Last Revised: January 25, 2013
This Privacy Statement (“Statement”) governs the policies and procedures for information security and use by Think2Perform, Inc. (“Company” or “we” or “our”) by the reader of this Statement (“you” or “your”). We will not use or share your information with anyone except as described in this Statement. Please become familiar with our privacy practices. By accessing or using our internet domain and website, http://www.think2perform.com (“Website”), you consent to the privacy practices described in this Statement.
Notice of Privacy Statement
- Our Commitment to You. We are committed to the protection and security of your information. In fact, our success is dependent upon it. We help individuals, teams and organizations improve performance, whether in business or sports, profit or non-profit. We can only be effective in the delivery of our services by fostering a culture of values, including confidentiality, integrity and respect. Some of the information you submit to the Company in creating an Account, and the information you submit to our provider of payment management services (“Gateway Services”) when you purchase goods or services from the Company, is “personally identifiable information.” As such, this non-public information is subject to state and federal laws and regulations of the United States, as well as foreign countries and certain leagues of nations, governing our collection and use of such information. Personally identifiable information is information about a person that contains some unique identifier from which the identity of the person can be determined, such as name, home address, email address, social security number, date and place of birth, mother’s maiden name, driver’s license number, credit and debit card information, employment history and the like which is linked or linkable to an individual (collectively, “Information”). Our privacy practices incorporate disclosures and safeguards on these key identifiers.
- Application of U.S. Law; Notice. If you access the Website or communicate with the Company from a place other than the United States, such actions may result in the transfer of your Information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or Asia-Pacific Economic Cooperation, or other regions with laws governing data collection and use that may differ from U.S. law, please note that you will be transferring Information to a country or jurisdiction that does not have the same privacy protection laws as your country or jurisdiction. Please note that the Company has not adopted the U.S-E.U. Safe Harbor Framework Privacy Principles or the APEC Privacy Framework.
Collection of Your Information
- Overview. The Company uses your Information to operate and maintain the Website and to provide you the Content, analyze how the Website and Content is used, diagnose technical problems, maintain security, personalize content, remember technical data to help you efficiently access your Account, monitor aggregate metrics and to view Content as necessary to protect the intellectual property, privacy and publicity rights of third parties under the Digital Millennium Copyright Act and other applicable laws and regulations.
- What We Will Collect. When you browse the Website, create an Account or purchase goods and/or services from the Company, whether such interaction is made directly through the Website or via a third- party website, and whether such interaction is paid (for example, when you purchase a subscription to receive Content for your own or someone else’s benefit) or free (for example, when you browse the Website or connect to Outside Content via External Hyperlinks), we will collect personally identifiable information from you, such as your full name, email address, postal address and landline or mobile telephone number(s). Some of the requested information is required to use the Website; other information is optional. The required information is clearly marked as such on the registration pages of the Website. The Company only obtains personally identifiable information from users if they voluntarily supply it, such as in the act of creating an Account, subscribing to a service or purchasing a product. The Company will automatically collect information about your computer and wireless device hardware and software as is common to all such website services on the Internet. This information can include your type of web browser, the name of your Internet Service Provider (ISP), the Internet Protocol (IP) address from which you contact us or interact with the Website, the disclosure of webpages you visited, actions you take within the Website, access dates and times, referring and exit website addresses, in addition to certain click behavior. We will use IP addresses in any effort to discover the identities of unauthorized users of the Website in the event of a breach of security or to enforce compliance with the Agreement or applicable laws and regulations, including without limitation the intellectual property rights of others. The Company may also collect or have a third-party collect on our behalf aggregated statistical information about our subscribers and the ways in which they use our products and services. This aggregated statistical information does not include personally identifiable information. The Company would use this non-identifying information for market research purposes and to enhance the Website and improve the diversity and quality of the products and services we offer.
- What We Will Not Collect; Phishing, Smishing or Vishing. The Company will not initiate a request of you to disclose a social security number, any financial institutions routing or account numbers, tax identification number, username, password or personal identification number(s) to use the Website or Outside Content. You should delete, discard, disregard or ignore any attempt to acquire sensitive personal information through the use of either official-looking electronic communications like email (phishing) or text messaging (smishing) or by phone call or voice mail (vishing) that in any way implicate the Company as the source of the request or threat. If you think you have received a fraudulent email, text message or other electronic communication from us, but you haven’t acted on it, please forward the information to us at this email: email@example.com. You will receive an automated response from us to let you know we received the email and that we will begin our investigation into the matter. You can learn more about how to avoid such scams and to be on guard against fraud while using the Internet, how to secure your computer and wireless device and how to protect your valuable personal information by visiting the following online service of the U.S. Government: http://onguardonline.gov/topics/avoid-scams.
