PFG Ventures, L.P. dba Proforma
Privacy Policy
Last Updated: 9/19/23
PFG Ventures, L.P. dba Proforma ("We,” "Us,” or "PFG”) takes your privacy seriously. This Privacy Policy explains what information we collect about you, why we collect the information, and how we collect and use the information to deliver the best experience we can. We host websites or other platforms for our independently-owned and operated franchisees (each, a "Seller”) and other third parties in certain circumstances. Those websites or platforms may contain a separate privacy policy, which will govern your use.
By using any of our or the Sellers' websites, applications, software, programs, PFG Hosted Services (as defined in the Terms of Use), or any other communication that links to this Privacy Policy (collectively, "Sites”) or otherwise providing Personal Information to us, you agree to this Privacy Policy. Note that we host electronic stores for our franchisees, Seller, and third parties. Each Seller or other third-party website may be subject to a different privacy policy. You agree to read each privacy policy.
PERSONAL INFORMATION
Personal Information We Collect
"Personal Information” generally means any information that can reasonably identify you as an individual and any other information we associate with it. We collect categories of information from different sources.
1. Profile information and other content you voluntarily provide us, which may include:
· Username and password
· Contact information when you register on our Sites or do business with us, such as your name, street address, demographic information (such as your gender), date of birth, phone number, and/or email address. You may also provide us with information about other people, such as when you direct us to send a product on your behalf. If you submit any Personal Information relating to other people in connection with the Sites, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
· Similar professional contact information if you interact with us in the scope of your employment. This may include your employer, title, work address, phone and/or email, and similar information.
· Any content or contributions you post in a public space on the Sites, including comments, videos, and photos that you might submit. We may collect your social media identifier if you contact us through a social media site.
· Any information you provide in communications with us, such as via social media, email, or our customer call center.
· Transaction history, if you purchase or redeem points or value from a Seller's online store to purchase products or services.
· Payment information, such as when you make a purchase with a Seller and your billing information is required to process the transaction.
2. Information that is passively collected when you use the Sites, such as by our web servers and by third-party analytics tools we use:
· Our system logs may record certain information about visitors to our Sites, including the web request, Internet Protocol ("IP”) address, device and mobile ad identifiers, browser information, interaction with the Sites, pages viewed, app usage, and other such information. We may collect similar information from emails you receive from us that can help us track which emails are opened and which links are clicked by recipients.
· We may use certain cookies, pixel tags, and other technologies to help us understand how you use the Sites and enable us to personalize your experience. To learn more about cookies, please visit http://www.allaboutcookies.org/. To learn more about PFG's use of cookies, please see our cookie policy. We may ask advertisers or other third-party partners to serve ads or services to your devices, which rely on cookies or similar technologies placed on our Sites.
· We may detect the physical location of your device. For example, using GPS information collected by mobile apps or location information shared by your web browser. We may collect this information to facilitate compliance with local laws or regulations and to enhance or facilitate the Sellers' services, such as enabling certain functionalities of the Sites that can provide you with information about promotions or relevant product information near you. We may use your device's physical location to understand better how our Sites and other services and functionality are being used and to provide you with relevant and personalized location-based services and content, including advertising. Should you wish to opt out of the collection of this information, please adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Your location may be derived from your WiFi, Bluetooth, and other device settings. Please consult your device settings for further information.
3. We may receive information from third parties, such as advertising and marketing partners, public databases, and social media platforms, to supplement the information we receive from you and others. If we do so, this policy governs how we can use that information.
4. Besides collecting Personal Information, we may collect information that does not identify you and is not associated with your Personal Information. We may also de-identify information, so it no longer identifies you. We can aggregate and use such information to engage in marketing and other activities in a manner that protects individuals since it does not use their Personal Information and is outside the scope of this Privacy Policy.
