CARDONE Privacy Policy

Effective date: August 31, 2017

Last updated: October 29, 2020


PLEASE PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY DOWNLOADING, ACCESSING, OR USING OUR SERVICES (DEFINED BELOW), YOU SIGNIFY THAT YOU HAVE READ THIS PRIVACY POLICY AND AGREE TO ITS TERMS, INCLUDING OUR TERMS OF USE THAT ARE INCORPORATED INTO THIS PRIVACY POLICY.


THIS POLICY MAY CHANGE FROM TIME TO TIME (SEE CHANGES TO OUR PRIVACY POLICY), YOUR CONTINUED USE OF THE SERVICES AFTER WE MAKE CHANGES TO THE PRIVACY POLICY IS DEEMED ACCEPTANCE OF THOSE CHANGES. YOU ARE ENCOURAGED TO REVIEW THIS PRIVACY POLICY FREQUENTLY (THE DATE OF THE MOST RECENT REVISION TO THIS PRIVACY POLICY APPEARS AT THE BEGINNING OF THIS PRIVACY POLICY). EACH TIME YOU VISIT US, THE MOST RECENT PUBLISHED VERSION OF OUR PRIVACY POLICY APPLIES.


OUR PRIVACY POLICY APPLIES TO ALL WEB SITE VISITORS, YOU AND THE USERS OF YOUR SYSTEMS, AND ANY OTHERS WHO INTERACT WITH THE SERVICES (“USER” “YOU,” OR “YOUR”). IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT USE OUR SERVICES.

Cardone Industries, Inc. (“Cardone”, “we”, “us”, or “our”) is committed to respecting the privacy of our customers. This Privacy Policy has been created to disclose Cardone’s use, collection and protection of Personal Information (described below). We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that comply with this Privacy Policy. Our Services are not intended for anyone under 13 years of age. No one under age 13 may provide any information to the Services. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.

SCOPE OF NOTICE

This Privacy Policy is in effect for my.cardone.com, www.cardone.com, Cardone mobile applications, email lists, or other generic and personal information collected or owned by Cardone, no matter the method of collection (e.g., mail, survey, or website use) (Collectively referred to as the “Services”).

NOTICE TO CALIFORNIA RESIDENTS – CALIFORNIA SHINE THE LIGHT LAW

Residents of the State of California have the right to ask companies conducting business in California to provide them with a list of the types of personal information that we have disclosed during the preceding year to third parties for their direct marketing purposes, and the identity of those third parties. Note that Cardone does not disclose any personal information to third-parties for their direct marketing purposes.

NOTICE TO CALIFORNIA RESIDENTS – CALIFORNIA CONSUMER PRIVACY PROTECTION

Under the California Consumer Privacy Act (“CCPA”), if you are a California Consumer, or an authorized representative of a California Consumer, as defined by the CCPA, you have the following rights regarding your personal information collected during the 12 months before your request:

        The right to request disclosure of categories and specific pieces of personal information collected about you.

        The right to request deletion of any personal information collected about you.

        The right to request disclosure of the categories of sources from which your personal information is collected.

        The right to request disclosure of the business or commercial purpose for collecting or selling your personal information. We do not sell personal information that we collect about you; however third-party cookies are used as described below. If you do not wish to permit such cookies, please visit http://optout.aboutads.info/

        The right to request the categories of third parties with whom the business shares your personal information.

        The right to request a copy of the specific personal information collected about you.

        The right not to be discriminated against because you have exercised any of these rights.

In order to exercise rights enumerated above, please contact us at legaldept@cardone.com or 215-912-3000. We will attempt to verify your request by using information related to your account, if applicable, but in some cases additional information may be required. Subject to certain exceptions that may apply, if we are able to verify your request, we will accommodate your request in accordance with the CCPA. If we are unable to complete your requests fully, we will provide you additional information about the reasons that we could not comply with your request.


Authorized Agents. You may also designate an agent to make requests to exercise your rights under CCPA as described above. We will take steps to verify both (1) the identity of the person seeking to exercise their rights as listed above and (2) that your agent has been authorized to make a request on your behalf by providing us with a copy of a signed written authorization or a copy of a power of attorney.

Do Not Track. We do not respond to Do Not Track (DNT) signals at this time.

