it from any further processing until deletion is possible.  

2.  If You have elected to receive marketing communications from Us, We retain information about Your marketing preferences for a reasonable period of time from the date You last expressed interest in Our content or Services, such as when You last opened an email from Us or ceased using Your Account.  We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.  We keep this information for analytics and internal business purposes.

DATA BREACH.

1.  We shall comply with all applicable federal and state laws that require notification to individuals, entities, state agencies, or federal agencies in the event of a data breach. When We reasonably suspects and/or becomes aware of a disclosure or security breach concerning any Data, We shall notify the affected user or individual immediately and mitigate the damage of such security breach to the greatest extent possible. In the event of an actual data breach or the unauthorized access or disclosure of any sensitive or personal data, We will notify You in writing as soon as possible outlining the following information:

 a) What happened (date of breach is possible, or estimated date of incident, or the date range within which the breached occurred);

 b) What information was involved (list the type of personal information);

 c) What We are doing to help resolve or mitigate the issue (and if there was any delay in providing this notice due to law enforcement investigation);

 d) What You can do to help Us;

 e) How You can get more information or contact Us;

 f) Information about what We have done to protect individuals whose information has been breached;

 g) Advice on steps that the person whose information has been breached may take to protect himself or herself; and

 h) Information about the steps We have taken to cure the breach and the estimated timeframe for such cure.

GLOBAL DIGITAL PRIVACY REGULATIONS (GDPR) COMPLIANCE FOR EU USERS.

1.  Our legal basis for collecting and using information described herein will depend on the Data concerned, and the specific context in which We collect it. However, We will normally collect Personal Information and Data from You only where We have Your consent to do so, where We need the Personal Information and/or Data to perform a contract with You, or where the processing is in Our legitimate interests is not outweighed by Your data protection interests or fundamental rights and freedoms. In some cases, We may also have a legal obligation to collect and maintain Personal Information and/or Data from You.

2.  If We ask You to provide Personal Information and/or Data to comply with a legal requirement or to perform a contract with You, We will make this clear at the relevant time and advise You whether the provision of Your Personal Information and/or Data is mandatory or not (as well as of the possible consequences if You do not provide Your Personal Information and/or Data). Similarly, if We collect and use Your Personal Information and/or Data in reliance on Our legitimate interests (or those of any third party), We will make clear to You at the relevant time what those legitimate interests are.

3.  Processing shall be lawful only if and to the extent that at least one of the following applies:

 a) he data subject has given consent to the processing of his or her personal data for one or more specific purposes;

 b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

 c) processing is necessary for compliance with a legal obligation to which the controller is subject;

 d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;

 e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

 f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

WHAT ARE Your PRIVACY RIGHTS? 

1.  You have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of Your Personal Information, (ii) to request rectification or erasure; (iii) to restrict the processing of Your Personal Information; and (iv) if applicable, to data portability. In certain circumstances, You may also have the right to object to the sharing of Your Personal Information. To make such a request, please contact Us at admin@ConsultantDeck.com. We will consider and act upon any request in accordance with applicable data protection laws.

2.  If We are relying on Your consent to process Your Personal Information, You have the right to withdraw Your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

3.  If You are resident in the European Economic Area and You believe We are unlawfully processing Your Personal Information, You also have the right to complain to Your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

4.  If You would like to opt out of or unsubscribe from receiving direct marketing communications, You can also use the unsubscribe link contained in the message You have received. However, You cannot opt out of receiving transactional emails related to Your account with Us or Services, unless You delete Your account. Where We process Your Data on the basis of Our or a third party's legitimate interest, You may object to such processing at any time by contacting Us at admin@ConsultantDeck.com. Our affiliates and partners are solely responsible for their own marketing emails and other communications directed to You. We cannot unsubscribe You from Our partners’ communications. You may, however, unsubscribe from Our communications regarding Our partners’ by clicking on the "unsubscribe" link located on the bottom of their emails, or by contacting them directly. You can also use this address to lodge a complaint. If You are not satisfied about the manner in which We handle Your complaint, You may also lodge a complaint with Your local data protection authority.

5.  Upon Your request to terminate Your account, We will deactivate or delete Your account and information from Our active databases. However, some information may be retained in Our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce Our Terms of Use and/or comply with legal requirements, but such information may be de-identified or anonymized.    

6.  If You would at any time like to review, delete or change the information in Your account or terminate Your account, You can:

  a) Log into Your account settings and update Your user account; or  To exercise any of Your data privacy rights, please:

       Email Us at admin@ConsultantDeck.com;

       Call Us at +1 360-335-4173;

       Send Us Mail to: 1807 NE 193rd Ct, Vancouver WA 98684;

  b) To OPT-OUT of marketing emails, choose the Unsubscribe option at the bottom of Our marketing emails.

DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS? 

1.  California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits Our users who are California residents to request and obtain from Us, once a year and free of charge, information about categories of personal information (if any) We disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which We shared personal information in the immediately preceding calendar year. If You are a California resident and would like to make such a request, please submit Your request in writing to Us at admin@ConsultantDeck.com.

2.  If You are under 18 years of age, reside in California, and have a registered account with the Services, You have the right to request removal of unwanted data that You publicly post on the Site. To request removal of such data, please contact Us at admin@ConsultantDeck.com and include the email address associated with Your account and a statement that You reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from Our systems.

YOUR RESPONSIBILITIES AND CONSENTS.

1.  By using any of Our Services, You expressly consent to the following:

  a) You consent to the collection, use, disclosure and processing of Your User Information and/or Data in the manner described in this Privacy Policy, including Our procedures relating to cookies, IP addresses, log files and the like;

  b) Our servers are based in the United States, so Your Data will be primarily processed by Us in the United States. You consent to the transfer and processing of Your Data in the United States or the EEA/EU by Us and by Our partners and affiliates;

  c) You consent and agree that We may transfer Your Data to data processors located in countries which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area. Your consent is voluntary, and You may revoke Your consent by opting out at any time, as described above; and

  d) You consent to Us sharing Your Data with relevant persons working for service providers and third-party affiliates who assist Us to provide Our Service.

If You have any questions or comments about this Policy or the practices relating to Our Services, or You wish to verify, correct or delete any Personal Information We have collected, please contact Us at admin@ConsultantDeck.com.

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