PROFITSEE INC.

PRIVACY POLICY

Last Revised: May 24, 2018

Thank you for visiting ProfitSee Inc. (“ProfitSee”). ProfitSee is committed to protecting the personal information that you share with us.  This Privacy Policy describes the types of personal information ProfitSee collects from you when you visit our website at https://www.myprofitsee.com (the “Website”) or use our hosted software services (the “Services”), and how we collect, use, process, protect and share personal information.

References in this policy to “we,” “us” or “our” are references to ProfitSee and references to “you” or “your” are references to you, a natural person, from whom we are collecting personal information. Also, by “personal information,” we mean information that identifies you personally which can also include information collected through automated technologies.

Our Website and Services are not intended for minors.  We do not knowingly collect any personal information from children under the age of 13 or knowingly track the use of our Website by minors

  1. HOW THIS POLICY APPLIES

This Privacy Policy applies to personal information we collect through our Website or our Services. This Policy doesn’t apply to any other websites or services maintained or operated by other third parties which may be linked to our Website or Services such as our Customers websites or other third party sites.

Special Statement on Customer Data.  In providing our Services, we may obtain and process on behalf of our customers (“Customers”) certain personal information our Customers and their end-users input or upload into the Services. We refer to this as “Customer Data”. We act as a data processor or agent that processes Customer Data on behalf of our Customer, which is the controller or owner of such data under applicable data protection laws. We only process Customer Data on behalf of our Customers and in accordance with their instructions provided in the applicable services agreement with us. Our Customers are responsible for Customer Data as data controllers for ensuring (i) their end-users receive proper notice of such Customer’s privacy practices, and (ii) Customer Data is obtained in accordance with all applicable laws. Because the Customer Data is under the Customer’s control, the Customer is responsible for providing appropriate notice and choice to its end users regarding our processing of Customer Data on its behalf. If you are an employee or other end user of a Customer using our Services, please contact that  Customer with any questions about how your personal information is collected and processed, or to seek clarification or exercise any rights you may be offered under data protection laws in your jurisdiction. We will assist our Customers to address data protection inquiries from our Customer’s end users to the extent applicable to our Services, and will work with our Customer to respond directly to such inquiries. You may also contact us as described in the “Contact Us” section below and we will work with you and the Customer to address the concern.

Types of Personal information We Collect and Process. We receive and store certain types of information from you when you interact with our Website and Services to deliver the products requested from us, and help improve your overall online experience.  Additionally, we use “cookies” and other web-based files to obtain certain automatic information when your web browser accesses our Website and Services. Both of these types of personal information are described below.

  1. INFORMATION YOU PROVIDE

Generally we collect and process only personal information you voluntarily provide to us.  This is true unless you live in a country that defines personal information to include network identifiers like your Internet Protocol (“IP”) addresses which is collected automatically as discussed below.  For some secure areas, however, we require you to provide personal information, including your login credentials.  If you choose not to provide us with the personal information that we legitimately require, we may be unable to provide you with the information or services you have requested.

Our Website and Services ask for personal information when you engage in certain activities such as the following:

  • Register for an account with us and/or to use our Services;
  • Sign up for newsletters or other marketing communications or view our videos;
  • Apply for a job;
  • Submit comments, reviews, or other user-generated content;
  • Connect or interact with us through social networks (e.g., Facebook, Google+, Twitter);
  • Register for a ProfitSee-sponsored event; and/or
  • Request customer or technical support.

This personal information may include:

  • First and last name;
  • E-mail address;
  • Postal address;
  • The name of your organization;
  • Telephone or mobile number;
  • Payment card information and other accounting and financial information;
  • Information when you sign up for an event sponsored by ProfitSee;
  • Information when you report a problem;
  • Automatically collected information about your internet connection, equipment, devices, browsing and usage details, location via IP address and login history;
  • Your search queries; and/or
  • Other relevant data which may be deemed personal information under applicable law.

Please know that you can opt-out of providing information by not entering it when asked. If information is required in order to allow us to respond to your inquiry, we generally will send a notice advising you of this. If you do not provide us with some or all of the requested information, we may not be able to provide the requested information or Services to you. We will send such communications in accordance with applicable law.

