SOFTWARE PRIVACY POLICY

Your privacy is very important to WinFactor, LLC, a Florida limited liability company (“us”, “we”, “our”), and as such, we have implemented this Privacy Policy, which outlines the policies we use to protect your Personal Information (as defined herein). We are committed to protecting your Personal Information and your right to privacy.

This Privacy Policy governs how your Personal Information is collected and used while using our software, or while engaging with other products and services offered by us. As used herein, “Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with a particular individual, including, but not limited to, his or her name, screen name, user name, signature, social security number, physical characteristics or description, photographs, videos, or audio files, address, telephone number, geolocation information sufficient to identify street name and name of a city or town, online contact information, passport number, driver’s license or state identification card number, persistent identifier that can be used to recognize a user over time and across different websites or online services, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information. However, “Personal Information” does not include (a) publicly available information that has been lawfully made available to the general public, or (b) any information to which you have granted publicity rights to us.

This Privacy Policy applies to users of our website (www.winfactor.com), users of our software, including all of our mobile applications, and users of other products or services offered by us (referred to collectively as our “Sites”).

We seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. We hope you take some time to read through this Privacy Policy carefully, as it is important. If there are any terms in this Privacy Policy that you do not agree with, please immediately discontinue use of our Sites and our services.

Please read this Privacy Policy carefully as it will help you make informed decisions about sharing your Personal Information with us.

1. WHAT INFORMATION DO WE COLLECT?

We collect information and Personal Information that you voluntarily provide to us at any time, including without limitation, when you register to utilize our software, participate in activities on the Sites, place content within our software, or otherwise contacting us. As just one example, within Credit Alliance^TM, a community sharing platform hosted by WinFactor, we will collect any information that you voluntarily provide, such as data, comments, and other information, such as rate sheets.

All Personal Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Personal Information.

The Personal Information that we collect depends on the context of your interactions with us and the Sites, the choices you make, and the products, services, and features you use. The Personal Information we collect can include, without limitation, the following:

Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.

Communication Data. We collect data regarding messages, or other communications, including the date and time of the communications and the content of the communications.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.

Payment Data. All of your payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly should you have any questions. In addition, we may retain truncated versions of your payment data.

Surveys. We may ask you to take surveys about your use of the Sites and we greatly value the opinions of our users. We will collect, maintain, and may share the information you provide in any such surveys, and will strive to use that information to continue to improve your experience.

Photographs. We collect photographs that you may upload to any of our Sites.

Information Automatically Collected. When you use our services or visit our Sites, we also automatically collect certain information about how and when you visit, use, or navigate the Sites. This information generally does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Sites and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.

Information Collected from Other Sources. We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links).

2. HOW DO WE USE YOUR INFORMATION?

We will use Personal Information: (1) to administer our Sites and our software, products, and other services, (2) to make reports and submissions to governmental agencies and branches, as required or permitted by law, (3) to compile market and statistical reports based on aggregated information (but such reports do not contain Personal Information and do not disclose your Personal Information), (4) to allow us to better respond to the your needs and preferences, (5) to invite you to participate in our surveys or to provide feedback to us, (6) for data analysis, audits, developing new products and services, identifying usage trends and determining the effectiveness of our software and services, (7) to allow our payment processor partner to process transactions, and (8) to enforce our terms, conditions and policies for business purposes and/or for legal reasons.

We may use data analytics tools like Google Analytics to help us better understand how users interact with our Sites, software and services. These tools may collect information about your device, location, website and application usage patterns, and user interactions such as mouse movements, clicks, scrolls, and keystrokes. The information gathered by these analytics providers is transmitted to and stored by them on their servers, which may be located worldwide. We may use the data from these analytics services to analyze usage trends, administer and improve our products and services, track user movement through our offerings, gauge effectiveness of marketing efforts, and gather broad demographic information for statistical purposes. The analytics providers may also transfer or allow access to this data to trusted third parties for similar purposes, such as to assist us with our operations or to comply with legal requirements. We may use information provided to us, such as information uploaded into Credit Alliance^TM, in an aggregated and anonymous matter for the production of derivative products, including but not limited to reports, memoranda, data compilations, and other products.We may send email announcements, SMS text, or app messages concerning information about our software, products, services features, and events that we believe you may be interested in.