How We May Use Personal Information
We or our Sellers may use Personal Information as permitted by law for the following business purposes:
· to respond to your inquiries and fulfill your requests, including sending this information to third parties to fulfill your order
· to communicate with you about and process orders, purchases, returns, services, donations, promotions, campaigns, programs, rewards, and accounts
· to inform you about products, promotions, events, or other promotional purposes
· to re-contact you if we or a Seller have not heard from you in a while
· to send you advertising/promotional material from any of our Sellers and on behalf of our Sellers and promotional and strategic partners
· to improve your experience with our or a Seller's products and services, such as by personalizing your experience
· to permit you to participate in social sharing, including live social media feeds
· to perform analytics, quality control, market research, and determine the effectiveness of our websites, mobile applications, promotional campaigns, and develop new products and services
We may also use Personal Information as we believe to be necessary or appropriate for certain essential purposes, including:
· to comply with applicable law and legal process
· to respond to requests from public and government authorities, including public and government authorities outside your country of residence
· to detect, prevent, or investigate potential security incidents or fraud
· to facilitate the functionality of our mobile applications and websites
· to provide important product safety information and notice of product recalls
· to enforce our terms and conditions
· to protect our operations or those of our affiliates or Sellers
· to protect our rights, privacy, safety or property, security and/or that of our affiliates and Sellers, you, or others
· to allow us or our Sellers to pursue available remedies or limit the damages that we may sustain
How We May Disclose Personal Information
1. To the extent permitted by law, your Personal Information may be disclosed with the following categories of third parties:
· to our affiliates or Sellers for the purposes described in this Privacy Policy
· to our or our Sellers' or third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, shipping services, infrastructure provision, I.T. services, customer service, email delivery services, credit card processing, auditing services, and other business services, to enable them to provide these and other services
· to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings)
· in connection with the essential purposes described above (e.g., to comply with legal obligations)
2. To the extent permitted by law, your name and contact information (and other information you disclose) may be disclosed with the following categories of third parties:
· to third-party strategic partners with whom we or a Seller may enter into a special relationship for promotional activities, where permitted by law
· to distributing partners with whom we or a Seller share information for the purpose of product manufacture, procurement, sale, and distribution
· to our or a Seller's suppliers and delivery partners, if you interact with us or a Seller in a business context and sharing your information is reasonably necessary in connection with a corporate order or related inquiry
3. To the extent permitted by law, information that is passively collected when you use the Sites may be disclosed with the following categories of third parties:
· our online and email advertisers or other third-party vendors we use who may provide cookies, pixel tags, web beacons, clear GIFs, or other similar technologies for use on our Sites or other websites to manage and improve our online and email advertising campaigns.
For example, a vendor (e.g., Google, Facebook) may provide us with certain digital advertising pixels or other tools to recognize their cookies during your visit to the Sites and to learn which of our online advertisements may have brought you to our or a Seller's Sites, or to serve you with advertisements for products or services after you leave the Sites. These third-party vendors may also use other digital advertising tools and your Personal Information to recognize you across the devices and online services you use. To learn more about PFG's use of cookies, please see our cookie policy.
Our disclosure of your personal information to third parties may constitute a sale under certain state laws and, in California, may also constitute "sharing” (which is a term used to address the sharing of information for advertising purposes). To the extent that our use constitutes a sale or sharing of your personal information, you have the right to opt-out by opting-out of cookies in our websites' cookie preference center and submitting an opt-out request at privacy@proforma.com
DO NOT TRACK AND GLOBAL PRIVACY CONTROL
Do Not Track (DNT) is a privacy preference you can set in most browsers. For more details, you can visit www.allaboutdnt.com. There is no standard interpretation or practice for responding to DNT signals. We handle all user information consistent with this Privacy Policy.
Global Privacy Control (GPC) is a setting you can enable in your web browser to communicate your privacy preference for not having certain information about your webpage visits collected across websites. Visit globalprivacycontrol.org for more details.
As provided below, we will not disclose your Personal Information to third parties if we have received and processed a request from you not to do so. To submit such a request, please contact us here: Do Not Sell or Share My Personal Information.
THIRD-PARTY SITES AND INTEGRATIONS
Our Sites may integrate third-party sites, such as video streaming services offered by certain partners, where indicated, such as YouTube and Vimeo. Please be aware that we do not control the content or privacy practices of such third-party sites and services. You should know that such third-party functionality may be subject to such parties' privacy statements.
The Sites may also link to third-party websites, mobile applications, and other online services or platforms, including such services operated and controlled independently by the Sellers. These links are provided for your convenience only. We have no control over such third parties or independent Seller actions and are not responsible for the content, availability, or security of third parties or Sellers. Third parties and Sellers may use your information for their own purposes, including behavioral or advertising. If you decide to access any of the third-party or Seller links available on the Sites, or if you provide Personal Information through these third-party or Seller sites, app, or platforms, you do so subject to the privacy policies and terms and conditions of use of the owner or operator, and not this Privacy Policy.
SECURITY
We use standard physical, technical, and administrative measures designed to reduce the risk of loss, misuse, unauthorized access, disclosure, or modification of your Personal Information. Unfortunately, no system or network can be guaranteed 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us by the "Contacting Us” section below (note that physical mail notification will delay the time it takes for us to respond to the problem).
