Privacy Policy – Erg Dude

Last updated: July 8th, 2021

OVERVIEW

POWER TEN DEVELOPMENT, LLC (“ERG DUDE”) RESPECTS THE PRIVACY RIGHTS OF OUR USERS AND IS COMMITTED TO PROTECTING AND CONTINUING PROTECTING THE INFORMATION COLLECTED THROUGH THIS APP. POWER TEN DEVELOPMENT, LLC HAS ADOPTED THIS PRIVACY POLICY (“PRIVACY POLICY”) TO EXPLAIN HOW ERG DUDE COLLECTS, STORES, AND USES THE INFORMATION COLLECTED IN CONNECTION WITH ERG DUDE.

BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THIS APP, YOU HEREBY AGREE TO BE BOUND BY THIS PRIVACY POLICY AND GIVE YOUR INFORMED CONSENT TO THE STORAGE, USE, AND PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS ANY APPS.

CHANGES

We reserve the right to modify this Privacy Policy at any time, thus we recommend reading this privacy policy from time to time. If there is a material or significant change to this Privacy Policy, the updates will be posted to the Erg Dude app. Any changes to this Privacy Policy will be effective upon their being posted on the Erg Dude app. Your continued use of our Apps will signify your acceptance of the changes to this Privacy Policy.

This Privacy Policy describes our policies and procedures on the collection, use, and disclosure of personal information when using the Service and tells privacy rights and how the law protects the collected information. 

We use collected data to provide and improve the service. By using the service, you agree to the collection and use of information in accordance with this Privacy Policy.

INTERPRETATION

Words of which the initial letter is capitalized are defined below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINITIONS

For the purposes of this privacy policy:

Account means a unique account created for You to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Application means the software program provided by POWER TEN DEVELOPMENT, LLC downloaded by you, the consumer, on any electronic device, named Erg Dude

Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to POWER TEN DEVELOPMENT, LLC as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California running the application Erg Dude .

Company (referred to as either “POWER TEN DEVELOPMENT, LLC”, “We”, “Us” or “Our” in this Agreement) refers to Power Ten Development, LLC, 7107 S. Yale Ave #455, Tulsa, OK, 74136. For the purpose of the GDPR, POWER TEN DEVELOPMENT, LLC is the Data Controller running the application Erg Dude 

Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.

Country refers to: United States of America

Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to POWER TEN DEVELOPMENT, LLC as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.

Personal Data is any information that relates to an identified or identifiable individual. An identifiable individual is a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the natural person.

For the purposes of GDPR, personal data means any information relating to the consumer such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

For the purposes of the CCPA, personal data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information to another business or a third party for monetary or other valuable consideration.

Service refers to the application.

Service Provider means any natural or legal person who processes the data on behalf of POWER TEN DEVELOPMENT, LLC. It refers to third-party companies or individuals employed by POWER TEN DEVELOPMENT, LLC to facilitate the Service, to provide the Service on behalf of POWER TEN DEVELOPMENT, LLC, to perform services related to the Service or to assist POWER TEN DEVELOPMENT, LLC in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

Usage Data refers to data collected automatically, either generated by the use of the service or from the service infrastructure itself (for example, the duration of a page visit).

You means the individual consumer accessing or using the application, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.

Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the user as you are the individual using the Service.

Collecting and using your personal data

While using our site or Erg Dude, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. This information is used for the following purposes.

  • For registration to use services provided by this site.
  • Registration for the e-newsletter.
  • Any other information for use of Erg Dude.

We do not sell or share this information to other entities and treat your private information with care.

Notifications

If you sign up for the mailchimp newsletter you will receive the newsletter when it is sent out periodically.  You can unsubscribe from the e-newsletter at any time using the link at the bottom of each e-newsletter that you receive.

HOW WE COLLECT YOUR PERSONAL INFORMATION

We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way.  Where it is reasonably practical to do so, we will collect your personal information directly from you.  We may collect personal information through some of the following means:

when you use the App for analytics purposes;

when you contact us, including via telephone or email

as otherwise required to manage our business.

Data Collected From The PM5 Monitor by Erg Dude includes watts of rowing stroke.

In regards to Erg Dude ALL INFORMATION and data is stored on the personal device and we are not storing any information on any of our servers and no information is transmitted. The only exception to that may be as follows:

The only analytics that are received are the analytics that are sent to Apple (iOS) as part of our developers account for those respective platforms. This information is only provided if the user opts into submitting diagnostics on their iOS. All of this is anonymous but does have geography, crash data, number of app sessions, session length, etc. as required by Apple. The handling of this data is governed by Apple’s Privacy Policy.

Withdrawal of consent. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at neil@powertendevelopment.com

or

mailing us at 7107 S. Yale Ave #455 Tulsa, OK 74136-6308.

