Web Site Terms & Conditions of Use

 

  1. Terms

 

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

 

  1. Use License

 

  1. Permission is granted to temporarily download one copy of the materials (information or software) on ProfitSword’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  2. modify or copy the materials;
  3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

iii. attempt to decompile or reverse engineer any software contained on ProfitSword’s web site;

  1. remove any copyright or other proprietary notations from the materials; or
  2. transfer the materials to another person or “mirror” the materials on any other server.
  3. This license shall automatically terminate if you violate any of these restrictions and may be terminated by ProfitSword at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

  1. Disclaimer

 

  1. Limitations

In no event shall ProfitSword or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ProfitSword’s Internet site, even if ProfitSword or a ProfitSword authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

  1. Revisions and Errata

The materials appearing on ProfitSword’s web site could include technical, typographical, or photographic errors. ProfitSword does not warrant that any of the materials on its web site are accurate, complete, or current. ProfitSword may make changes to the materials contained on its web site at any time without notice. ProfitSword does not, however, make any commitment to update the materials.

 

  1. Links

ProfitSword has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ProfitSword of the site. Use of any such linked web site is at the user’s own risk.

 

  1. Site Terms of Use Modifications

ProfitSword may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

  1. Governing Law

Any claim relating to ProfitSword’s web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

 

  1. Payment Terms

 

Payment Due
All payments are due per the schedule listed on relevant pages. Full payment is required to complete the order and provide requisite products and services. We reserve the right to cancel any transaction. Absolutely NO REFUNDS unless otherwise disclosed. (Pursuant to Florida Statute 501.142).

 

Acceptable Methods of Payment
All legally binding payment terms shall be described in written form and ProfitSword shall not be held liable for any mention thereof in any context within the website.

 

Business Checks
We will hold all items paid for with a business check for a period set in writing, independent of this website, after the date of deposit. There is a $30 returned check fee.

 

Privacy Policy

Effective 07/24/2020

Founded in 2001, ProfitSword, LLC’s (“ProfitSword,” “we,” or “us”) mission is to provide exceptional business intelligence tools to the business community, specializing in data collection and integration, data analytics, operational functionality and reporting at all levels of the organization. ProfitSword is committed to protecting the privacy and security of your personal information. The information you share with ProfitSword allows us (and our clients) to provide you with the best experience with our products and services. We have a dedicated global privacy program that protects the personal information we collect and helps ensure that personal information is handled properly worldwide. Please read below to learn how we collect, use and disclose Personal Information.

This privacy notice (“Privacy Notice”) explains the privacy practices of ProfitSword, LLC and describes our processing activities. This website, our related websites and any mobile site or mobile application that link to this Privacy Notice (together, the “Website”) are owned and operated by ProfitSword, LLC with its principal place of business at 7512 Dr. Phillips Blvd Suite 50-961 Orlando, FL 32819. Sean Hoggard, our Data Privacy Officer (DPO), can be reached at privacy@profitsword.com.

Policy Definitions

“Personal data” means any information that identifies or may identify a living person as an individual. It can include names, addresses, telephone numbers, email addresses etc. and also includes information that, when combined with other information we hold, can be used to identify an individual.

“Special category data” means personal data about a person’s race, ethnic origin, politics, religion, trade union membership, genetics, biometrics (where used for ID purposes), health, sex life or sexual orientation.

“Processing” means activities relating to the use of personal data by an organization, including its collection, use, disclosure, storage and disposal.
“Data subject” means the person whose personal data is being processed.

“Data controller” means the natural or legal person, or public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Often, the data controller will be our client who collects personal data and uses our Products or Services to process that data.

“Data processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Data Controller. Data Processors act on behalf of the relevant controller and under their authority. Generally, ProfitSword will act as a data processor on behalf of its clients.

How ProfitSword collects personal data

Personal data you provide to ProfitSword. ProfitSword will collect personal data when you interact with ProfitSword via the Website, phone line, email or other method either on your own behalf or on behalf of an organization. ProfitSword also will collect personal data when you subscribe to receive our marketing.