- What Others May Collect. The Company encourages you to review the privacy statements of third- party websites you choose to link to or from the Website so that you can understand how those websites collect, share and use your information. These third-party websites do not operate under this Statement and may independently solicit and collect information, including personally identifiable information, from you. Your browsing and interaction on any other website, including those that link from or to the Website, is subject to that website’s owns rules and policies. The Company is not responsible for the privacy practices or content of websites outside the Service, as fully disclosed in the Agreement (see, “Links to Third Party Sites”).
Use of Your Personal Information
- Our Direct Use. The Company collects and uses personally identifiable information to operate the Website and to deliver the products or services you request. We will communicate with you on all relationship and transactional matters, such as administrative notices and service announcements, via electronic mail (email) or short messaging services (a/k/a “text message”). The Company may also use personally identifiable information to inform you of other services available from the Company. We may use your email address to send you any notices required by law, in lieu of communication by postal mail. If you correspond with us by email, we may retain the content of your email message, your email address and our response. The Company may keep track of websites and webpages that users visit from the Website to determine which elements of the Website receive the most interest. This data is used to deliver customized content to users whose behavior indicates that they are interested in a particular subject area or to further enhance the Website or the Content. The Company may share data with its trusted partners to help perform statistical analysis, send you email or provide customer support. All such third parties are prohibited from using personally identifiable information except to provide these services to the Company, and they, too, are required to maintain the confidentiality of personally identifiable information. We select only those vendors that as a matter of their own high business practice have implemented and maintain industry- standard security procedures to protect personally identifiable. Notice to Users in California: California Civil Code Section 1798.83 permits California residents to request and obtain from us, on an annual basis and free of charge, information about the personally identifiable information (if any) we disclosed to third parties for direct marketing purposes during the immediately preceding calendar year. If applicable, this information would include a list of the categories of personally identifiable information that was shared and the names and addresses of all third parties with whom we shared such information. If you are a California resident and would like to make such a request, please submit your request in writing to: Online Privacy Coordinator, THINK2PERFORMTM, Inc., 271 Baker Building, 706 Second Avenue South, Minneapolis, MN 55402.
- Notification of Changes to This Statement. If the Company decides to use personally identifiable information in any manner that varies from that stated at the time of collection, the Company will notify you via email. You will have the choice to stop or limit the Company’s use of personally identifiable information in a different manner. In addition, if the Company makes any material changes in our privacy practices that do not affect personally identifiable information, the Company will post a prominent notice on the Website notifying users of those changes. In either event, you have the legal right to “opt out” of such changes, as more fully described below.
- Compelled to Disclose by Legal Process or To Eliminate Perceived Threat to Others. The Company will disclose personally identifiable information, without notice to you, when the Company in good faith believes that such action is necessary to: (A) conform to the edicts of the law or comply with legal process, such as a court order, subpoena or other legal obligation; (B) protect and defend, in its sole and absolute discretion, the rights or property of the Company and its officers, directors, shareholders and employees; or (C) act under exigent circumstances to protect the personal safety of users of the Website or the Service or the public at large.
- Affiliate Transfers or Sale of Assets or Operations. In the event the Company is acquired by or merged into a legally affiliated entity, or in the event of a transfer of assets or operations, the Company may disclose or transfer personally identifiable information in connection with such transaction. The Company shall notify you via email or by posting a prominent notice on the Website for at least thirty (30) days of any such change in ownership of the Company or its assets resulting in a change of control over personally identifiable information. For anyone of these events, you have the right to “opt out” of the transfer of your personally identifiable information, as more fully described below.
Security of Your Information
In addition to good governance, the Company deploys a variety of physical and technological approaches aimed at protecting the confidentiality and security of your Information. If you are concerned that your Information may have been compromised, please contact us immediately via email at: firstname.lastname@example.org. You will receive an automated response from us to let you know we received the email and that we will begin our investigation into the matter.
- Use of Advanced Technology. Your personal information is protected by advanced technology. The Website has security measures in place to protect against the alteration, misuse, loss or theft of the information under the Company’s control. The Company secures personally identifiable information from unauthorized access, disclosure or use through the use of encryption. The Company currently deploys the Secure Sockets Layer (“SSL”) protocol. SSL, and its updated version, TLS, support most e-commerce transactions through end-to-end encrypted sessions that are authenticated and that require certificates that are verified by certificate authorities (“SSL Certificate Authorities”). However, the Company assumes no responsibility for and has no independent duty to authenticate SSL Certificate Authorities and specifically disclaims any liability for fraudulent certificates. The Company will constantly monitor advancements in encryption technology and deploy the safest, most advanced standard.