POWER TEN DEVELOPMENT, LLC collects non-personal data from you to make your use of the Apps more efficient and useful. Erg Dude also uses tools and third-party analytical software to automatically collect and use certain non-personal data that does not directly enable the application to identify you. The types of non-personal data Erg Dude may collect and use include, but are not limited to: (i) device properties, including, but not limited to a unique device identifier or another device identifier; (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data location; (v) achievements; (vi) other non-personal data as reasonably required by POWER TEN DEVELOPMENT, LLC to enhance the App.

POWER TEN DEVELOPMENT, LLC shares non-personal data, including both data you provide and data which is automatically collected, with our partners and contractors for purposes of analyzing usage of the Apps, advertisement serving, managing and providing the Apps, and to further develop the Apps and other POWER TEN DEVELOPMENT, LLC services and products.

DERIVATIVE DATA

Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application. derivative data may also include data collected by third-party service providers, such as advertising and analytics providers, and may include cookies, log data, or web beacons. Cookies are discussed more fully below. Derivative data collected by third-party service providers generally does not identify a specific individual.

USAGE DATA

Usage Data is collected automatically when using the app.

Usage data may include information such as your device’s internet protocol address (e.g. IP address), browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that your browser sends whenever you visit our service or when you access the service by or through a mobile device.

USE OF PERSONAL DATA

POWER TEN DEVELOPMENT, LLC may use personal data for the following purposes:

To provide and maintain our service, including to monitor the usage of our service.

To manage Your Account: to manage Your registration as a user of the service. The personal data You provide can give you access to different functionalities of the Service that are available to you as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the service.

To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless You have opted not to receive such information.

To manage Your requests: To attend and manage your requests to us.

For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our service users is among the assets transferred.

For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Service, products, services, marketing, and your experience.

We may share your personal information in the following situations:

  • With Service Providers: We may share your personal information with service providers to monitor and analyze the use of our service, to contact you.
  • For business transfers: We may share or transfer your personal 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.
  • With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any other subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
  • With business partners: We may share your information with our business partners to offer You certain products, services, or promotions.
  • With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With your consent: We may disclose your personal information for any other purpose with Your consent.

RETENTION OF YOUR PERSONAL DATA

POWER TEN DEVELOPMENT, LLC will retain your personal data only for as long as is necessary for the purposes set out in this privacy policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

POWER TEN DEVELOPMENT, LLC will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our service, or we are legally obligated to retain this data for longer time periods.

TRANSFER OF YOUR PERSONAL DATA

your information, including personal data, is processed at POWER TEN DEVELOPMENT, LLC’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.

CROSS BORDER TRANSFER

POWER TEN DEVELOPMENT, LLC is located in the United States and must adhere to the laws of the United States. You agree that personal information collected on our Site may be stored and processed in the United States or any other country in which Erg Dude, its affiliates, partners, service providers, or agents maintain facilities and while in such jurisdictions may be subject to access pursuant to the laws of those jurisdictions.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

POWER TEN DEVELOPMENT, LLC will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

The EU-U.S Privacy Shield Framework.

Power Ten Development, LLC complies with the EU-U.S. Privacy Shield Framework (Privacy Shield) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and the United Kingdom to the United States in reliance on Privacy Shield. Power Ten Development, LLC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

POWER TEN DEVELOPMENT, LLC is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Power Ten Development, LLC complies with the Privacy Shield Principles for all onward transfers of personal data from the EU but not including Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to each Privacy Shield Framework, Power Ten Development, LLC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Power Ten Development, LLC may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. In compliance with the Privacy Shield Principles, POWER TEN DEVELOPMENT, LLC commits to resolve complaints about our collection or use of your personal information. European individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Power Ten Development, LLC at:

Attn: Privacy Manager 

7107 S. Yale Ave #455

Tulsa, OK

74136-6308

or email at ​ neil@powertendevelopment.com

POWER TEN DEVELOPMENT, LLC has further committed to refer unresolved Privacy Shield complaints to EU Data Protection Authority, an alternative dispute resolution provider located in the EU. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit the EU DPA website for more information or to file a complaint. The services of EU DPA are provided at no cost to you. Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

Users from Switzerland are not permitted to use any services that Erg Dude provides.

General Data Protection Regulation (GDPR) – European Representative

Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Power Ten Development, LLC has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR: -by using EDPO’s online request form: https://edpo.com/gdpr-data-request/ -by writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium

UK General Data Protection Regulation (GDPR) – UK Representative

Pursuant to Article 27 of the UK GDPR, Power Ten Development has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR: – by using EDPO’s online request form: https://edpo.com/uk-gdpr-data-request/ – by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom

DISCLOSURE OF YOUR PERSONAL DATA

Business Transactions

If POWER TEN DEVELOPMENT, LLC is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Third Party Processing

We may disclose your information to third parties in order to assist us with various tasks like hosting services, payment processing, communications and customer service. We do not disclose any of your personal information if not required by law.