Personal data provided by clients. ProfitSword receives personal data from clients by various means, including information that clients input into ProfitSword software and other products (“Products”) or provide to us as part of our maintenance, support or other services (“Services”).

Client controlled 3rd party systems. We collect personal data from 3rd party systems as authorized by our clients. The data may be collected by many methods including direct database queries, report parsing or custom data exports from those systems.

Cookies – we also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer for a period of time after you leave unless you delete them) to provide you with a more personal and interactive experience on our Site. Persistent cookies may be deleted by following the browser directions. As you use the Website, ProfitSword will collect technical data including your browser type and the IP address used to connect your computer to the Internet.

For what purpose do we use personal data?

To monitor and improve the experience of the Website.

To assist with our promotional and marketing efforts including direct marketing practices via marketing communications.

To promote the security of the Website, Products and Services by tracking use of the same, creating aggregated non-personal data, investigating suspicious activity, and enforcing our terms and policies.


To provide the Products or perform the Services requested. For example, if you sign up for a Product, contact our call center or interact with a Website, we may use the contact information you provided in order to provide requested Products and Services. We also may use your contact information to send you information about our Products or Services.

To comply with legal obligations and to cooperate with public and government authorities, courts or regulators in accordance with applicable laws to the extent doing so requires the processing of personal data.

To comply with judicial proceedings, court orders or legal processes, respond to lawful requests or for auditing purposes.

Verifying your identity – for example, when you return to the Website and had previously logged-in the application.

Our Products may systematically collect, aggregate and report on operational data for our clients.

Data Retention

Your personal data will not be kept for longer than is necessary to fulfill the specific purposes outlined in this Privacy Notice and to allow us to comply with our legal requirements. Any personal data such as your name, address, date of birth and telephone number will be deleted after a 3-year retention period.

With whom do we share data?

We may share your personal data with third parties such as vendors and clients. These include:

Payment processors engaged by us to securely store or handle payments information, such as credit card details. We secure these in a PCI-compliant data vault provided by an industry-leading third-party payment processor.

Providers of email management and distribution tools – for example, if you sign up to receive ProfitSword newsletters or other marketing messages, we will manage the delivery of these to you using a third-party email distribution tool.

Providers of security and fraud prevention services.

Providers of data aggregation and analytics software services that enable us to effectively monitor and optimize the delivery of our services.

Data hosting companies that provide the infrastructure to host our applications, facilitate network connectivity from outside agencies and maintain our data.

How We Protect Your Information

ProfitSword discloses personal data to those of its employees, contractors, agents and affiliated organizations that need to know the information in order to process it on our behalf or to provide Products or Services. Some of those employees, contractors, agents and affiliated organizations may be located outside of your state, province or country. By using the Website or providing us information, you consent to the transfer of such information to them.

If you have supplied your email address, you agree that in addition to any information you may have solicited or requested, ProfitSword may further send you emails to provide you with information, to inform you of new Products or Services, to solicit your feedback, or to keep you up to date on ProfitSword and its Products and Services. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. You may choose not to receive marketing email communications from us by clicking on the “unsubscribe” link in our marketing emails. You also may ask us not to send you other marketing communications by contacting us as specified in the “Contact Us” section below, and we will honor your request.

We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, we may not immediately delete residual copies of personal data that is on our active servers and may not remove information from our backup systems. If you believe that personal data we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated below.

ProfitSword undertakes commercially reasonable efforts to guard against unauthorized access, use, alteration or destruction of personal data, which efforts you agree are sufficient, adequate and complete. In some cases, we cannot control, and are not responsible for, information that is shared about you. For example:

Social Media Accounts. ProfitSword may maintain various social network accounts such as Facebook, Twitter or LinkedIn. Please note that comments and information that you leave in such settings are likely to be broadly visible and may not be controlled by ProfitSword. We therefore are not responsible for any information or messages you leave in such settings or for how such information may be used by others. Please review the privacy policies of such settings.