Payment Information. You are not required to enter your credit card information until you subscribe to our Services or register for any event with us. If you pay for Services or an event on our Website, we collect payment card information from you through our third party service provider, including your name, expiration date, authentication code, and billing address.  We utilize third party credit card payment processing companies to collect payment information. These third party service providers, and not us, store your payment information on our behalf.

Customer Data through the use of our Services: Customer Data may be processed by us as a result of our Customer’s use of the Services when they, or their end-users, input or upload information into the Service. For example, Customers who use our Services may upload Customer Data about themselves, their employees, their customers or other third parties when using the Services. Your personal information may be part of this Customer Data.  We collect and process this Customer Data submitted on behalf of the Customer. As stated above, our Customers, and not ProfitSee, must ensure that Customer Data is obtained in accordance with all applicable laws and determine their own policies regarding collection, access, use, storage, sharing, and retention of Customer Data which may apply to your use of the Services. For example, a Customer may provide or remove access to the Services, enable or disable third party integrations or manage permissions, retention and export settings. Please check with the Customer about their policies and settings with respect to Customer Data provided when using the Services.

  1. INFORMATION WE AUTOMATICALLY COLLECT

We use automatic data collection technologies to collect and store certain information about your equipment, browsing actions, and patterns. Some of this information may be linked to you personally. We, and our service providers (which are third party companies that work on our behalf to provide and enhance the Services) use certain technologies, including cookies and similar tools, to assist in collecting this information, such as the following:

  • Log Files. When you use our Website and Services, our servers automatically record certain activity and information in server logs. These server logs may include information such as your web request, IP address, browser type and settings, referring / exit pages and URLs, number of clicks and how you interact with any links on our Website, metadata, landing pages, pages viewed, mobile carrier, date and time stamp information and other such information.
  • Device Identifiers. When you access our Website or Services using a mobile device, we may be able collect specific device information, including your MAC address and other unique device identifiers. We may also be able to collect information such as the type of device, its operating system, and mobile network information. We may associate this device identifier with your account and may use data associated with your device identifier to customize our Website and Services to your device.  Most mobile devices allow you to turn off location services, and we encourage you to contact your device manufacturer for detailed instructions on how to do that should you desire.
  • Location Information. We collect and process general information about the location of the device from which our Website and Services are accessed (e.g., approximate geographic location inferred from an IP address). We use this information to provide better Services, for example, differing time zones.
  • Cookies and Similar Technologies.  To collect the above and additional information, we and our service providers may use one or more of Internet server logs, cookies, tags, tracking pixels, and other similar tracking technologies.
  • A web server log is a file where website activity is tracked as explained above.
  • A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer and login session; (ii) store your preferences and settings; (iii) understand which web pages you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform analytics; and (vi) assist with security and administrative functions.
  • Tracking pixels (sometimes referred to as web beacons or clear GIFs) similar in function to cookies, and are used to track online movements.  In contrast to cookies, which are stored on your computer hard drive, clear gifs are tiny electronic tags embedded invisibly on web pages or in emails. We use clear GIFS or pixels in our HTML-based emails to let us know which emails have been opened by recipients.  This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing efforts. We may tie the information gathered by clear GIFS in emails to personal information.

Why We Use Tracking Tools.  The information we collect automatically helps us to improve our Website or Services to deliver a better and more personalized service, including by enabling us to:

  • Help our Website and Services function correctly;
  • Better understand the needs of our Customers and users;
  • Identify new visitors to our Website;
  • Discover audience and usage patterns for our Website or Services and other analytics;
  • Analyze the effectiveness of our advertisements;
  • Store information about your preferences, so we can customize our Website or Services according to your individual interests;
  • Determine whether you might be interested in new products or services.
  • Speed up your searches; and/or
  • Recognize you when you return to our Website or Services.

