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DATA DISCERN 

PRIVACY POLICY

 

Last Updated: January 22, 2024

 

  1. INTRODUCTION.

 

This Privacy Policy (“Privacy Policy”) governs how Data Discern LLC and our parent, subsidiary, and affiliate companies (collectively, “Company”, “we”, “us”, or “our”) use Personal Information (defined below) that we collect, receive, and store about each visitor and user (each, a “user,” and specifically you, “you” or “your”) of our owned and operated website, https://datadiscerninc.com, and of our other affiliated websites, subdomains, mobile versions, applications (including mobile applications), and online media under our operation and control, as well as all backup, mirror, replacement, or substitute websites or webpages we make available as part of the services we provide (collectively, the “Service”), the use of which shall be subject at all times to the Terms of Use. Any terms used but not defined herein are defined in the Terms of Use.

 

We are committed to respecting the privacy and privacy rights of our users and recognize the need for appropriate protection and management of information that may be used, either alone or in combination with other information, to personally identify an individual (“Personal Information”) and, as a subset thereof, Personal Information that may be considered sensitive personal information under Data Privacy Laws (defined below) (collectively, “Sensitive Personal Information”) that is shared with us in connection with users’ use of the Service. You may choose whether or not to provide or disclose Personal Information in connection with your use of the Service. If you choose not to provide the Personal Information we request, you may still visit and use parts of the Service, but may be unable to access or use certain features, options, programs, and services thereof (including, without limitation, the purchase of Consultancy Services). IF YOU DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY AT ANY TIME, YOU SHOULD NOT USE THE SERVICE OR PURCHASE CONSULTANCY SERVICES THROUGH THE SERVICE.

 

The Service may contain links to, or advertisements for, websites operated by third parties, including, without limitation, third party social media platforms, and, therefore, not owned or controlled by Company. The links to, and advertisements concerning, third-party websites, social media platforms, material, products, or services are provided for your convenience only. We are not responsible for the content, performance, or privacy practices of these third-party websites or for your interactions with them, and you visit them at your own risk. Our inclusion of links to, or advertisements for, such third-party websites or social media platforms does not imply any endorsement of the material, products, or services provided by such third-party websites or any association with such third-party websites or their owners or operators whatsoever.

 

  1. CHANGES TO THIS PRIVACY POLICY.

 

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete, and/or modify any or all of the terms and conditions of this Privacy Policy that apply to you. We display the effective date of this Privacy Policy at the top of this page, indicated by the “Last Updated” legend. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING THEREOF TO THE SERVICE. If you use the affected Service after the changes become effective, it means you are agreeing to be bound by the changes to this Privacy Policy. You should check on a regular and frequent basis and review the terms and conditions of this Privacy Policy that apply to you so you are aware of the current rights and obligations that apply to you.

 

  1. CHILDREN’S PRIVACY.

 

The Service is not intended for children under the age of thirteen (13) and we do not knowingly collect, share, or sell Personal Information from children under the age of thirteen (13). If you believe we might be in possession of any information from or about a person under the age of thirteen (13), please contact us at support@datadiscerninc.com. Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online. 

 

  1. INFORMATION COLLECTED AND HOW WE COLLECT IT.

 

From various sources, we may receive and/or collect particular categories of Personal Information, some of which may be considered Sensitive Personal Information, as described below:

 

4.1 Personal Information You Provide To Us Through the Service.

 

If you set up an Account through the Service, purchase or receive Consultancy Services through the Service, contact us through the “Let’s Chat!” feature on the Service, or otherwise enter into a contract with us, or enter or upload information, such as by filling in forms (including, without limitation, those form fields requesting Transaction Information in connection with the purchase of Consultancy Services through the Service), then you may provide us with, and we may collect, certain information that may constitute Personal Information, including, without limitation: 

 

  • Identifiers, such as your first and last name, email address, and phone number; 

 

  • Account information (if applicable), such as your username and account password;

 

  • Your geolocation information; and 

 

  • The form of payment used to purchase Consultancy Services through the Service and the associated billing address (collectively, “Transaction Information”).

 

We generally do not request on or through the Service Sensitive Personal Information such as other financial account information (e.g., credit report information, bank account numbers) or government-issued identification (e.g., your social security card, drivers’ license, or passport), although we reserve the right to do so when such information is necessary to provide the services offered through the Service and fulfill your requests made through the Service.

 

4.2 Personal Information You Provide to Third Parties Through the Service.

 

Our third-party payment processor (presently, Wix Payments [“Payment Processor”]) may collect and use certain Personal Information in performing its services and/or functions, and may share that Personal Information with us for our use, all to enhance your experience and deliver certain services (including, without limitation, the purchase of Consultancy Services). Please refer to the Payment Processor’s privacy policy for information on how it collects and uses, and may share with us, Transaction Information in connection with purchases made through the Service, which is available at: https://www.wix.com/about/privacy. 

