Last modified November 1, 2021
- “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which an individual or device is accessing or using the Service. “Your” means something belonging to, provided by, or relating to You.
- The “Service” means any and all of the services that We offer, including, but not limited to, visiting our website, or submitting any data through the website, through any of our Services, or through email or other methods of communication with us.
- “GDPR” means the General Data Protection Regulation.
- “Data Controller”, for the purposes of the GDPR, refers to the Company as the legal entity which alone or jointly with others determines the purposes and means of the processing of Personal Data.
For the purpose of GDPR, We are the Data Controller for any data that You provide to us or that we otherwise collect from You.
Under the GDPR You may be referred to as the “Data Subject” or as the “User” as you are the individual using the Service.
- “CCPA” means the California Consumer Privacy Act.
- “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.
- “Account” means a unique account created for You to access our Service or parts of our Service.
- “Website” refers to ProfitPay’s website, accessible at https://profitpay.com.
- “Service” and “Services refer to any and all services offered by the Company, including, but not limited to, access to and through our Website, any Services accessed through the Website or any apps, and any other Services offered by the Company.
- “Service Provider” means any natural person or legal entity who processes your data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
For the purpose of the GDPR, Service Providers are considered to be Data Processors.
- “Third-party Social Media Service” refers to any website or any social network website through which a User can log in or create an account to use the Service.
- “Facebook Page” is a public profile named ProfitPay and specifically created by the Company on the Facebook social network, accessible at https://www.facebook.com/profitpay.com.
- “Personal Data” is any information that relates to an identified or identifiable individual. Your Personal Data is any information that relates to or identifies you, or that can be used, either alone or in combination with other data, to identify you.
For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to Your physical, physiological, genetic, mental, economic, cultural or social identity. Basically GDPR considers Personal Data to be anything that could be used, alone or with other data, to identify you specifically.
For the purposes of the California Consumer Privacy Act (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.
- “Cookies” are small files that are placed by a website onto Your computer, mobile device, or any other device, containing the details of Your browsing history on that website and related uses.
- “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).
- “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.
- “Consumer”, for the purpose of the CCPA, means a natural person who is a California resident. Note that for some purposes the CCPA also applies to individual Internet-connected devices, such as a phone or tablet, in addition to natural persons.
- “Business”, for the purpose of the CCPA, refers to the Company as the legal entity that collects the personal information of Consumers in California, 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.
- “Sale”, for the purpose of the CCPA, 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 whether for financial gain, or for some other valuable consideration, including but not limited to partnering opportunities, bartered or in-kind goods or services, and goodwill.
We collect a variety of information from or about you or your devices from various sources, as described below.
If you do not provide your information when requested, you may not be able to use our Services if that information is necessary to provide our Services or if we are legally required to collect it.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name
- Last name
- Phone number
- Address, City, State or Province, ZIP or Postal code
- IP address
- Date of Birth
- Credit card information
- Identification numbers such as a license or Social Security number
- Usage Data
Some personally identifiable information, such as your IP address and usage data, is detected and collected automatically, and you agree to this in order to use our website or our Service.
Usage Data is collected automatically when using the Service.
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.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some or all parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set forth below:
– Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with Services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
– Policy Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
– Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
– Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, or features, or new functionality of the Website to see how our users react to them.
– Targeting and Advertising Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies track your browsing habits to enable Us to show advertising which is more likely to be of interest to You. These Cookies use information about your browsing history to group You with other users who have similar interests. Based on that information, and with Our permission, third-party advertisers can place Cookies to enable them to show adverts which We think will be relevant to your interests while You are on third-party websites.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company 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 and 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.
- To contact You: To contact You by email, telephone, 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 Services, including security updates, when necessary or reasonable for implementation of the Service.
- 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 enquired about or use, unless You have opted not to receive such information.
- To attend to and manage Your requests to Us.
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 show advertisements to You to help support and maintain Our Service, to advertise on third-party websites to You after You visit our Service, and 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 by another company.
- 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. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a short 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 the Company’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 than those from Your jurisdiction.