We may use and store information about your location if you give us permission to do so. We use this data to provide features of our software and services, and to improve and customize our services. You can enable or disable location services when you use our services at any time by way of your device settings.

Sometimes, at our discretion, we may include or offer links to third-party websites. These third-party sites have separate and independent privacy policies. Therefore, we have no responsibility or liability for the content or activities of these linked sites. We encourage you to closely review the privacy policies contained within each third-party website.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We may share your Personal Information with third parties partners, such as our payment processor, who assist us in operating our Sites, conducting our business, preparing market and statistical reports, and providing services to you.

As is common practice among companies that operate online, we allow certain third-party advertising networks, social media companies and other third-party businesses to collect and disclose your Personal Information (including internet / network information, commercial information, and inferences) directly from your browser or device through cookies or tracking technologies when you visit or interact with our Sites, use our mobile applications or otherwise engage with us. These third parties use your Personal Information for purposes of analyzing and optimizing our services. These third-party businesses may use such information for their own purposes in accordance with their own privacy statements, and may sell the information to third parties, including other advertising networks, for advertising and other purposes.

We may disclose your Personal Information where we are legally required or requested to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include, if applicable, our parent company and any subsidiaries, related companies under common ownership, joint venture partners or other companies that we control or that are under common control with us.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

When you access our Sites from your personal computer or mobile device, we may install on your device a small text file that enables us to recognize your browser through your account screen name. Most websites typically use the following: “session cookies” that are temporary and are deleted when you close your browser; as well as “persistent cookies” that remain until you delete them or they expire. We install a session cookie that expires when you log off your session; or, if you don’t log off, then two weeks after installed. We do not install persistent cookies. Many browsers allow the user to block the installation of cookies. If you block cookies, you may not be able to make full use of our Sites.

We are not responsible for cookies installed by any third-party website, even if the third-party website is accessed by a link through one of our Sites. Rather, inclusion in our Sites of any link to a third-party website does not imply our endorsement of the third-party website or its content or the third party. You should review the third-party website’s privacy policies.

5. HOW DO WE KEEP YOUR INFORMATION SAFE?

To safeguard the confidentiality of your Personal Information, we implement password protection and a variety of security measures when you enter, submit or access your Personal Information. We use a server to protect your Personal Information and to prevent unauthorized access and disclosure.

Although we work very hard to protect your Personal Information and privacy, we do not promise, nor should you expect, that your Personal Information or private communications will always remain private. We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your Personal Information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.

6. WHERE DO WE STORE YOUR INFORMATION?

Our Sites are hosted by third parties, such as WP Engine or Amazon Web Services (AWS) cloud infrastructure. AWS, the host of our software, operates data centers globally, so your information may be processed and stored on servers located in the United States as well as other countries around the world. Additionally, we may use third-party service providers such as payment processors which may require access to some customer information. These providers may operate cloud services or systems that are located in different countries than where you reside.

Due to the distributed, cloud-based nature of our services and third-party integrations, we cannot specify precisely which countries your data may be transferred to or stored in. However, we make reasonable efforts to ensure providers we work with maintain appropriate data protection standards no matter where your information is processed or stored.

By using our Sites, you acknowledge that your information may be transmitted to and stored in any country in the world, including countries which may have data protection laws different from those that apply in your home country. We will retain Personal Information, including information from closed accounts, to comply with law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, enforce our policies, prepare marketing and demographic studies and statistical reports, and to take any necessary or appropriate actions permitted by law. Please be aware that it is technologically impossible or impracticable to remove from our servers every record or information that you provide to us. The need for backup means that a copy of your Personal Information may exist in non-erasable form.

If you request the removal of your Personal Information from our database, we will take all reasonable steps to comply with your request. If you request such removal or have questions or comments about this Privacy Policy or our collection, safeguarding and use of Personal Information, you may present the inquiry by writing in the form of signed hard copy to: WinFactor, LLC, 502 E Main St., Lakeland, FL 33801.

7. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from, or market to, persons under 18 years of age. By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Sites. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at support@winfactor.com.