- Physical Access Restricted. The hardware infrastructure which hosts the Website is housed in a controlled access facility, allowing only authorized individuals with positive identification to enter the premises. The network infrastructure is protected by a firewall and traffic is monitored and logged on both the firewall and the servers. All employees with access to personally identifiable information will be properly trained in Company security policies and practices. The Company will continue to conduct internal audits of its security systems and make all necessary enhancements to ensure the integrity of the Website and the safety of its users.
- Disclaimer. While the Company will deploy the latest advancements in secure technology, given the open nature of the Internet and the proliferation of electronic espionage and other organized efforts by hackers to steal valuable information from companies, individuals and even nations, we cannot guarantee that any personally identifiable information stored on our servers or those of our vendors, or transmitted to the Website, will be free from unauthorized access. The Company specifically disclaims any liability for any theft or loss of, unauthorized access or damage to, or interception of any of your Information, including but not limited to personally identifiable information.
- Cookies. A “cookie,” also known as a web or browser cookie, is a small text file that is placed on one’s computer hard disk by a web server. Cookies cannot be used to run programs or deliver viruses to the hard disk. Cookies are uniquely assigned to the user and can only be read by a web server in the domain that issued the cookie to that user. The Website will use essential, persistent and session cookies to help personalize and enhance the user experience, as follows:
(A) “Essential” cookies are required for the operation of the Website. For example, some cookies allow the Company to identify subscribers and to ensure they can access the subscription only pages. If a subscriber opts to disable these essential cookies, the user will not be able to access all of the Content that their particular subscription entitles them to;
(B) “Persistent cookies” remain on your hard drive after you close your web browser and are used to save you time and effort by telling the web server that you have returned to a specific page. For example, if you personalize the webpages of the Website, a persistent cookie helps the Website recall your specific information on subsequent visits. This technique simplifies the process of recording personally identifying information, such as email addresses and telephone numbers, helps you log in faster and ultimately enhances your navigation through the Website and access to Content. We also use persistent cookies to provide you with an enhanced online experience, such as allowing you to listen to an audio clip, watch a video or comment on a blog; and
(C) “Session cookies” are temporary and are used to verify unique session status of users while they are interacting with the Website from their computer or wireless device. Usage of a session cookie is in no way linked to any personally identifiable information while visiting the Website. A session cookie disappears after you close your web browser.
- Web Beacons and Other Technologies. The Website may use “web beacons” or “pixel tags” and related technologies to track your use. We may also include web beacons and pixel tags in email messages or newsletters to determine whether messages have been opened and acted upon. When aggregated, this tracking information allows us to customize and further refine the Website and the Content and to measure their overall effectiveness.
- Log Files. Our servers automatically record certain information sent by your web browser to the Website. These server logs will include information such as your ISP, IP address, browser type, referring / exit pages and URLs, nature and number of clicks and how you interact with the Website and hyperlinks on the Website, domain names, landing pages, pages viewed, mobile carrier and other such industry- standard technical information. The Website captures this information solely for the purposes of analysis. This information is intended for internal use only and will not be disclosed to third parties. Log files may assist the Company in any effort to discover the identities of unauthorized users of the Website in the event of a breach of security or to enforce compliance with the Agreement. Log files are also used to provide you with the ability to analyze and understand all activities within Your Account.
Protection of Children
The Company values the privacy of young children, so the Website is not intended for or directed to persons under the age of thirteen (13). We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Website. If we learn that the Website personal information from or about a child under 13 without prior verification of parental consent, as required by law, we take immediate steps to remove that information. If you believe that the Website might contain any information from or about a child under the age of 13, please email us at: email@example.com.
Opt-Out Options & Updating Your Information
You may opt out of receiving non-transactional communications or modify your Account at any time. To opt-out of email or text messages, please contact the Company at your earliest opportunity by sending us an email at: firstname.lastname@example.org. In the body of the email, please indicate your desire to opt-out of receiving the email or text message. If not self-evident, please provide a brief description of the communication within your email to us.
You can log into your Account to make changes to your Information or use any of the following options:
- You may send an email to email@example.com;
- You may send regular mail to THINK2PERFORMTM, Inc. at the following postal address: 271 Baker Building, 706 Second Avenue South, Minneapolis, MN 55402; and/or
- You may call us at: (612) 333-8791.
Changes to This Statement
The Company will promptly update this Statement in response to security threats and to comply with applicable laws and regulations governing the confidentiality, protection and security of personally identifiable information. We may also modify our privacy practices to reflect user experience and feedback. The Company encourages you to periodically review this Statement to be informed of how the Company is protecting the confidentiality and security of personally identifiable information.