Accessing and updating your personal data. If you provide us with information in order to access or receive information from the Website, we may or may not be able to provide you with access to your personal data. If information that we control about you is incorrect, we strive to give you ways to update it quickly or to delete it (unless we have to keep that information for legitimate business or legal purposes). When updating your personal data, we may ask you to verify your identity before we can act on your request.

Advertisements

Advertisements appearing on the Website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Notice covers the use of cookies by the Website and does not cover the use of cookies by any advertisers.

General Data Protection Regulations (GDPR)

In the event that we collect personal data (as defined in the GDPR) that is subject to the GDPR, this section will apply. Terms in this section are to be understood in a manner consistent with GDPR including the definition of such terms in the GDPR. Such terms may have a different definition or meaning in other portions of this Privacy Notice because GDPR may not apply to those sections. ProfitSword serves as a data processor under GDPR to its clients and is not a data controller with regard to personal data subject to GDPR.


Principles for processing personal data

ProfitSword complies with the principles of GDPR applicable to data processors. The six overall guiding principles of GDPR are:

Lawfulness, transparency and fairness

Purpose Limitation

Data Minimization

Accuracy

Storage limitation

Confidentiality and integrity

Your privacy is of the utmost importance to us. We follow these principles and ask how you would like us to communicate with you.

As a data processor, ProfitSword receives personal data from its clients who are data controllers. We enter into “Data Processing Agreements” with those clients. In those agreements, we agree to protect the privacy and security of personal data.

Legal Basis

GDPR allows processing of personal data based on one of six legal bases. The legal bases for processing personal data are:

1. Consent – your freely given, specific, informed and unambiguous indication of your wishes by which you agree to the processing of personal data.

2. Contract – ProfitSword needs to process your personal data for performance of a contract or processes the information at your request prior to entering into a contract.

3. Legal Obligation – processing is necessary to comply with a legal obligation.

4. Vital Interests – your (or someone else’s) health, safety or other vital interests require processing personal data.

5. Public Interest – ProfitSword needs to process personal data to carry out a task that’s in the public interest.

6. Legitimate Interest – processing personal data is in ProfitSword’s or a data controller’s legitimate interests.

 




International Transfers

In order to ensure compliance by us and our clients based in the European Union (EU) and European Economic Area (EEA) with GDPR and other applicable privacy laws, ProfitSword offers its clients Standard Contractual Clauses (henceforth referred to as “SCC”) to incorporate in our written agreements. The SCC make specific commitments about the ways in which ProfitSword will process personal data transferred out of the EU to ProfitSword for in-scope ProfitSword services. The SCC were issued by the EU Commission to provide EU data Controllers and Processors a framework for ensuring adequate safeguards consistent with EU data protection laws established for personal data transfers outside the EU.

The SCC are applicable only to Personal Data (defined above) made available to ProfitSword by customers in the EEA or Switzerland to ProfitSword for processing in conjunction with ProfitSword software and services.

ProfitSword has invested in the operational processes necessary to meet the requirements of the SCC.

Your legal rights

Under certain circumstances, by law, you have the right to:

Request access to your personal data (commonly known as a “subject access request”). This enables you to receive a copy of our data and to check that we are lawfully processing it.

Request correction of our data (commonly known as “rectification”). This enables you to ask us to correct any incomplete or inaccurate information we hold about you.

Opt out. Data Subjects have the right to opt out of (a) disclosures of their personal data to third parties not identified at the time of collection or subsequently authorized, and (b) uses of personal data for purposes materially different from those disclosed at the time of collection or subsequently authorized.

Request erasure of our data. This enables you to ask us to delete or remove your data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your data where you have exercised your right to object to processing (see below).

The above rights apply to data controllers. If you want to exercise any of the rights described above, you should reach out to the controller of your data, e.g., any of our clients who may have collected your data. If you are dissatisfied with the way we have used your information, or believe that we may be a data controller of your personal data, please let us know via this form: https://profitswordprivacy.com

Additionally, you may email us directly at privacy@profitsword.com. We will process your request without undue delay and in accordance with the requirements of GDPR. Please note that we may keep a record of your communications to help us resolve any issues which you raise.

