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Rebecca Herold & Associates, LLC

Your trusted source for effective information security,
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The Privacy Professor

Privacy Policy

Updated May 24, 2018

Purpose: PrivacyGuidance.Com, aka PrivacyProfessor.com, needs to gather and use certain types of information about individuals to fulfill our business services offerings. These individuals can include customers, vendors, suppliers, business contacts, contractors, employees and other people with whom PrivacyGuidance.Com has a business relationship of any kind.

Consequences: The consequences of not providing such personal information may not be significant when the personal information is not needed to support business services and related processing. However, if the personal information is needed for a business transaction, or to fulfill the services provided by PrivacyGuidance.Com, the provisioning of such services will not be able to be fulfilled without the requested personal information.

This privacy policy describes the purposes for collecting personal information, and how this personal information must be collected, handled and stored to meet PrivacyGuidance.Com's data protection standards, and to comply with applicable legal requirements. Personal information, as described in US and global privacy laws and information security standards, is information that can be used to identify, contact, or locate a specific individual. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your personal information in accordance with our website.

What personal information do we collect from the people that visit our blog or website?

When ordering from our site you may be asked, as appropriate, to enter your name, email address, mailing address, phone number or other details to accomplish the transaction, to help you with your experience, and allow us to fulfill your transaction. When requesting the free monthly Tips messages, you will be asked for your email address to allow us to fulfill delivery of the Tips to your email inbox.

When do we collect information?

We collect information from you (the source) when you place an order, subscribe to a newsletter, fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you indicated you are most interested.
  • To allow us to better service you in responding to your customer service requests.
  • To administer a contest, promotion, survey or other site feature.
  • To quickly process your transactions.
  • To send periodic emails regarding your order or other products and services that you have requested information about.
  • To follow up with you after correspondence (e.g. email or phone inquiries)
How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We regularly use malware scanning tools.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems to support their job responsibilities, and are required to keep the information confidential. In addition, all sensitive information (e.g. credit card numbers) you supply online is encrypted.

We implement a variety of security measures when a user places an order, or accesses their information, to maintain the safety of your personal information.

All transactions involving sensitive information are processed through a gateway provider and are not stored or processed on our servers.

We have information security and privacy policies that all employees must follow, and all employees receive regular information security and privacy training.

We perform risk assessments, and audits, as part of our comprehensive risk management program.

Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. We use a Google Analytics cookie to help our site be found during Google searches, and to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services and information on our website. We also use this cookie to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.

If users disable cookies in their browser:

If you turn cookies off, some of the features that make your site experience more efficient may not function properly.

Legal basis of processing:

PrivacyGuidance.Com may process personal information relating to you if one of the following applies:

  • You have given your consent for one or more specific purposes. Note: Under some legislations PrivacyGuidance.Com may be allowed to process personal information until the individual objects to such processing ("opt-out"), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of personal information is subject to European data protection law;
  • Provision of personal information is necessary for the performance of an agreement with the individual and/or for any pre-contractual obligations thereof
  • Processing is necessary for compliance with a legal obligation to which PrivacyGuidance.Com is subject;
  • Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in PrivacyGuidance.Com;
  • Processing is necessary for the purposes of the legitimate interests pursued by PrivacyGuidance.Com or by a third party.

In any case, PrivacyGuidance.Com will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Retention time:

Personal information be processed and stored for as long as required by the purpose they have been collected for. Therefore:

  • Personal information collected for purposes related to the performance of a contract between PrivacyGuidance.Com and the individual will be retained until such contract has been fully performed.
  • Personal information collected for the purposes of PrivacyGuidance.Com's legitimate interests will be retained as long as needed to fulfill such purposes. Individuals may find specific information regarding the legitimate interests pursued by PrivacyGuidance.Com within the relevant sections of this document or by contacting PrivacyGuidance.Com.

PrivacyGuidance.Com may be allowed to retain personal information for a longer period whenever the individual has given consent to such processing, as long as such consent is not withdrawn. Furthermore, PrivacyGuidance.Com may be obliged to retain personal information for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, personal information will be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

Third-party disclosure:

We do not sell, trade, or otherwise transfer to outside parties your personal information unless we first provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential and abide by our privacy policy. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.

However, non-personally identifiable (anonymized) visitor information may be provided to other parties for marketing or advertising research, or other site support uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Opting out:

Individuals can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

Individuals have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. by PrivacyGuidance.Com does not use automated decision making related to actions that impact legal rights.

The rights of Individuals:

Individuals may exercise certain rights regarding their personal information processed by PrivacyGuidance.Com.

In particular, individuals have the right to do the following:

  • Withdraw their consent at any time. Individuals have the right to withdraw consent where they have previously given their consent to the processing of their personal information.
  • Object to processing of their personal information. Individuals have the right to object to the processing of their personal information if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
  • Access their personal information. Individuals have the right to learn if personal information is being processed by PrivacyGuidance.Com, obtain disclosure regarding certain aspects of the processing and obtain a copy of the personal information undergoing processing.
  • Verify and seek rectification. Individuals have the right to verify the accuracy of their personal information and ask for it to be updated or corrected.
  • Restrict the processing of their personal information. Individuals have the right, under certain circumstances, to restrict the processing of their personal information. In this case, PrivacyGuidance.Com will not process their personal information for any purpose other than storing it.
  • Have their personal information deleted or otherwise removed. Individuals have the right, under certain circumstances, to obtain the erasure of their personal information from PrivacyGuidance.Com.
  • Receive their personal information and have it transferred to another controller. Individuals have the right to receive their personal information in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the personal information is processed by automated means and that the processing is based on the individual's consent, on a contract which the individual is part of, or on pre-contractual obligations thereof.
  • Lodge a complaint. Individuals have the right to bring a claim before their associated data protection authority.
Details about the right to object to processing:

Where personal information is processed for a public interest, in the exercise of an official authority vested in PrivacyGuidance.Com or for the purposes of the legitimate interests pursued by PrivacyGuidance.Com, individuals may object to such processing by providing a ground related to their particular situation to justify the objection.

Individuals must know that, however, should their personal information be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether PrivacyGuidance.Com is processing personal information for direct marketing purposes, individuals may refer to the relevant sections of this document.

How to exercise these rights:

Any requests to exercise individual rights can be directed to PrivacyGuidance.Com through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

California Online Privacy Protection Act

CalOPPA is the first state law in the USA to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting personal information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

Per CalOPPA, we agree to the following:

Individuals can visit our site anonymously.

You will be notified of any Privacy Policy changes on our Privacy Policy page.

You can change your personal information by emailing us.

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

We do not allow third-party behavioral tracking.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles (FIPPs) form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the FIPPs and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with FIPPs and other breach notice laws we will take the following responsive action, should an event that falls under the definition of a data breach occur:

We will notify you via email, telephone, or other method as appropriate to the situation as soon as possible after confirming breach and associated details.

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

Purposes: We collect your email address in order to:
  • Provide you with your monthly Tips message, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders
  • Send you additional information related to your product and/or service
To be in accordance with CAN-SPAM, we agree to the following:
  • Not use false or misleading subjects or email addresses.
  • Identify any marketing messages that we may someday send as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe from the monthly Tips by using a link at the bottom of each monthly Tips issue.

If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.


Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

The Privacy Professor
Rebecca Herold, CEO
625 42nd Street
Des Moines, Iowa 50312
515.491.1564
rebeccaherold@rebeccaherold.com

Last Edited on May 24, 2018