Payment Processing

For most payment processes, we do not process your payment information but rather it is processed by third party processors for processing. 

Law enforcement

Under certain circumstances, POWER TEN DEVELOPMENT, LLC may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose your personal data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of POWER TEN DEVELOPMENT, LLC
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of users of the service or the public
  • Protect against legal liability

SECURITY OF YOUR PERSONAL DATA

The security of your personal data is important to POWER TEN DEVELOPMENT, LLC, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process, and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

ANALYTICS

We may use third-party Service providers to monitor and analyze the use of our Service. See above from Apple Developer Analytics that are sent to Apple to show information on Erg Dude app use. 

EMAIL MARKETING

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

Mailchimp

Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.

For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/

INTERNATIONAL DATA

Our website is hosted by A2HOSTING, in which their server is hosted in the United States. If you reside outside of the United States, some of your data is stored in that server. We use all reasonable methods to protect your data during transfer, including hosting our website on reputable servers. Using this website and/or Erg Dude and providing us your information means you consent to this transfer, processing, and storage of your information in the United States. 

GDPR Privacy

LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER GDPR

We may process personal data under the following conditions:

  • Consent: You have given consent for processing personal data for one or more specific purposes.
  • Performance of a contract: Provision of personal data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
  • Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which POWER TEN DEVELOPMENT, LLC is subject.
  • Vital interests: Processing personal data is necessary in order to protect your vital interests or of another natural person.
  • Public interests: Processing personal data is related to a task that is carried out in the public interest or in the exercise of official authority vested in POWER TEN DEVELOPMENT, LLC.
  • Legitimate interests: Processing personal data is necessary for the purposes of the legitimate interests pursued by POWER TEN DEVELOPMENT, LLC.

In any case, POWER TEN DEVELOPMENT, LLC will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

YOUR RIGHTS UNDER THE GDPR

POWER TEN DEVELOPMENT, LLC undertakes to respect the confidentiality of your personal data and to guarantee you can exercise your rights.

You have the right under this privacy policy, and by law if you are within the EU, to:

  • Request access to your personal data. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the personal data we hold about you.
  • Request correction of the personal data that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
  • Object to processing of your personal data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your personal data on this ground. You also have the right to object where we are processing your personal data for direct marketing purposes.
  • Request erasure of your personal data. You have the right to ask us to delete or remove personal data when there is no good reason for us to continue processing it.
  • Request the transfer of your personal data. We will provide to you, or to a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw your consent. You have the right to withdraw your consent on using your personal data. If You withdraw your consent, We may not be able to provide you with access to certain specific functionalities of the service.

EXERCISING OF YOUR GDPR DATA PROTECTION RIGHTS

You may exercise your rights of access, rectification, cancellation, and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, We will try our best to respond to you as soon as possible.

You have the right to complain to a Data Protection Authority about POWER TEN DEVELOPMENT, LLC’s  collection and use of your personal data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

CCPA Privacy

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

CATEGORIES OF PERSONAL INFORMATION COLLECTED

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us but reflects our good-faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if such information was directly provided to us by you, the consumer.  

Category A: Identifiers.

Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.

Collected: No.

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected: No.

Category C: Protected classification characteristics under California or federal law.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected: No.

Category D: Commercial information.

Examples: Records and history of products or services purchased or considered.

Collected: No.

Category E: Biometric information.

Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Only the last two listed here apply to Erg Dude.

Collected: No.

Category F: Internet or other similar network activity.

Examples: Interaction with our app or website.

Collected: Yes.

Category G: Geolocation data.

Examples: Approximate physical location.

Collected: Yes.

Category H: Sensory data.

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

Collected: No.

Category I: Professional or employment-related information.

Examples: Current or past job history or performance evaluations.

Collected: No.

Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Collected: No.

Category K: Inferences drawn from other personal information.

Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Collected: No.

Under CCPA, personal information does not include:

  • Publicly available information from government records
  • Deidentified or aggregated consumer information
  • Information excluded from the CCPA’s scope, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994

SOURCES OF PERSONAL INFORMATION

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from You. For example, from the forms you complete on our service, preferences you express or provide through our service.
  • Indirectly from You. For example, from observing your activity on our service.
  • Automatically from You. For example, through cookies POWER TEN DEVELOPMENT, LLC or our service providers set on your device as you navigate through our app.
  • From Service Providers. For example, third-party vendors to monitor and analyze the use of our app, or other third-party vendors that We use to provide the Service to You.