YOUR CHOICES AND ACCESS RIGHTS
Your choices regarding our use and disclosure of your Personal Information
· To stop receiving phone, mail, SMS, and/or email marketing communications from us, you may text "STOP” to a text message from us or click "unsubscribe” at the bottom of an email from us. If you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, such as emails about your accounts. Removal from our system will not remove you from a Seller's system. Contact the Seller directly to opt-out.
· We will not disclose your Personal Information to third parties if we have received and processed a request from you not to do so, except for order fulfillment. To submit such a request, please contact us here: Do Not Sell or Share My Personal Information.
How you can access, correct, or delete your Personal Information
· You may request a copy of the following: (1) The categories of Personal Information we collected about you; (2) The categories of sources from which the Personal Information is collected; (3) The business or commercial purpose for collecting or selling (if applicable) the Personal Information; (4) The categories of third parties with whom we share Personal Information and the categories of Personal Information shared; and (5) The specific pieces of your Personal Information we have collected, used or disclosed (if applicable).
· You have the right to correct inaccurate personal information about you. Note that correction requests are subject to certain limitations, and we may choose to delete rather than correct your personal information in some circumstances.
· You may request that we delete your Personal Information. Note that deletion requests are subject to certain limitations. For example, we may retain Personal Information as permitted by law, such as for tax or other record-keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.
To request a copy of the Personal Information we have collected about you or that your information be deleted, please Make a Request as instructed at the bottom of this page. You will need to provide your name, email address, and country/state of residence. You may authorize another person (your "agent”) to submit a request on your behalf. Upon submission of your request, we will contact you (via the email address or mobile number provided in your request) with instructions on how to verify the request. We will then check our records for matching information and endeavor to complete requests as soon as reasonably practicable and consistent with applicable laws. Reasonable access to your personal data will be provided in either a portable electronic format or by mail in accordance with applicable law and at no cost. Please note that verifying and fulfilling agent-submitted requests may take additional time. If you have an account with us, you may make changes through your account profile page. Please note that changes you make on your account profile page through one of our Sites may not always be reflected on other Sites operated by us.
Residents of Colorado, Connecticut, and Virginia: You can appeal a decision about your consumer privacy requests by contacting us by email at privacy@proforma.com
CALIFORNIA DISCLOSURES
Shine the Light
California law permits California resident customers to request certain information regarding our disclosure of certain categories of personal information to third parties for their direct marketing purposes. To make such a request, please contact us in the "Contacting Us” section below.
Notice of Financial Incentive
PFG does not generally assign monetary or other value to consumers' Personal Information, and our promotions activity changes continually. To the extent California law requires that a value be assigned to such programs, or the price or service differences they involve, PFG values the Personal Information collected and used under each program as being equal to the value of the discounts or other financial incentives provided in each such program, based upon a practical and good-faith effort to assess on an aggregate basis for all collected information: (1) the type of Personal Information collected in each program (e.g., email address), (2) the use of such information by PFG in connection with its marketing activities, (3) the range of discounts provided (which can depend on each consumer's purchases under such offers), (4) the number of individuals enrolled in respective programs, and (5) the products for which the benefits (such as price difference) can apply. These values can change over time. Note that this description is without waiver of any proprietary or business confidential information, including trade secrets, and it does not constitute any representation regarding generally accepted accounting principles or financial accounting standards.
Sensitive Personal Information
When we collect precise geolocation information to perform a Service you have requested, we are deemed to be collecting "sensitive” data under California law. Our use of this data for performing a Service you requested is consistent with the permitted business purposes in California Civil Code § 1798.100 et seq. and implementing regulations.
Disclosures
While we have disclosed Personal Information to third parties, we have no actual knowledge that we have sold or shared such information on anyone under 18 years old.
RETENTION PERIOD
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted for legal, auditing, or compliance purposes.
CHILDREN'S PRIVACY
We do not knowingly collect or solicit any information on the Site from anyone under 18 or allow minors under 18 to disclose their Personal Information to us through the Sites. The Sites are directed to individuals permitted to share their Personal Information without parental consent. If you believe that we might have any information from a child under 18, please contact us below in the "Contacting Us” section. You may mark your inquiry "COPPA Information Request.” Parents can learn more about how to protect children's privacy online here.
We may query a user's age before granting access to certain portion of our Sites, and the results may be retained and reflected across our other Sites for a period of time.