8. WHAT ARE YOUR PRIVACY RIGHTS?

We value your use of our software and services but we understand if you decide that you no longer want to provide us with your Personal Information. If this ever becomes the case, you may contact our offices at the addresses listed below to inquire about how to terminate your account. All data provided to us will be maintained and disposed as described in this Privacy Policy and we will delete it as soon as we have no ongoing business purpose or legal reason to process your Personal Information.

9. CALIFORNIA PRIVACY POLICY

These additional California Privacy Disclosures (the “CA Disclosures”) supplement the information contained in our Privacy Policy and apply solely to individual residents of the State of California.

These CA Disclosures provide additional information about how we collect, use, disclose and otherwise process Personal Information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our Privacy Policy or as otherwise defined in the CCPA.

For purposes of these CA Disclosures, “Personal Information” has the meaning provided by the CCPA and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with us, or that is excluded from the CCPA’s scope. This section does not apply to information relating to our employees, contractors, and other personnel.

As a California resident, you may be able to exercise the following rights (subject to certain limitations at law):

• The Right to Know any or all of the following information relating to your Personal Information we have collected and disclosed in the last 12 months, upon verification of your identity:
  
  • The specific pieces of Personal Information we have collected about you;
  • The categories of Personal Information we have collected about you;
  • The categories of sources of the Personal Information;
  • The categories of Personal Information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
  • The categories of Personal Information we have sold and the categories of third parties to whom the information was sold; and
  • If applicable, the business or commercial purposes for collecting or selling the Personal Information.
• The Right to Request Deletion of Personal Information we have collected from you, subject to certain exceptions (please note that we may be unable to provide you with access to our services if you choose to delete certain Personal Information, but we will always let you know if that is the case).
• The Right to Opt Out of Personal Information Sales to third parties now or in the future.

You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process Personal Information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.

How to Exercise Your California Privacy Rights: You may submit a request to exercise your California Consumer Rights by emailing us at support@winfactor.com.

Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally require the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional Personal Information from you.

In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

In certain circumstances, California residents are permitted to use an authorized agent to submit requests to know or delete Personal Information on their behalf through the designated methods set forth herein, where we can verify the authorized agent’s authority to act on their behalf by:

• Receiving a power of attorney valid under the laws of California from the consumer or their authorized agent; or
• Receiving sufficient evidence to show that the consumer has:
  
  • provided the authorized agent signed permission to act on their behalf;
  • verified the consumer’s own identity directly with us pursuant to the procedures set forth in these CA Disclosures; and
  • directly confirmed with us that the consumer provided the authorized agent permission to submit the request on their behalf.

California’s “Shine the Light” law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of Personal Information to third parties for their direct marketing purposes. To opt-out of having your Personal Information disclosed to third parties for their direct marketing purposes, please contact us at support@winfactor.com and provide your contact information to be added to our suppression list.

10. DO EUROPEAN RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In conformity with the EU General Data Protection Regulation (“GDPR”) and U.S. and Swiss-U.S. and Swiss-U.S. Privacy Shield Frameworks, we have enacted the GDPR legal grounds into our general policies and further provide the following options to users in the EU, with respect to the handling of their personal information. EU users are permitted to request and obtain from us an explanation of the information we have collected and how we have utilized that information, as well as a copy of the information collected by us on the basis of a user’s consent (or in furtherance of any services requested by a user). Should a user believe any information received is inaccurate, the user has the right to request correction of the information and may e-mail us at support@winfactor.com for correction requests. Users may also request deletion of their accounts at any time by submitting an e-mail request to support@winfactor.com.

Additionally, if you are a 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. Users may find the contact details of their respective data protection authority at the following website: https://edpb.europa.eu/about-edpb/about-edpb/members_en

Should any user wish to exercise the options described herein, users may also submit a request to our data protection officer via e-mail at support@winfactor.com.

11. DO WE MAKE UPDATES TO THIS POLICY?

Our Privacy Policy is subject to change, so you are encouraged to review the Privacy Policy from time to time. We reserve the right to alter, modify, update, add to, subtract from, or otherwise change this Privacy Policy at any time.

12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this Privacy Policy, you may mail us by post to:

WinFactor, LLC

502 E Main St

Lakeland, FL 33801