USE OF PERSONAL INFORMATION FOR BUSINESS PURPOSES OR COMMERCIAL PURPOSES

POWER TEN DEVELOPMENT, LLC may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:

  • To operate our service and provide you with our service.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our service.
  • To fulfill or meet the reason you provided the information. For example, if you share your contact information to ask a question about our app, We will use that personal information to respond to your inquiry.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting Your personal information or as otherwise set forth in the CCPA.
  • For internal administrative and auditing purposes.
  • To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.

If POWER TEN DEVELOPMENT, LLC decides to collect additional categories of personal information or use the personal information collected for materially different, unrelated, or incompatible purposes, We will update this Privacy Policy.

DISCLOSURE OF PERSONAL INFORMATION FOR BUSINESS PURPOSES OR COMMERCIAL PURPOSES

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

Category A: Identifiers

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Category F: Internet or other similar network activity

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

SALE OF PERSONAL INFORMATION

As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration.

We collect and process personal data on a voluntary basis and we are not in the business of selling your personal data to third parties

SHARE OF PERSONAL INFORMATION

We may share Your personal information identified in the above categories with the following categories of third parties:

Service Providers

Our affiliates

Our business partners

Third party vendors to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

SALE OF PERSONAL INFORMATION OF MINORS UNDER 16 YEARS OF AGE

We do not knowingly collect personal information from minors under the age of 16 through our service, although certain third-party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children’s Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is under 16 years of age, or the parent or guardian if a consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting us.

If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.

YOUR RIGHTS UNDER THE CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

  • The right to notice. You have the right to be notified which categories of personal data are being collected and the purposes for which the personal data is being used.
  • The right to request. Under CCPA, you have the right to request that we disclose information to you about our collection, use, sale, disclosure for business purposes and share of personal information. Once we receive and confirm your request, we will disclose to You:
  • The categories of personal information we collected about you
  • The categories of sources for the personal information we collected about you
  • Our business or commercial purpose for collecting or selling that personal information
  • The categories of third parties with whom we share that personal information
  • The specific pieces of personal information we collected about you
  • If we sold your personal information or disclosed your personal information for a business purpose, we will disclose to you:
  • The categories of personal information categories sold
  • The categories of personal information categories disclosed
  • The right to say no to the sale of personal data (opt-out). You have the right to direct us to not sell your personal information. To submit an opt-out request please contact us.
  • The right to delete Personal Data. You have the right to request the deletion of your personal data, subject to certain exceptions. Once we receive and confirm your request, We will delete (and direct our service providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for us or our service providers to:
  • Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer’s rights, including by:
  • Denying goods or services to you
  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
  • Providing a different level or quality of goods or services to you
  • Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services

EXERCISING YOUR CCPA DATA PROTECTION RIGHTS

In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact Us:

Only You, or a person registered as a resident with the California Secretary of State that You authorize to act on your behalf, may make a verifiable request related to your personal information.

Your request to us must:

  • Provide sufficient information that allows us to reasonably verify You are the person about whom we collected personal information or an authorized representative
  • Describe Your request with sufficient detail that allows POWER TEN DEVELOPMENT, LLC to properly understand, evaluate, and respond to it

We cannot respond to Your request or provide you with the required information if we cannot:

  • Verify your identity or authority to make the request
  • And confirm that the personal information relates to you

We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt.

For data portability requests, We will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

DO NOT SELL MY PERSONAL INFORMATION

You have the right to opt-out of the sale of your personal information. Once we receive and confirm a verifiable consumer request from you, we will stop selling your personal information. To exercise your right to opt-out, please contact us at neil@powertendevelopment.com.

The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the service that sells personal information as defined by the CCPA law. If you wish to opt-out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt-out is specific to the browser you use. You may need to opt-out of every browser that You use.

WEBSITE

You can opt out of receiving ads that are personalized as served by our service providers by following our instructions presented on the Service:

The opt out will place a cookie on your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.

Mobile Devices

Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:

  • “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
  • “Limit Ad Tracking” on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please Contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Your California Privacy Rights (California’s Shine the Light law)

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their personal data with third parties for the third parties direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, you can contact us using the contact information provided below, and include the email address associated with your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

LINKS TO OTHER WEBSITES

Our service may contain links to other websites that are not operated by POWER TEN DEVELOPMENT, LLC. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

CHANGES TO THIS PRIVACY POLICY

We may update our privacy policy from time to time. We will notify You of any changes by posting the new privacy policy on this page.

We will let You know via email and/or a prominent notice on our service, prior to the change becoming effective and update the “Last Updated” date at the top of this privacy policy.

You are advised to review this privacy policy periodically for any changes. Changes to this privacy policy are effective when they are posted on this page.

CONTACT US

If you have any questions about this privacy policy, You can contact us:

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