Third Party Analytics Providers. We use third-party web analytics services (e.g., Google Analytics) on our Services to collect and analyze information and to engage in auditing, research and reporting. The information (including your IP address) collected by various analytics technologies described above will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Website and Services, including the website from which you arrive, analyzing usage trends of our Websites and Services, assisting with fraud prevention, and providing certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on.

Third Party Use of Cookies and Tracking Technologies.  Our third party integration partners and our other third party service providers may use cookies and other tracking technologies to collect information about you when you use the Services or other services or websites offered by the third parties. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. We do not control these third parties’ use of cookies and other tracking technologies. You should read the privacy policies or other documentation that third parties provide you in connection with their collection of information through cookies and other tracking technologies.  If you do not agree to the third parties policies and practices, you should not use the third parties’ services.

Controlling Tracking Tools.  Your browser may give you the ability to control cookies.  How you do so, however, depends on your browser and the type of cookie.  Certain browsers can be set to reject all browser cookies.  If you configure your computer to block all cookies, you may disrupt certain web page features, and limit the functionality we can provide when you visit or use our Website or Services.  If you block or delete cookies, not all of the tracking that we have described in this policy will stop.  If you continue without changing your settings, we will assume that you are happy to receive all cookies used.  You can change your cookie settings at any time.

Please note some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked.  These browser features are still not uniform, so at this time our Website and Services do not function differently based on a Do Not Track signal.

Use of metadata and other advertising activities online. We may advertise in a number of ways, including online through managed social media presences, in our emails to you (as described above), and on other unaffiliated sites and mobile applications. To understand how our advertising campaigns are performing, we may collect certain information via our Website, through our service providers or any third party advertising providers we may engage. We, or our third party providers, may use several common online tracking tools to collect this information such as the cookies and tracking discussed above.  The information collected includes IP addresses, the number of page visits, pages viewed via our Website, search engine referrals, browsing activities over time and across other websites following your visit to our Website or Services, and responses to advertisements and promotions on the websites and applications where we may advertise.

Controlling Online Interest-Based Ads.  When engaged by us, we will provide you with information about our third party advertising provider and its cookies, including information about how to opt-out of these technologies.  In addition, you may prevent Google’s collection of data generated by your use of the Website (including your IP address) by downloading and installing a Browser Plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.

  1. OTHER INFORMATION WE MAY COLLECT

Third-Party Integrations. If you choose to use third-party integrations (e.g., Xero, QuickBooks Online) through the Services or are required to do so by a Customer, such providers may allow us and our service providers to have access to and store additional information about your interaction with those services and platforms as it related to use of the Services, for example so we can know what platform you use for support purposes. If you do not wish to have this information shared, do not initiate these connections.

Non-Affiliated Third Parties. We may receive additional information about you, such as demographic information, from third parties, such as our integration partners, marketers, researchers, analysts, and other parties that we may use to supplement the information that we collect directly from you.

  1. HOW WE USE YOUR INFORMATION

We may use personal information we collect about you or that you provide to us to:

  • Present the Website and its contents and the Services to you;
  • Provide you with information or Services that you request from us;
  • Carry out our obligations arising from any contracts entered into between you and ProfitSee, including for billing and collection;
  • Provide notices about your account or subscription, including expiration and renewal notices;
  • Notify you about changes to our Website or Services we offer or provide to you;
  • Customize the advertising and content you see;
  • Help us better understand your interests and needs, and improve our Website and Services;
  • Synthesize and derive insights from your use of different ProfitSee products and services;
  • Engage in analysis, research, and reports regarding use of our Services;
  • Protect our Website and Services and our users; and/or
  • For any other purpose with your consent, or if lawful, without your consent.

Aggregate/De-Identified Data. We may aggregate and/or de-identify information collected through our Website and Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others. By using our Website and Services, you consent to such use.