EU DATA SUBJECT RIGHTS

If you reside in the EU and The General Data Protection Regulation 2016/679(“GDPR”) is applicable to Cardone, you are entitled by law to access, correct, amend, or delete personal information about you that we hold. A list of these rights is below. If applicable, You may access your Services account to access, correct or delete the information you provided to us and which is associated with your account. For instructions on accessing your information or otherwise for assistance with these rights please write us at legaldept@cardone.com.

In the event that we refuse a request under rights of access, we will provide the individual with a reason as to why. Individuals in the EU have the right to complain as outlined below.

A list of your rights is below:

       Right of access – the right to request a copy of the information that we hold about the individual.

       Right of rectification – the right to correct data that we hold about the individual that is inaccurate or incomplete.

       Right to be forgotten – in certain circumstances the individual can ask for the data we hold about him or her to be erased from our records.

       Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.

       Right of portability – the right to have the data we hold about the individual transferred to another organization.

       Right to object – you have the right to object to certain types of processing such as direct marketing (to the extent applicable). We do not engage in any marketing to the users of our Service.

       Right to object to automated processing, including profiling – the right to not be subject to the legal effects of automated processing or profiling.

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority as defined in GDPR. A list of Supervisory Authorities is available here. If you need further assistance regarding your rights, please contact us at legaldept@cardone.com and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

INFORMATION PRACTICES

WHAT IS “PERSONAL INFORMATION”?

Personal information is information that we hold about you, and which identifies, or together with other information may identify, you.

INFORMATION WE COLLECT

Below are examples of the different ways we use and collect personal information:


Information that you provide to us:

Registration and Profile Information. When you sign up for the Services, Cardone may collect personal information that you provide to us including, but not limited to, your e-mail address, password, date of birth, contact information and other identifying information. This information is necessary for us to provide you the Services.


Communications. If you contact us, we may receive information you voluntarily share with us to help you resolve your problem or request. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Service . We will collect and receive any feedback, questions, comments, suggestions, ideas, or other information that you send to us (“Feedback”). This Feedback will be treated as non-confidential and non-proprietary and we may use it and share it with third parties.

Job Search Information. If you desire to apply for a job with us, you may submit your contact information and resume online through our website. We will collect the information you choose to provide on your resume, such as your education and employment experience. You may also apply through LinkedIn. If you do so, we will collect the information you make available to us on LinkedIn.

Information automatically collected when you use our Services:

When you use our Services, we use automatic technologies such as cookies to collect information about your browser, your device information, and other information about the way in which you connect to our Services. Cookies help us to personalize and maximize your online experience and time online. A cookie is a text file that is placed on your hard drive by a Web page server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your computer and can only be read by a web server in the domain that issued the cookie to you. Cookies help us to personalize and maximize your online experience.


Information automatically collected includes:

Location and Activity Information. Information about your estimated location which may be deduced by various technologies including your IP address.

Usage Information. This includes information such as your browser name, the type of computer used as well as other technical information about how you connect to our Service. This information may include the operating system and the internet service providers utilized, mobile device information (phone model and version) and other related information.

Device Information. Information about the device you are using such as, model, operating system, application version number and browser, mobile network information, IP addresses, user names, email addresses and other device related properties.


Log Information. Server logs regarding how you use the Services, which may include: search queries, IP address, device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL, or cookies that may uniquely identify your browser.

Information from third party analytics providers:

Cardone utilizes third party analytics tools, such as Google Analytics to automatically collect some of the information described above. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that helps us improve the Service. In order to collect this information, Google Analytics may set cookies on your browser or mobile device or read cookies that are already there. Google Analytics may also receive information about you from apps you have downloaded, that partner with Google. We do not combine the information collected through the use of Google Analytics or other thirdparty analytics tools with personally identifiable information. Third Party analytics providers’ ability to use and share information collected by and about your visits to the Services are restricted by such third party’s terms of use. For example, the Google Analytics Terms of Use and the Google Privacy Policy found at http://www.google.com/policies/privacy/partners/.

HOW WE USE YOUR INFORMATION

We use personal information to provide Services to you, to improve Services, and to protect our legal rights and limit collection of personal information to that which is relevant to these purposes. We will seek your prior written consent before using personal information for purposes not described in this Privacy Policy.