Disclosure of Your Personal Data
– Business Transactions
– Law enforcement
Under certain circumstances, the Company may be compelled to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities such as 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
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service, or of the public
- Protect and defend the rights or property of the Company
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is paramount to Us, however no method of transmission over the Internet, or method of electronic storage, is 100% secure 100% of the time. While We strive to use generally accepted security practices, and commercially acceptable means, to protect Your Personal Data, We cannot guarantee its absolute security, because no business that operates on the Internet can guarantee 100% security 100% of the time; we’re just willing to be honest about it.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
- Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to personalize and contextualize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page at https://policies.google.com/privacy
We may use Service providers to show advertisements to You to help support and maintain Our Service.
- Google AdSense & DoubleClick Cookie
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page at http://www.google.com/ads/preferences
– 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. We may use Email Marketing Service Providers to manage and send those emails 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. You may not opt out of non-marketing transactional emails that are required for us to contact You about transactions, Your account, or Your use of our Service.
– Behavioral Remarketing
- Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page at http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on for your web browser at https://tools.google.com/dlpage/gaoptout. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page at https://policies.google.com/privacy
– Usage, Performance and Miscellaneous
We may use third-party Service Providers to improve of our Service.
- Invisible reCAPTCHA
We use an invisible captcha service named reCAPTCHA. reCAPTCHA is operated by Google.
The reCAPTCHA service may collect information from You and from Your Device for security purposes.
Legal Basis for Processing Personal Data under GDPR
Under GDPR We may process Your Personal Data under the following conditions:
- Consent: You have given Your 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 or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or the vital interests of another 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 the Company.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing of Your Personal Information, 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
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
- Access, update or delete the information We have on You. Where it has been made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings. If you are unable to perform these actions yourself, please contact Us to assist You.
- Receive a copy of Your Personal Data that We hold.
- 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 (“The Right to be Forgotten”). 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 of your choosing, 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 in the performance of 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 above rights under GDPR 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 under GDPR to complain to a Data Protection Authority about Our 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.
Your Rights under the CCPA
- The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
- The right to request and obtain disclosure information. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries, to a third party for the third party’s direct marketing purposes.
- The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by visiting our “Do Not Sell My Personal Information” page on this Website.
- The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:
- The categories of Personal Data collected
- The sources from which the Personal Data was collected
- The business or commercial purpose for collecting or selling the Personal Data
- Categories of third parties with whom We share Personal Data
- The specific pieces of Personal Data we collected about You
- The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that has been collected in the past 12 months. * 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 prices or rates for goods or services which prices or rates are different from those we charge others for the exact same goods or services, including the use of discounts or other benefits, or the imposition of penalties.
- Providing a level or quality of goods or services to You that is different from what which we provide to others for the exact same goods or services.
- Suggesting that You will receive a different price or rate for goods or services, or a different level or quality of goods or services, that is different than that which we charge or provide to others.
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 email or call us or visit our “Do Not Sell My Personal Information” section or web page.
The Company 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 reasonable necessary and with prior notice.
Do Not Sell My Personal Information
We do not sell personal information. However, the Service Providers we partner with (for example, our 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 at our Do Not Sell My Personal Information page on this Website.
Please note that any opt-out is specific to the browser You use. You may need to opt out on every browser that you use.
Data Controller for the Facebook Page
The Company is the Data Controller of Your Personal Data collected while using the Service. As operator of the Facebook Page at https://www.facebook.com/profitpay.com, the Company and the operator of the social network Facebook are Joint Data Controllers.
The Company has entered into agreements with Facebook that define the terms for use of the Facebook Page, among other things. These terms are mostly based on the Facebook Terms of Service at https://www.facebook.com/terms.php
We use the Facebook Insights function in connection with the operation of the Facebook Page in order to obtain anonymized statistical data about Our users.
For this purpose, Facebook places a Cookie on the device of the user visiting Our Facebook Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.
Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Page, and services by other companies that use Facebook services.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on our Website:
- From Our “Cookie Consent” notice banner; or
- From Our “CCPA Opt-out” notice banner; or
- From Our “Do Not Sell My Personal Information” notice banner; or
- From Our “Do Not Sell My Personal Information” page
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.
Your mobile device may give you the ability to opt out of the use of information about the apps you use, which information is used to serve you ads that are targeted to your interests. This opt-out option is generally found under:
- “Limit Ad Tracking” on iOS devices
- “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android 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 honors 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 Do Not Track (DNT) by visiting the preferences or settings page of Your web browser.
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.
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 allow 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 or other identifying information 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
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
We have no knowledge or control over when a third-party link provided in this document may become nonoperational and fail to load a page from the third party’s website.