 

4.3 Information Provided by Third Parties.

 

We may, from time to time, receive the following categories of Personal Information from non-affiliated third parties that aggregate information from multiple sources for purposes of audience identification and email marketing: 

 

  • Inferences drawn from the categories of Personal Information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, and attitudes. 

 

4.4 Information Collected Automatically.

 

Certain information is collected automatically when you access or use the Service by means of various software tools described below. We have a legitimate interest in using such information for log-in and systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Service and to otherwise personalize the Service to you. Alone or in combination with other information, such automatically collected information may constitute Personal Information.

 

We may automatically collect the following information, some of which may constitute Personal Information, when you access or use the Service:

 

  • Log Files on the Service. The information inside the log files may include, amongst other similar types of information, IP addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages, and any other information your browser may send to us.

 

  • Cookies. When you use or visit the Service, our servers may send a cookie to your computer. Cookies are small pieces of data that a website asks your browser to store on your computer or mobile device. A cookie contains an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies do not typically contain information that individually identifies you, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies. We use cookies to make interactions with the Service easy and meaningful. We may use cookies that are session-based and persistent. Session cookies exist only during one session and disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that, if you disable your web browser’s ability to accept cookies, you will be able to navigate the Service, but you may not be able to successfully use all of the features of the Service. Information regarding how we may use different categories of cookies and your options for managing cookie settings is set forth below.

 

Required Cookies

  • Description: Required cookies enable you to navigate the Service and use features, such as accessing secure areas of the Service and using our services. If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. Each time you log into the Service, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow us to uniquely identify you when you are logged into the Service and to process your online transactions and requests.

  • Managing Settings: Because required cookies are essential to operate the Service, there is no option to opt out of these cookies.

 

Performance Cookies

  • Description: These cookies collect information about how you use the Service, including which pages you go to most often and whether you receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information collected by these cookies is aggregated and anonymous. They are only used to improve how the Service functions and performs. From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Service. We may also utilize Flash cookies for these purposes.

  • Managing Settings: 

    • To learn how to opt out of performance cookies using your browser settings click here.

    • To learn how to manage privacy and storage settings for Flash cookies click here.

 

Functionality Cookies

  • Description: Functionality cookies allow the Service to remember information you enter and choices you make (such as your username, language, or your region), and to provide enhanced, more personal features. These cookies also enable you to optimize your use of the Service after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.

  • Managing Settings: To learn how to opt out of functionality cookies using your browser settings click here.

 

4.5 Other Tracking Technologies.

 

When you use or visit the Service, we may collect your IP address to track and aggregate information. For example, we may use IP addresses to monitor the regions from which you navigate the Service. We may also use, either alone or in conjunction with cookies, clear electronic images called web beacons that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon to compile information about your usage of the Service and interaction with email communications from us and to operate and improve the Service and our email communications. For example, we may place web beacons in email communications (including, without limitation, marketing emails) that notify us when you click on a link in the email that directs you to the Service.

 

  1. THE PURPOSES FOR WHICH WE USE PERSONAL INFORMATION.

 

If you submit or we collect Personal Information through the Service or as otherwise described above, we may use such Personal Information for the following general purposes:

 

  • To comply with applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Law”);

 

  • To provide, analyze, administer, improve, and personalize the Service;

 

  • To communicate with you in connection with the Service and/or Consultancy Services you have purchased or may have shown an interest in purchasing, and other products, services, events, or offerings made available through the Service;

 

  • To send you updates and promotional materials pertaining to Company or the Service;

 

  • To identify and authenticate your access to the parts of the Service that you are authorized to access;

 

  • For research and development relating to the Service and the products and services we offer and/or provide to you, including, without limitation, Consultancy Services;

 

  • For electronic direct marketing in compliance with Applicable Law;

 

  • To protect our rights and/or our property and to ensure the technical functionality and security of the Service;

 

  • For the performance of our contract with you or to take steps at your request before entering into a contract, including, without limitation, contracts entered into in connection with Consultancy Services; and

 

  • Where you have given actual or constructive consent (including, without limitation, by purchasing Consultancy Services through the Service).

 

  1. HOW WE DISCLOSE PERSONAL INFORMATION.

 

We do not sell, share, lease, rent, or otherwise disclose (as such terms are used under Data Privacy Laws) the Personal Information collected on or through the Service to third parties unless otherwise stated below or with your consent.

 

6.1 Our Third-Party Providers.

 

We may transfer Personal Information you provide to us through the Service to our third-party service providers and business partners (including, without limitation, the Payment Processor) to perform tasks on our behalf and to assist us in providing the Service. We will comply with Applicable Law regarding Personal Information transfers and use commercially reasonable efforts to only engage or interact with third-party service providers and business partners that take appropriate measures to protect your Personal Information; however, it is the responsibility of each of those third-party service providers and business partners to comply with Applicable Law and their respective privacy policies in connection therewith and we take no responsibility for their privacy practices and compliance. 