To the extent EU data protection law applies to our processing of personal data about you as a user of our Services, we act as the "data controller". To the extent EU data protection law applies to our processing of personal data on behalf of a data processor or data controller, we serve as the "data processor".

We use your information in the following ways:

To Provide and Improve the Services, including use:

To Improve Customer Service. Information you provide helps us respond to your customer service requests and support needs more efficiently.

To Personalize Your Experience. We may use your de-identified information to understand how our Users as a group use the Service and resources provided on the Service.

To Verify Your Identity. We use your information to prevent fraud or other unauthorized or illegal activity on your account.

To Improve Our Services. We may study or use the information and feedback you provide to improve our Service.

To Send You E-mail. We may use your e-mail address to send you communication relating to your account including account verification, changes to our Service, technical and security notices. We may also provide communications regarding updates in our Privacy Policy. We may also use your e-mail address to respond to your inquiries, questions, or other requests.

To Tailor Promotional E-mails to Your Interests. To the extent permitted by applicable federal and state laws and regulations, we may use your information to send you e-mail that we think may be of interest to you.


To Tailor Advertising to Your Interests. To the extent permitted by applicable federal and state laws and regulations, we may use your information to show you ads that are more relevant to your interests.

To Communicate With Third Parties and Enable Third Parties to Communicate With You in a Manner Consistent with This Privacy Policy

To the extent permitted by applicable federal and state laws and regulations, your information may also be transferred to third parties who act for or on our behalf (including service providers who provide services on our behalf), for further study or processing in accordance with the purpose for which the information was originally collected or may otherwise be lawfully processed, such as services delivery, evaluating the usefulness of the Service, evaluating improvements upon or new uses for the Services, marketing, data management or technical support.

To Comply with Legal Requirements and Protect Our Rights

When needed, we use your information to enforce this Privacy Policy, the Terms of Use, and any other terms that you have agreed to, including to protect the rights, property, or safety of Cardone, its users, or any other person, or the copyright-protected content of the Services as well as to comply with our legal obligations.


The legal basis for these uses is our legitimate uses in the performance of our contractual obligations; protection of our legal rights, compliance with legal obligations and protection of the rights of users and other individuals.

HOW WE SHARE INFORMATION COLLECTED

We share information collected about you with service providers that assist us with the provision of our Services, as well as in connection with a business transaction or as necessary to comply with our legal obligations.


With Service Providers

We share your information with service providers to perform functions and process your data and to help provide our Services, consistent with this Privacy Policy. The legal basis for this sharing of your information is our legitimate interest in providing our Services efficiently.


With our affiliates and In connection with a business reorganization

We may share your information with companies under common control with Cardone in the ordinary operation of our business. In addition, we would share your information if we are involved in a merger, acquisition, consolidation, change of control or sale of all or a portion of our assets or if we undergo bankruptcy or liquidation. The legal basis for this sharing is our legitimate interest in carrying out our business operations.


In order to comply with our legal obligations, protect our rights and those of others

We share your information, per your instructions, in order to prevent fraud or abuse to our Services, to protect your rights, to comply with our legal obligations and to protect our rights. The legal basis for this sharing is compliance with the law and our legitimate interest in the prevention of fraud, compliance with legal obligation and the protection of the rights of others.

Pursuant to your instructions: When requested, we will share or facilitate the sharing of your information with third parties pursuant to your instructions. We do not have any legal relationship with such parties. You are responsible for entering into separate contractual arrangements with such third parties binding them to comply with data protection obligations. These third party data processors are not sub-processors and we shall not bear any responsibility or liability for sharing information with such parties. The legal basis for this sharing is necessary for the performance of our contract with you.


Prevent fraud and abuse of the Services: We will share information to prevent or detect fraud or to address technical issues and if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the website infrastructure or the Services generally).

Protect your rights: We will share information in an emergency or to protect the safety of any person and if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.

Protect our rights and comply with our legal obligations: We will share information if we are legally required to do so, such as in response to court orders or legal process (e.g., a court order or subpoena), or to establish, protect, or exercise our legal rights or to defend against legal claims or demands, or to comply with requirements of mandatory applicable law. We will also share information as necessary to enforce this Privacy Policy the Terms of Use any other terms that you have agreed to, including to protect the rights, property, or safety of Cardone, its users, or any other person, or the copyright-protected content of the Services.