Under data protection legislation an individual has various other rights. These rights requests may be submitted in whatever format you wish, but we recommend you email privacy@profitsword.com to ensure a timely response to your request.

Please note, if the data access request falls under our role as a Data Processor, we will promptly forward the information to the Data Controller and respond to the request as directed by the Data Controller, or if there are actions we are compelled to take according to applicable laws pertaining to Data Processors, we will inform the Data Controller before taking action.

Notice to California Residents – Your California Rights<brThis section is applicable to residents of California. If you are a resident of California, you have certain rights described below. The following do not apply to individuals who do not live in California on a permanent basis.

Rights Provided by California Civil Code Section 1798.83

A California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California Customers may request further information about our compliance with this law by mailing us at the address below under “Contact Us” or emailing ProfitSword at: privacy@profitsword.com. Please note that we are only required to respond to two requests per California Customer each year under Code Section 1798.83.

Rights Under the California Consumer Privacy Act

The above rights are separate from rights that California residents may have under the California Consumer Privacy Act (“CCPA”). Note that the Company is not subject to the CCPA as a “business” (as defined in the statute). Nonetheless, we respect the privacy and wishes of individuals regarding their privacy. As such, you may make a request regarding our use, handling and protection of personal data by contacting us as described in the “Contact Us” section below.

Business Transfers

In the event (i) ProfitSword engages in one more asset sales or purchases, (ii) ProfitSword is acquired, (iii) ProfitSword engages in one or more business combinations, mergers or acquisitions, (iv) substantially all of ProfitSword’s assets are acquired, (v) ProfitSword is subject to an event of bankruptcy, or (vi) ProfitSword sells the Website or any related assets or rights in any URL, you acknowledge and agree that user information comprises an asset of ProfitSword and that the same is subject to assignment, transfer and/or acquisition by a third party. Accordingly, and notwithstanding anything to the contrary in this Privacy Notice, you acknowledge and agree that such transfers may occur, and that any acquirer of ProfitSword may continue to subsequently use your personal data, and that such subsequent use may not be consistent with this Privacy Notice.

Third Party Links

The Website may contain links to webpages or tools operated by parties other than ProfitSword. We do not control such websites or tools and are not responsible for their contents or the privacy policies or other practices of such websites or service providers. Our inclusion of links to an outside website or tool does not imply any endorsement of the material on such websites or tools or any association with their operators. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from an electronic platform (such as an app) or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which you will be subject to upon accessing the third party’s website. We strongly recommend you review the third party’s terms and policies.

Children

The Website is not intended for use by children. We do not intentionally gather personal data about individuals who are under the age of 13. If a child has provided us with personal data, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 13, please contact us at privacy@profitsword.com. If we learn that we have inadvertently collected the personal data of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.

Do Not Track

Some browsers have a “Do Not Track” feature that lets you tell websites and online services that you do not want to have your online activities tracked. Such browser features and industry standards are not uniform, so our websites and online services do not respond to those signals.

Contact Us

If you have any specific questions about this Privacy Notice, or privacy requests, you can contact:

ProfitSword
Attn: Sean Hoggard
7512 Dr Phillips Blvd
Suite 50-961
Orlando, FL 32819
privacy@profitsword.com
(407) 909-8822

Changes to This Policy

This policy may change from time to time. The effective date is highlighted at the top of this Privacy Notice.

We will update this Privacy Notice when necessary to reflect customer feedback, changes in our Products and Services, or legal changes. When we post changes to this policy, we will revise the “Effective Date” at the top of the Privacy Notice.

If there are material changes to the Privacy Notice or in how ProfitSword will use your personal data, we will notify you either by prominently posting a notice of such changes before they take effect or by directly sending you a notification. We encourage you to periodically review this Privacy Notice to learn how ProfitSword is processing your information.

 

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