 

6.2 In the Event of Merger, Sale, or Change of Control.

 

Company may assign or transfer its rights and/or delegate its obligations under this Privacy Policy and transfer any Personal Information to any third-party company or entity that either acquires or is acquired by Company, or is merged with or into Company, as part of a merger, acquisition, sale, or other change of control.

 

6.3 Other Disclosures.

 

We may disclose Personal Information about you if required to do so by Applicable Law or if we believe in good faith that such disclosure is reasonably necessary or helpful to (i) comply with legal process, (ii) enforce the Terms of Use, including investigations of potential violations thereof, (iii) detect, prevent, or otherwise address fraud or security issues, or (iv) protect the rights, property, or personal safety of Company, other Service users, and the public.

 

  1. RETENTION OF PERSONAL INFORMATION.

 

We will keep your Personal Information while you have an account with us or while we are providing services to you, including, without limitation, Consultancy Services. Thereafter, subject to any Applicable Law, we may hold Personal Information about you for as long as is necessary:

 

  • To fulfill the purposes described in Section 5 above (“The Purposes For Which We Use Personal Information”), including, without limitation, to comply with Applicable Law and to fulfill purchases of Consultancy Services you make through the Service; or

 

  • To respond to any questions, complaints, or claims made by our or on your behalf.

 

We will not retain your Personal Information for longer than necessary for the purposes set out in this Privacy Policy.

 

  1. YOUR RIGHTS.

 

8.1 Rights Relating to Personal Information.

 

If you have an Account on the Service, we provide access to—and the ability to edit or delete—certain categories of Personal Information through your Account on each of our supported domains. We also permit you to:

 

  • Delete all content browsing information and opt-out of further participation in data associated with the current device you use to use or browse the Service; and

 

  • Subject to Applicable Law, if you would like to access, amend, correct, delete, export (e.g. data portability), object to the processing of Personal Information collected in and through the Service, or withdraw your consent (as applicable), you may submit a request to Company’s Privacy Officer either by email at support@datadiscerninc.com or by mail at Data Discern LLC, 108 Rocky Ledge Cv, Georgetown, TX 78633, United States of America. We will promptly review all such requests in accordance with Applicable Law. Depending on where you live, you may have a right to lodge a complaint with a regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you, though we encourage you to first reach out to us via email at support@datadiscerninc.com so we have an opportunity to address your concerns directly before you do so.

 

8.2 Email Notifications and Opt Out.

 

We maintain a strict "no-spam" policy. Unless you requested otherwise in your account settings at the time of your initial registration or specifically opt out as provided herein, by accepting this Privacy Policy, you expressly agree that we may use your information to contact you by email in order to deliver you information that is relevant to your use of the Service such as administrative notices, product/service enhancements or "newsletters", or marketing and promotional information related to the Service. You may choose to stop receiving these email communications from us by following the instructions included in such communications or by contacting us at support@datadiscerninc.com. If a third-party vendor provides such newsletters, you may unsubscribe in accordance with the instructions provided in such newsletters or by such vendor.  

 

If you are having problems unsubscribing, please contact us at support@datadiscerninc.com by forwarding the newsletter, if applicable, to support@datadiscerninc.com and including in the Subject line the word "Unsubscribe," and you will be removed within seven (7) business days. Please note that we will not process any unsubscribe requests submitted as direct replies to any newsletter. 

 

  1. DATA SECURITY.

 

The security of Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, we have implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information from unlawful use, unauthorized access, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.

 

  1. TRANSFERS OF PERSONAL INFORMATION FROM THE EUROPEAN UNION (EU) OR EUROPEAN ECONOMIC AREA (EEA), THE UNITED KINGDOM (UK), OR SWITZERLAND TO THE UNITED STATES OF AMERICA.

 

In order to communicate with you or provide the Service, the information (including Personal Information) that we collect from you may be transferred to, stored, used, and processed by Company in the United States of America or one of our service providers based inside or outside of the United States of America. Such entities may be engaged in, among other things, preparing and sending notifications and the provision of support services.

 

If you are visiting from the European Union or the broader European Economic Area or other regions with laws governing information collection and use that may differ from those of the United States of America or any one or more of its individual States, please note that you are transferring your Personal Information to the United States of America. The laws of some countries may not provide the same levels of protection of Personal Information as your home country, particularly if you are resident in the European Union or the broader European Economic Area. By submitting information, you agree to the collection, transfer, storage, use, and processing of information about you for the purposes described in this Privacy Policy. When you provide Personal Information to us or our service providers or business partners, you consent to the processing of your information in the United States of America as the Service is offered from the United States of America. We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers and business partners.

