Last updated: November 18, 2021
Our website is not intended for children under the age of 18. We will not knowingly collect personally identifiable information via the website from visitors in this age group and will take prompt steps to delete any such personally identifiable information. The Website is offered and made available only to users eighteen (18) years of age or older. If you are under the age of 18, you are not permitted to access or use the Website and must exit the Website immediately.
(1)the types of information the Company collects and how it collects this information;
(2)how the Company uses and may disclose the information it collects;
(3)the measures the Company takes to secure and protect the information it collects;
(4)how the Company secures and protects Personal Information; and
(5)how you can contact the Company.
1. Collection of Information
(a) Active Collection and Use of Personal Information
The Company also collects other information you provide. This includes, but is not limited to, any comments, suggestions, or other information that you provide on, through, or relating to the Website, and/or that relates to the Company’s products or the Company. This also includes records and copies of correspondence, including contact information, as a result of your communications with us; responses to surveys that we may ask you to fill out for research and marketing purposes; and your search queries.
(b) Passive Collection of Information through Tracking Technology
The Company stores any Aggregate Data we receive in aggregate form. The Company is not able to identify any particular user or individual from the Aggregate Data. The Company uses the Aggregate Data it collects in a variety of ways, including but not limited to keeping count of your return visits to the Website, accumulating and reporting aggregate statistical information regarding the Website, and determining which features users prefer.
In addition to the vendors provided above, we may also use automatically-collected information that helps us to customize the Website to match our users’ individual interests and recognize returning users, estimate the number of website-users and their usage patterns, and increase the speed of our users’ searches. We may use the below tools to collect this data:
- “Pixel tags,” “web beacons,” “clear GIFs,” or similar means (collectively, “Pixel Tags”). We use these small electronic files to compile aggregate statistics about Website usage and response rates. Pixel Tags allow the Company to count the number of users who have visited certain pages of the Website, to deliver branded services, and to help the Company determine the effectiveness of its promotional or advertising campaigns as well as the effectiveness of the Website itself. When Pixel Tags are used in HTML-formatted email messages, they can tell the sender whether and when the email has been opened.
- Referrers and your Internet Protocol (IP) Address. Referrers are small files containing information your web browser passes to the Company’s web server that references the URL which you used to access the Website. Your IP address is the number used by computers on the network to identify your computer so that you can receive data.
- Environmental variables. Environmental variables include, but are not limited to, the domain from which you access the Internet, the time you accessed the Website, the type of web browser, operating system, and platform your computer uses, the Internet address of the previous website you visited before entering the Website, the names of the pages you visit while at the Website, and the next Internet website you visit after leaving the Website.
2. How We Use and Disclose Information
The Company may use and/or disclose your information (including your Personal Information) as follows:
(a) Our Business Purposes. We may use your information for the Company’s everyday business purposes such as to (1) provide services to you including through our subsidiaries and affiliates, (2) communicate updates, promotions, or news about the Company, its products, or events through e-mail or direct mail, (3) market our products and services, (4) monitor and conduct reviews of the Company’s products and offers, (5) help the Company improve its current products or develop new products, (6) collect demographic and geographic information about the users of the Website and its products, (7) communicate administrative or legislative related information, (8) for purposes of data security, network security, audits, investigation or the processing of claims, and (9) fulfill any other purpose for which you provide the information.
(b) Service Providers. From time to time, we may employ companies and individuals to perform certain services on our behalf (such as advertising and marketing, consulting, legal, or other services). These third-party service providers may have access to your information, but only to the extent required to perform their assigned roles, and we have entered into contractual arrangements with these persons to restrict use of your information for any other reason.
(d) Compliance with Law. We may release information about you if we believe such a release is necessary to comply with the law or in response to a subpoena or other legal process including any government or regulatory request. The Company also reserves the right to collect and share any information the Company deems necessary to investigate or take action in connection with suspected fraud, illegal activities, possible harm to persons or property, data hacking or breach, or as otherwise required or permitted by the law.
(e) Third Parties. To the extent you have consented or not opted out, we may release your information to third parties to market their products or services to you. We require these third parties to keep your information confidential and use it only for the purposes for which we disclose it to them.