We also process and share information in an aggregated, de-identified manner, where the information is shared as part of a statistical report and does not contain personal information. Please see the section “Cookies and Other technologies” below for information about the technologies that we and third parties use to collect information and to learn about options in connection with these.

Sharing Information with Social Media Services: If you have given permission in connection with using the third party services for the purpose of signing in, or on your preferences set with the third party service, some information about you can be shared with social media services and with others through third party services and may be published by them or may be shared by default. You understand and agree that a third party service’s use of information collected from you (or as authorized by you) is governed by the third party service’s privacy policies and your settings on the relevant service, and that our use of such information is governed by this Privacy Policy and your Service account settings.

HOW WE PROTECT USER INFORMATION

If Cardone learns of a security systems breach, we will notify you as required by applicable law so that you can take appropriate protective steps. You agree to receive notification of the breach electronically. We endeavor to provide notice to you of any security systems breach and efforts to restore our Service as required in accordance with applicable law. If you become aware of any breach of data security or have any other questions about the security of the Cardone Service, please contact us at: legaldept@cardone.com


Where we require that you use a password to protect your information when using the Services, it is your responsibility to keep that login information secure.


We take reasonable precautions to protect your personal information. For example, when you register for my.cardone.com, your information is protected through the use of encryption and all personal information stored by us or for us is kept on a server in a secure environment. Only employees, our partners and any sub-contractors who need the information to perform a specific service are granted access to the information. All of our employees that have access to personal information are bound by confidentiality obligations. Please keep in mind that the Internet is not a 100% secure medium for communication, and we cannot guarantee that your personal information will always remain private when using the Services. While we strive to use commercially acceptable means to protect your information, we cannot ensure or warrant absolute security. Although we endeavor to provide reasonable security for your information, no security system can prevent all potential security breaches.

WHERE INFORMATION IS PROCESSED

The internet is a global environment. Using the internet to collect and process personal and health information necessarily involves the transmission of data on an international basis. This means that your information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those where you are located. Cardone is based in the United States, Canada, and Mexico. When you use our Service you consent to the processing and transfer of information in and to the United States, Canada, Mexico, and other countries. If you are a user based in the United States, Canada, or Mexico and you use the Service while you are abroad, your information may be available to law enforcement or to the government of that country. By registering for and using the Services you consent to the transfer of information to the United States, Canada, or Mexico, the use and disclosure of this information is described here, in this Privacy Policy.


WHAT CAN YOU DO ABOUT HOW WE USE YOUR INFORMATION?

Email communication: Users may opt out of receiving promotional email communication from Cardone via the "unsubscribe" link at the bottom of emails, or by sending an opt-out request to us atmarketing@cardone.comwith the word “unsubscribe” in the email subject line. We will continue to send you notifications necessary for the Services to this email address.

Deleting your account: You may request that we delete your Services account by writing us at marketing@cardone.com. If you choose to delete your account, we will begin the process of deleting your account from our systems.

Cookies and other technologies:

       Google Ads:

       To opt out of targeted advertising by Google, you can go to Google’s ad settings .

       You may also install the DoubleClick opt-out add-on. Once installed, even if you clear all your cookies and restart your browser, it will prevent the DoubleClick cookie from being saved to your browser.

       Facebook Pixel - You can control your Facebook ad preferences by visiting [https://www.facebook.com/about/ads]

       Interest based advertising generally:

       To opt out of interest based advertising or to learn more about the use of this information, you can visit the Network Advertising Initiative, (http://www.networkadvertising.org/managing/opt_out.asp) the Digital Advertising Alliance (http://www.aboutads.com/info/choices/) or in Europe - (http://www.youronlinechoices.com/uk/your-ad-choices)

       If you choose to opt out, an opt-out cookie will be placed on your computer. The opt-out cookie is browser-specific and device-specific and only lasts until cookies are cleared from your browser or device. The opt-out cookie will not work for essential cookies. If the cookie is removed or deleted, if you upgrade your browser, or if you visit us from a different computer, you will need to return to the links above to re-select your preferences.