  1. HOW WE DISCLOSE AND SHARE YOUR INFORMATION.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To ProfitSee’s affiliates;
  • To contractors, service providers, and other third parties that ProfitSee uses to support ProfitSee’s business, the Services, and the Website;
  • To third-party integrators when you initiate a connection with a third-party integration through the Services (e.g., Xero, QuickBooksOnline, to enable your use of the third-party integration through the Services;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ProfitSee’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ProfitSee about the users of the Website and the Services is among the assets transferred;
  • To fulfill the purpose for which you provide it;
  • For any other purpose with your consent, or if lawful, without your consent;
  • To comply with any court order, law, or legal process, including responding to any government or regulatory request; and/or
  • If ProfitSee believes disclosure is necessary or appropriate to protect the rights, property, or safety of ProfitSee, ProfitSee’s customers, or others.

We do not share your personal information with unaffiliated third parties for their own direct marketing purposes.  Whatever the purpose may be – whether we share with service providers or other external entities – we only process and share your personal information to the extent reasonably necessary to fulfill your requests and meet our legitimate business and legal objectives.  When we disclose personal information to external entities to perform support services for us, we establish by contract that they may access your personal information only for the purposes of performing those support services.  We may also use what we know about you to offer you other products and services.  We may combine your online information with information collected from offline or online sources, or information we already have.

We may disclose Aggregate/De-Identified Information about our users, and information that does not identify any person or entity.

  1. YOUR CHOICES ABOUT HOW WE USE AND SHARE YOUR INFORMATION.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. As previously stated, you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website or Services may then be inaccessible or not function properly.
  • Your Opt-Out Right. If you do not wish to have your email address or contact information used by us for promotional or marketing purposes, you can opt-out by clicking the unsubscribe link at the bottom of our email communication or by sending us an email stating your request to support@myprofitsee.com. Even after you opt-out or update your marketing preferences, please allow us sufficient time to process your marketing preferences.  It may take up to 10 days to process your e-mail related requests, and up to 30 days for all other marketing-related requests. And even after you’ve opt-out of receiving marketing communications from us, we may still contact you for transactional or informational purposes.  These include, for example, customer service issues or questions regarding our Services.
  1. LEGAL BASIS FOR PROCESSING (EEA ONLY)

If you are an individual from the European Economic Area or Switzerland (EEA), please note that our legal basis for collecting and using your personal information will depend on the personal information collected and the specific context in which we collect it. We normally will collect personal information from you only where: (a) we have your consent to do so, (b) where we need your personal information to perform a contract with you (e.g. to deliver the Services you have requested), or (c) where the processing is in our legitimate interests. Please note that in most cases, if you do not provide the requested information, we will not be able to provide the requested service to you.

We will send such communications in accordance with applicable law. You can opt-out of providing information by not entering it when asked. If information is required in order to allow us to respond to your inquiry, you will receive a notice advising you of this. If you do not provide us with some or all of the requested information we may not be able to provide the requested information or Services to you.

In some cases, we may also have a legal obligation to collect personal information from you, or may otherwise need the personal information to protect your vital interests or those of another person.

Where we rely on your consent to process your personal information, you have the right to withdraw or decline consent at any time. Where we rely on our legitimate interests to process your personal information, you have the right to object.

If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information please contact us as specified in the “Contact Us” section below. Please also see additional information related to your rights in the section captioned “Data Subject Rights” below.

  1. INTERNATIONAL INFORMATION TRANSFERS

ProfitSee is a United States based company. We primarily store your information in the U.S. and in Germany. If you are located in a jurisdiction outside the U.S., such as the EEA, the data protection laws in the U.S. may not be considered to provide an adequate level of protection under your local data protection laws. Whenever ProfitSee transfers or shares personal information originating in the EEA or Switzerland to a party outside the EEA or Switzerland (including to us in the U.S.), it will do so on the basis of the EU standard contractual clauses adopted by the European Commission or by ensuring the party is Privacy Shield certified (for transfers to U.S. based third parties). For further information, please contact us as specified in the “Contact Us” section below.

If you are accessing or using our Website or Services or otherwise providing information to us, you are agreeing to the transfer of your personal information to the U.S. and other jurisdictions in which we operate. If you are located in a jurisdiction outside the U.S., such as the EEA or Switzerland, and prefer not to have your personal information transferred to the U.S., do not use our Website or Services.  Otherwise, by using our Website and Services, you consent to the transfer of personal information to the U.S. and other destinations outside your home country.