 

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES OF AMERICA AND ITS INDIVIDUAL STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES OF AMERICA, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THE SERVICE.

 

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION OR THE BROADER EUROPEAN ECONOMIC AREA. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

 

  1. HOW WE RESPOND TO DO NOT TRACK SIGNALS.

 

As explained above in Section 4.4, the technologies used through the Service may be used to track Service users’ activity through the Service. How browsers communicate user preferences related to the Do Not Track signal is not yet uniform, so a standard technological response has not yet been developed. For this reason, the Service may not respond to Do Not Track signals at this time.

 

  1. NOTICE TO RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, UTAH, AND VIRGINIA.

 

California, Colorado, Connecticut, Utah, and Virginia Residents: Pursuant to, respectively, the California Consumer Privacy Act, the California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Personal Data Privacy and Online Monitoring Act, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act (collectively, as may be amended from time to time, “Data Privacy Laws”) you have certain rights with respect to your Personal Information. For the purposes of this Section 12, Personal Information is used as defined under Data Privacy Laws. Company reserves the right to verify all requests made pursuant to Data Privacy Laws.

 

12.1 Requests to Know.

 

You have the right to request that we disclose:

 

  • The categories of Personal Information we have collected about you;

 

  • The categories of sources from which we have collected Personal Information about you;

 

  • Our use of the Personal Information we have collected about you;

 

  • The business or commercial purposes for selling or collecting Personal Information about you;

 

  • The categories of Personal Information sold, shared, or disclosed about you, as well as the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom Personal Information was sold; and

 

  • The specific pieces of Personal Information collected about you for the twelve (12) months prior to the date of your request.

 

The delivery of our response to your request to know may take place electronically or by mail. We are not required to respond to requests to know more than twice in a twelve (12)-month period.

 

12.2 Requests to Delete.

 

You have the right to request that we delete any Personal Information about you that we have collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the Personal Information is necessary for us or our service provider(s) 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 Applicable Law;

 

  • 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 an obligation under Applicable Law; and/or

 

  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

12.3 Right to Opt Out of the Sale or Sharing of Personal Information and/or Sensitive Personal Information.

 

You have a right to opt out of the sale or sharing of Personal Information and/or Sensitive Personal Information. You may, at any time, direct us to not sell or share Personal Information and/or Sensitive Personal Information about you to third parties. If you exercise your right to opt out of the sale or sharing of Personal Information and/or Sensitive Personal Information about you, we will not sell or share Personal Information and/or Sensitive Personal Information about you. Any Personal Information and/or Sensitive Personal Information collected in connection with your request will be used only to facilitate that request. You may submit opt out requests by emailing us at support@datadiscerninc.com. 

 

12.4 Requests to Correct Inaccurate Personal Information.

 

You have the right to request that we correct inaccurate Personal Information that we maintain, or which pertains to you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate Personal Information.

 

12.5 Authorized Agents.

 

You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney may submit a request on your behalf. 

 

12.6 Methods for Submitting Consumer Requests and Our Response to Requests.

 

To make a request pursuant to your Data Privacy Laws rights, you must contact Company’s Privacy Officer either by email at support@datadiscerninc.com or by mail at 108 Rocky Ledge Cv, Georgetown, TX 78633, United States of America.

 

Upon receipt of such request, we may ask you for additional information to verify your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose. We will acknowledge the receipt of your request within ten (10) days of receipt. Subject to our ability to verify your identity, we will respond to your request within forty-five (45) days of receipt. In order to protect your privacy and the security of Personal Information about you, we verify your request by requesting for additional identifying information that will only be used to verify your identity and for no other purpose.

 

12.7 Categories of Personal Information We Have Sold or Shared in the Last Twelve (12) Months.

 

We have not sold or shared (as such terms are defined under Data Privacy Laws) any categories of Personal Information during the last twelve (12) months.

 

12.8 Categories of Personal Information We Have Disclosed for a Business Purpose in the Last Twelve (12) Months.

 

We have disclosed the following categories of Personal Information for a business purpose during the last twelve (12) months to our third-party service providers described in Section 4.2:

 

  • Transaction Information (i.e., your billing address and payment information in connection with your purchase of Consultancy Services)

 

12.9 The Right to Non-Discrimination.

 

You have the right not to be discriminated against for the exercise of your Data Privacy Laws rights described above. Unless permitted by Data Privacy Laws, we will not:

 

  • Deny you Consultancy Services or other services;

 

  • Charge you different prices or rates for Consultancy Services or other services, including through granting discounts or other benefits, or imposing penalties;

 

  • Provide you a different level or quality of Consultancy Services or other services; or

 

  1. CONTACT US.


If you have any questions about this Privacy Policy, please contact Company by email at support@datadiscerninc.com

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