       Please note that these actions do not opt you out of being served advertising. You will continue to receive generic ads.

       Google Analytics : You can control the information provided to Google and opt out of certain ad provided by Google by following one of the methods set forth in this link: http://www.google.com/policies/privacy/partners/ or downloading the Google Analytics opt-out browser add-on for Google Analytics which can be found here https://tools.google.com/dlpage/gaoptout/.

       LinkedIn - You can opt-out of the LinkedIn Insight Tag by clicking here: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

       MixPanel - You can opt-out of Mixpanel’s automatic retention of data collected through your browsers by clicking here https://mixpanel.com/optout/. To track opt-outs Mixpanel uses a persistent opt-out cookie placed on your devices. Mixpanel opt-out cookies will not prevent any other data collection methods. If you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers) they may also clear the Mixpanel opt-out cookies

       All cookies:

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provides information on how to accept cookies, disable cookies, or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly. Turning off the browser’s cookies will prevent web beacons from tracking your specific activity. The web beacon may still record an anonymous visit from your IP address, but unique information will not be recorded. If you do not want to receive tracking pixels, you will need to disable HTML images in your email client, and that may affect your ability to view images in other emails that you receive. You can find more information about cookies at http://www.allaboutcookies.org/.

       For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050

       For the Chrome web browser on mobile devices, please visit this page from Google: https://support.google.com/accounts/answer/32050

       For the Internet net Explorer web browser, please visit this page from Microsoft: https://support.microsoft.com/kb/278835

       For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/enUS/kb/delete-cookies-remove-info-websites-stored

       For Firefox web browser on mobile devices, please visit: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored https://support.mozilla.org/en-US/questions/982571

       For the Safari web browser, please visit this page from Apple:

https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

       For any other web browser, please visit your web browser’s official web pages.

       Browser Do Not Track. The Services do not support DNT at this time. DNT is a privacy preference you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit donottrack.us.


HOW LONG DO WE KEEP YOUR INFORMATION?

We will retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.

THIRD PARTY LINKS

Our Service may contain user links to websites other than our own. We have no control over the content, privacy policies, or practices of any third-party site. We do not assume responsibility or liability for any content, opinions, materials, or services available on them and you are subject to the policies of those third party sites where applicable. We encourage you to ask questions before disclosing any personal information. We retain the right to disable user links from the Service but make no warranties that we will do so. If you leave the Service and access a third-party site or content linked from our Service, our Privacy Policy no longer governs your transaction.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site that is not explicitly intended for that purpose without our prior written consent.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of this Privacy Policy or the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by the Privacy Policy and Terms of Use is a breach of the Privacy Policy and Terms of Use and may violate copyright, trademark, and other laws.

Our name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

If you are a copyright owner, or are authorized to act on behalf of one, and you believe materials on Cardone’s website or activities on its services infringe your rights in your copyright-protected work, please send us an appropriate notification of claimed copyright infringement that complies with 17 U.S.C. § 512 to: legaldept@cardone.com

CHILDREN

Children under the age of 13 should not attempt to use or access our Service. Further, we never collect or maintain information from our Service from those we actually know are under 13, and no part of our Services are structured to attract anyone under 13. In the event that we learn that we have collected personal information from a child under 13 without parental consent, we will delete that information as quickly as possible. Please contact us at legaldept@cardone.comfor assistance if you believe we might have any information from or about a child under 13 using our Service.

CHANGES TO OUR PRIVACY POLICY

We change this Privacy Policy from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. When we update this Privacy Policy, we will notify you by posting the revised Privacy Policy on our website and will always indicate the date the last changes were published. If changes are significant, we’ll provide a more prominent notice, including directly notifying you by email of the change. Your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the Privacy Policy, please cease using the Services.

Cardone may update or make changes to this Privacy Policy at any time. Please review it periodically. We may provide you additional notice of modification as appropriate, either through e-mail, or an updated “date,” on the Privacy Policy we post on our Services. Your continued use of our Services after any modification of the Privacy Policy will constitute your acceptance of these modifications.

HOW TO CONTACT US

If you have any questions about our Privacy Policy or Service please contact us at legaldept@cardone.com.