If you are under 18 and a registered user of the Sites, you may ask us to remove content or information you have posted by contacting us as directed below in the "Contacting Us” section. Please note that your request does not ensure complete or comprehensive removal of the content or information. For example, another Sites user may have reposted your public content somewhere else on the Sites or another website.
UPDATES TO THIS PRIVACY POLICY
We may periodically update this Privacy Policy. Please reference the "LAST UPDATED” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on our Sites. Your use of the Sites following these changes means accepting the revised Privacy Policy.
CONTACTING US
We welcome your questions, comments, and concerns about privacy. If you have any questions about this Privacy Policy or our data practices, please contact us as follows:
1. You may email us by submitting the form at: proforma.com/contact.html
2. You may call us at 216-520-8400.
We may store cookies on your web browser when you use the PFG Hosted Services, websites, mobile applications, and online services (the "Site”). Other third parties you choose to visit may do the same. This Cookie Policy explains what a cookie is, how to manage your cookies, and what kind of cookies may be on our sites.
1. WHAT IS A COOKIE AND WHY DO WE USE THEM?
Cookies are small pieces of text. They are provided by most websites and stored by your web browser on the computer, phone, or other device that you are using. Cookies serve many purposes. They can help a website remember your preferences, learn which areas of the website are useful and which areas need improvement, and provide you with targeted advertisements or personalized content. Sometimes, cookies are enabled when pixels are placed on a website. Pixels are also referred to as web beacons, clear gifs, and tags. They allow websites to read, place, and remember cookies.
2. HOW DO I MANAGE COOKIES?
You can opt-out of cookies in our websites' cookie preference center.
Most web browsers allow you to choose whether or not to accept cookies. Most web browsers also allow you to delete saved cookies. Each browser will dictate the choices available and the cookie management mechanism. Such browser settings are typically found in the "options,” "tools,” or "preferences” menu. You may also consult the browser's "help” menu. For example:
The Site may use different cookie types as described below:
· Strictly Necessary Cookies: These cookies are required to use the Site. For example, Strictly Necessary Cookies adjust the Site data transmitted to match your Internet connection, get you to the secure versions of the Site, and help provide services you specifically request. If you set your browser to block these cookies, some parts of the Site will not work. Strictly Necessary Cookies do not store any Personal Information.
· Performance Cookies: We may use these cookies to count visits and traffic sources to measure and improve Site performance. These cookies do not store any Personal Information.
· Functional Cookies: These cookies allow the Site to remember your choices and provide enhanced functionality and more personalized features. Depending on the context, Functional Cookies may store certain types of Personal Information as needed to provide functionality.
· Targeting Cookies: We may use Targeting cookies to help us manage and display advertisements based on your activity on the Site and other sites. Targeting cookies primarily relies on uniquely identifying your browser and internet device. Opting out of interest-based advertising does not mean you will no longer see advertising online, but it does mean that the companies from which you opt-out will no longer show ads tailored to your interests.
· Social Media Cookies: Social Media Cookies make social sharing more accessible for you, provide you with tools to connect with the Site, and help us better understand both the audience for the Site and the effectiveness of our social media outreach. These are third-party cookies. Your choices concerning such cookies are determined by the social media platforms on which you have accounts.
4. UPDATES TO THIS COOKIE POLICY
We may change this Cookie Policy at any time. Please review the "LAST UPDATED” legend at the top of this page to see the last revision date to this Cookie Policy. Any changes in this Cookie Policy will become effective when the revised Cookie Policy is available on or through the Site.
5. CONTACTING US
If you have any further questions, please call us at 216-520-8400.
California Notice at Collection
This Notice at Collection of Personal Information describes our personal information collection practices, including a list of the categories of personal information we collect, the purposes for which we collect and use personal information and the sources from which we collect personal information. It also describes whether we disclose personal information to third parties (and the categories of third parties), whether we sell or share personal information and the length of time we retain personal information.
What types of personal information does PFG collect and why?
While we previously explained what personal information we collect and why in our Privacy Policy, the California Consumer Privacy Act, as amended (CCPA), requires that we make our disclosures using the categories of personal information used in the definition of personal information in the CCPA. These disclosures relate to the personal information we have collected in the preceding 12 months.