3. Your Responsibilities and Choices
(a) Accuracy and Confidentiality
(b) Communication with Users; Opt-Outs; Attempted Fraud
The Company may contact users who have entered Personal Information in connection with the Website. You may “opt out” of receiving marketing and promotional emails by following the opt-out procedure described in each email the Company sends. However, even if you opt out of receiving marketing and promotional emails, the Company may continue to email or otherwise communicate with you for administrative or informational purposes, including follow-up messages regarding any content you have submitted to the Website.
The Company does not and will not call or send you emails asking you to provide or confirm sensitive Personal Information. A technique known as “phishing” attempts to steal personal identity data and financial account credentials from consumers. “Phishers” use “spoofed” emails to lead consumers to sham websites which trick recipients into divulging Personal Information including credit card numbers, account usernames, passwords, and social security numbers. If you receive any such communication purporting to be from PPS, please forward it immediately to email@example.com and then delete it from your computer, phone, or mobile device.
4. Third-Party Websites and Social Interactions
Additionally, the Website may permit or encourage interactions among you, the Website, and/or a third-party website or service (each, a “Social Interaction”). Examples of Social Interactions may include services or technology that enable you to “like” or “share” content from the Website on or with third-party websites and/or services; to transmit content to the Website from a third-party website or service; to otherwise connect the Website to a third-party website or service; or to register for an account, login, and/or view content associated with the Company, the Website, and/or one or more third parties through social networking sites such as Facebook, Instagram, Twitter, and LinkedIn (each, a “Social Network”).
5. Security and Protection of Personal Information
The Company uses firewalls and physical controls to maintain security and confidentiality on the Website to protect against unauthorized disclosures, use, alteration, or destruction of the information you provide to the Website. The Company limits access to the databases containing Personal Information to its key personnel. However, the security of your Personal Information also depends on you. For example, to the extent we have provided you, or you have chosen, a password and/or username to access the Website, you are responsible for keeping this information confidential. Please do not share your password or username with anyone. The Company cannot guarantee the security of Personal Information, and, therefore, any transmission of Personal Information is at your own risk. We also cannot guarantee that information you provide to us over the Internet will not be intercepted.
6. Access to Personal Information; Underage Users; Company Rights
(a) Your Personal Information
Access to the Personal Information you provided to the Website may be accessible for a limited period of time from the point of collection.
(b) Person under the age of 18
(c) The Company’s Rights
The Company reserves the right to deny access and use of the Website to any user of any services, features, or functions of the Website if there is a question regarding the identity of the user.
7. Notification of Changes
8. For Those Subject to General Data Protection Regulation (“GDPR”)
(a) Your Data Subject Rights
(i) Summary. This Section 8 only applies to Personal Data, as defined in Article 4 of GDPR. As used in GDPR and in this Section 8, “Personal Data” means any information relating to an identified or identifiable natural person (‘Data Subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. This section summarizes your rights with regard to your Personal Data under GDPR (“Data Subject Rights”). These rights are complex and not all relevant details are included here. You should read the relevant laws and guidance from the regulatory authorities and review recent cases interpreting those requirements in order to fully understand the scope and applicability of these Data Subject Rights.
(ii) When Data Subject Rights Do Not Apply. These Data Subject Rights only apply to the extent that the Personal Data under consideration is governed by GDPR, in that it retains its character as Personal Data. Even then, certain Data Subject Rights are overridden by the legal basis upon which the Processing occurs. As used in this Section 8, “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Data Subject Rights do not apply to the extent that the Personal Data no longer constitutes Personal Data and/or Legitimate Interests (described below) override the applicability of such Data Subject Rights.
(iii) Data Subject Rights Described. Your principal rights to Personal Data include, when and as applicable, the following. If you wish to exercise any of these rights, please contact us at the email address located on the last page of this policy:
(A) The Right of Access. You have a right to have access to the Personal Data we hold about you and to verify that we are using your Personal Data lawfully. If asked, we will provide confirmation of what Personal Data we hold, together with certain additional information such as the purposes of the Processing, the categories of Personal Data concerned and the recipients of the Personal Data. Provided that our rights and interests or the rights and interests of others are not affected, we will supply you with a copy of your Personal Data or inform you of the rights you may have with regard thereto.
(B) The Right of Rectification. You have the right to have any Personal Data held about you which is inaccurate to be rectified and, taking into account the purposes of the Processing, to have any incomplete Personal Data about you completed.