  1. DATA SUBJECT RIGHTS (EEA ONLY)

The EEA and certain other non-U.S. jurisdictions maintain local data protection regulations that confer certain data protection rights on individuals.  We will abide by such rights as required by applicable laws.  Note that if you are an employee or end use of our Customer, and we obtain access or otherwise process personal information about you in that context, you should contact your employer/customer which will be in the best position to respond to your inquiry.  If we do hold personal information about you, you have the right to request the following information:

  • How long the data will be stored;
  • Details of your rights to correct, erase, restrict or object to such processing;
  • Information about your right to withdraw consent at any time;
  • How to lodge a complaint with the supervisory authority;
  • Whether the provision of personal information is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal information and the possible consequences of failing to provide such data;
  • The source of personal information if it wasn’t collected directly from you; and
  • Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

If you wish to exercise any of these rights, please contact us please contact us as specified in the “Contact Us” section below. In addition, if you voluntarily signed up to receive certain communications from us, you can opt-out by referring to the procedures in the section above captioned “Your Opt-Out Right.”

  1. THIRD PARTY LINKS AND SERVICES

Our Website or Services may contain links to third-party websites such as social media sites, and also contain third-party integrations. If you choose to use these sites or integrations, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. Because these third-party websites and services are not operated by ProfitSee, ProfitSee is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your personal and other information will be subject to the privacy policies of the third party websites or services, and not this Policy. Please read the privacy and security policies of these third-parties.

  1. ACCESSING AND CORRECTING YOUR INFORMATION (FOR ALL USERS)

You can review and change your personal information by logging into your account through our Website or Services. You may also send us an email at privacy@myprofitsee.com to request access to, change, correct, or delete information that you have provided to ProfitSee. In some instances, we may not be able to delete information except by also deleting your user account, and in such instances, we will delete your user account. Deleting your user account may result in the loss of other information that you have not requested to be deleted, and you assume the risk of such loss. ProfitSee in its discretion may not accommodate a request to change information if ProfitSee believes the change would violate any law or legal requirement or cause the information to be incorrect.

  1. DATA SECURITY

ProfitSee has implemented reasonable measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, and disclosure. For more information on these security measures see “Data Security” located at https://www.myprofitsee.com/about/security.

Where ProfitSee has given you or you have created a password for access to our Website or Services, you are responsible for keeping the password confidential. Please do not share your password.

  1. DATA RETENTION

Depending on the product or service, we will retain your personal information only for the period necessary to fulfill the purposes outlined in this Privacy Policy or as set out in our services agreement with our Customer, unless a longer retention period is required or permitted by a law that applies to us.

  1. CONTACT US

If you wish to update your personal information, have any questions, have a complaint, or wish to send us comments about this Privacy Policy or exercise any rights, e-mail us at privacy@myprofitsee.com or call or write to us.  We will investigate your complaint, and use reasonable efforts to respond to you as soon as possible. Our U.S. postal address and phone number is:

ProfitSee Inc.

Attention: Privacy Representative
7935 Stone Creek Drive, Suite 120
Chanhassen, MN USA 55317
Tel: 866-668-6510

For Australian users: If we fail to respond to your complaint within a reasonable period of receiving it in writing, or if you are dissatisfied with the response that you receive from us, you may lodge a complaint with the Office of the Australian Information Commissioner (“OAIC”).  Details of how to contact the OAIC are located at www.oaic.gov.au.

  1. CALIFORNIA PRIVACY RIGHTS

California residents have the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined by applicable California law) with third parties for their direct marketing purposes. ProfitSee does not share your personal information with third parties for their own direct marketing purposes.

  1. CHANGES TO THE PRIVACY POLICY

We may amend this Privacy Policy at any time.  If we make any material change in how we collect, use, disclose, or otherwise process personal information, we will prominently post an updated Privacy Policy on our Website.  Any material changes to this Privacy Policy will be effective 10 days after posting the updated Privacy Policy.  Where required to do so by law, we may seek your prior consent to any material changes we make to this Privacy Policy.