Below, please find the CCPA categories of personal information collected, the category of source, the business or commercial purpose for collection, and the categories of third parties to which PFG may disclose personal information.
|
Category of Personal Information |
Source of Collection |
Purpose for Collection and Use |
Third Parties to which Personal Information is Disclosed |
|
Identifiers |
Directly from you |
Performing the Services |
Service providers, including marketing vendors, Sellers, and other third parties |
|
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) |
Directly from you |
Performing the Services, Advertising and Marketing |
Service providers, including marketing vendors, Sellers, and other third parties |
|
Protected classification characteristics under California or federal law |
Directly from you |
Performing the Services, Advertising and Marketing |
Service providers, including marketing vendors, Sellers, and other third parties |
|
Commercial information |
Directly from you |
Performing the Services, Advertising and Marketing |
Service providers, including marketing vendors, Sellers, and other third parties |
|
Internet or other electronic network activity |
Directly from you, Automatically collected during use of the Services |
Performing the Services |
Service providers, including marketing vendors, Sellers, and other third parties |
|
Geolocation data, including precise geolocation |
Directly from you, Automatically collected during use of the Services |
Performing the Services |
Service providers, including marketing vendors, Sellers, and other third parties |
|
Audio, electronic, visual, or similar information |
Directly from you |
Performing the Services |
Service providers, including marketing vendors, Sellers, and other third parties |
|
Professional or employment-related information |
Directly from you, From third parties |
Performing the Services, Advertising and Marketing |
Service providers, including marketing vendors, Sellers, and other third parties |
|
Inferences drawn from other categories to create a profile about a California Consumer |
PFG |
Advertising and Marketing |
Service providers, including marketing vendors, Sellers, and other third parties |
Does PFG "sell” or "share” personal information?
Our disclosure of your personal information to third parties, including distributing partners and advertising and analytics providers, may constitute a sale under specific state laws and, in California, may also constitute "sharing” (which is a term used to address the sharing of information for advertising purposes). Specific details on how to exercise your opt-out rights are set out in our privacy policy.
How long does PFG retain Personal Information?
We retain personal information about a user for as long as the user's account is active and otherwise as long as necessary for the purposes described above. We also retain personal information as long as needed to comply with legal obligations, resolve disputes, and enforce our agreements.
GDPR POLICY
Transferring personal data to the U.S.
PFG has its headquarters in the United States. We process collected information about you in the United States. By using PFG's or a Seller's services, you acknowledge we process collected information about you in the United States. The United States has not sought nor received a finding of "adequacy” from the European Union under Article 45 of the GDPR. Pursuant to Article 46 of the GDPR, PFG is providing for appropriate safeguards by entering binding, standard data protection clauses, enforceable by data subjects in the EEA and the U.K. These clauses have been enhanced based on the guidance of the European Data Protection Board and will be updated when the new draft model clauses are approved.
Depending on the circumstance, PFG also collects and transfers to the U.S. personal data with consent to perform a contract with you or to fulfill a compelling legitimate PFG interest in a manner that does not outweigh your rights and freedoms. PFG endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with PFG and the practices described in this Privacy Statement. Since it was founded, PFG has received zero government requests for information.
For more information or if you have any questions, please contact us at privacy@proforma.com
Data Subject rights
The European Union's General Data Protection Regulation (GDPR) and other countries' privacy laws provide certain rights for data subjects. Data Subject rights under GDPR include the following:
● Right to be informed
● Right of access
● Right to rectification
● Right to erasure
● Right to restrict processing
● Right of data portability
● Right to object
● Rights related to automated decision-making including profiling
This Privacy Notice intends to provide you with information about what personal data PFG collects about you and how it is used.
If you wish to confirm that PFG is processing your personal data, or to have access to the personal data PFG may have about you, please contact us.
You may also request information about: the purpose of the processing; the categories of personal data concerned; who else outside PFG might have received the data from PFG; what the source of the information was (if you didn't provide it directly to PFG); and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by PFG if it is inaccurate. You may request that PFG erase that data or cease processing it, subject to certain exceptions. You may also request that PFG cease using your data for direct marketing purposes. In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how PFG processes your personal data. When technically feasible, PFG will—at your request—provide your personal data to you.
Reasonable access to your personal data will be provided in either a portable electronic format or by mail in accordance with applicable law and at no cost. If access cannot be provided within a reasonable time frame, PFG will provide you with a date when the information will be provided. If, for some reason, access is denied, PFG will provide an explanation as to why access has been denied.
For questions or complaints concerning the processing of your personal data, you can email us at privacy@proforma.com. Alternatively, if you are located in the European Union, you can also have recourse to the European Data Protection Supervisor or your nation's data protection authority.