(C) The Right to Erasure (Right to be Forgotten). In some circumstances you have the right to the erasure of your Personal Data. Those circumstances include when (i) the Personal Data is no longer necessary in relation to the purposes for which it was collected or processed; (ii) you withdraw consent to consent-based Processing such as marketing; (iii) you object to Processing and a balance of your rights against Legitimate Interests weighs in your favor, and/or (iv) Processing is or was unlawful. However, there are exclusions of the right to erasure, including where Processing is necessary for compliance with Legitimate Interests which override this right to erasure.
(D) The Right to Restrict Processing. In some circumstances you have the right to restrict the Processing of your Personal Data. Those circumstances include when you (i) accurately contest the accuracy of the Personal Data; (ii) Processing is unlawful but you oppose erasure; (iii) we no longer need the Personal Data for the purposes of our Processing, and (iv) you have objected to Processing but our verification of your objection is still pending. Where Processing has been restricted on this basis, we may continue to store your Personal Data but will only Process it with your consent or for Legitimate Interests.
(E) The Right to Object to Processing. You have a right to object, in certain circumstances, to our Processing of your Personal Data. You may object to our Processing of your Personal Data for our Legitimate Interests or if we do not honor your rightful withdrawal of consent-based Processing. In such case, we will no longer Process the Personal Data unless we can demonstrate compelling Legitimate Interests for the Processing which override your Data Subject Rights. But if you object to our Processing, we will seek to accommodate your request to the extent practicable.
(F) The Right to Data Portability. To the extent that the legal basis for our Processing of your Personal Data is (i) your consent; or (ii) the Processing is necessary for the performance of a contract and such Processing is carried out by automated means, you have the right to receive your Personal Data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it is outweighed by our Legitimate Interests or when it would adversely affect the rights or interests of others.
(G) The Right to Complain to a Supervisory Authority. If you believe that our Processing of your Personal Data violates GDPR, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection in the EU member state of your residence, your place of work or the place of the alleged violation.
(H) The Right to Withdraw Consent. To the extent that our Processing of your Personal Data is based solely upon your consent, you have the right to withdraw such consent at any time, at which time we will terminate such Processing. A withdrawal of your consent does not affect the lawfulness of our Processing based on consent before your withdrawal of such consent.
(b) Legal Bases for Our Processing of Personal Data
(i) Lawful Basis for Processing. As provide in Article 6 of GDPR, Processing is lawful only if and to the extent that at least one of the following justifications applies:
(A) The 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; and/or
(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.
(ii) Legitimate Interests.
(A) Under GDPR, the term “Legitimate Interests” include, with regard to the controller or processor: (i) internal administration of its business, including the management of assets, staff and business risks, (ii) direct marketing, (iii) preventing fraud, (iv) ensuring network and information security, including preventing unauthorized access or damage to electronic communications networks, stopping malicious code distribution and preventing DNS attacks, (v) the establishment or defense of legal claims by us or on behalf of a third party, and (vi) for purposes of public safety & health.
(B) Under Article 11 of GDPR, if the purposes for which a controller processes Personal Data do not require the identification of a Data Subject, the controller shall not be obliged to maintain, acquire or process additional information in order to identify the Data Subject solely to comply with GDPR and Data Subject Rights do not apply unless the controller actually receives additional information that enables the Data Subject to be identified.
(iii) Processing Based Upon Consent. Our collection and Processing of your Personal Data associated solely with (i) your visitation to our Sites, without the purchase or preparation for purchase of any products or services, or (ii) for our own marketing purposes is your consent.
(iv) Processing Based Upon Legitimate Interests. Our collection and Processing of your Personal Data in connection with your purchase or use of any of our Products and Services, is our Legitimate Interests.
(c) Corresponding with us Regarding Your Data Subject Rights
Please use the contact information provided in Section 9 below to contact us with any questions or concerns about your Personal Data. If access to your Personal Data, as set out above, is denied, you have the right to be informed about the reasons for denial. In addition, you may contact your country’s regulatory body or supervisory authority.
9. How to Contact Us
Positive Parenting Solutions, Inc.
14460 Falls of Neuse Rd.
Raleigh, NC 27614
You can also call us at 1-800-604-1092.