Privacy Policy
1. INTRODUCTION
This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.profitablehr.com and all of our web-based applications, tools, and platforms that you have subscribed to through our website or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via https://www.profitablehr.com or another designated URL, and any ancillary products and services, including website hosting, that we provide to you. By providing us with your data, you warrant to us that you are over 13 years of age. ProfitableHR.com is the data controller and we are responsible for your “personal data” (referred to as “we”, “us” or “our” in this privacy notice). We have appointed a Data Protection Officer who is in charge of privacy-related matters for us. If you have any questions about this privacy notice, please contact the Data Protection Officer using the details set out below.
Contact Details Our full details are:
Profitable HR is a division of Envision Resource Group, Inc.
Bob Grizzle, CEO
701 Prairie Ave, Cleburne, TX 76033
Phone: 844-385-1906
Email Address: consulting@profitablehr.com
The information we hold about you must be accurate and up to date. Please let us know if at any time your information changes by emailing us at consulting@profitablehr.com
2. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE, AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymized data. We may process the following categories of personal data about you:
Communication Data includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting, or any other communication that you send us. We process this data to communicate with you, for record-keeping, and the establishment, pursuance, or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records, and to establish, pursue or defend legal claims.
Customer Data includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, and contact details. THIS WEBSITE WILL NEVER REQUEST CREDIT CARDS OR OTHER PAYMENT INFORMATION FROM YOU. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
Payment Data – We do not store credit card details, nor do we share financial details with any 3rd parties. User Data includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain the backups of our website and/or databases, and to enable publication and administration of our website, other online services, and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you, and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and decide our marketing strategy.
Marketing Data includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws, and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business, and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data, and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interest which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
Sensitive Data – We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data. We do not collect any information about criminal convictions and offenses. We require your explicit consent for processing sensitive data, so when you submit your details, we will send you a further communication asking for you to confirm your consent to this processing. Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at CONSULTING@PROFITABLEHR.COM. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing. We may process your data without your knowledge or consent where this is required or permitted by law. We do not carry out automated decision-making or any type of automated profiling.
3. HOW WE COLLECT YOUR DATA
We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details about this Cookie Policy. We may receive data from third parties such as analytics providers such as Google, advertising networks such as Facebook or LinkedIn, such as search information providers such as Google.
4. MARKETING COMMUNICATIONS
Our lawful ground of processing your data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business). We will never sell your data or transfer it to a third party of any kind. You can ask us or third parties to stop sending you marketing messages at any time by (i) logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences (ii) by following the opt-out links on any marketing message sent to you or (iii) by emailing us at CONSULTING@PROFITABLEHR.COM at any time.
If you opt-out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations, etc.
5. DISCLOSURES OF YOUR DATA
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Account
To access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USIN.G THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, ANDTRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Electronic Communication
When you use this Site or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures, and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
User Content
This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics, or code on the Sites (“User Content”). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit to make a purchase. You agree that you are solely responsible for your User Content and your use of Interactive Features and that you use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following: User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law· ,User Content that displays describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate, or harmful to Us or any user or consumer; User Content that may impinge upon or violate the publicity, privacy, or data protection rights of others, including pictures, videos, images, or information about another individual where you have not obtained such individual’s consent; User Content that makes false or misleading statements, claims, or depictions about a person, company, product, or service; User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and Viruses, malware of any kind, corrupted data, or other harmful, disruptive, or destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, on this Site, or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and third -party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title, and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Feedback
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials, and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to): Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms; Remove any copyright, trademark, or other proprietary rights notice contained in or on the Site; Use any robot, spider, site search/retrieval application, or other devices to retrieve or index any portion of this Site; Collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users; Reformat or frame any portion of any Web pages that are part of this Site; Create user accounts by automated means or under false or fraudulent pretenses; Create or transmit to other users unsolicited electronic communications, such as “spam;’ or otherwise interfere with other user’s enjoyment of the Site; Submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us; Transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb, or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user; Use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes); submit to this Site any content that is unlawful or facilitates, constitutes, promotes, or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene; Copy or store any User Content offered on this Site other than for your personal, non-commercial use; Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or Use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal, or international law. We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
Ownership
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to confuse anyone. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets, or other proprietary rights.
Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site, and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers, and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities, and expenses (collectively, ” Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that We shall have the right to control the defense or settlement of any third-party Claims.
Disclaimers
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site is provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties, or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, AND DUTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Site is accurate, complete, reliable, current, or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.
Dispute Resolution Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or Us (individual, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party or the other.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary procedures for Consumer-Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or on line. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Johnson County, TX Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Johnson County, TX and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non convenient concerning venue and jurisdiction in such state and federal courts. Application of the United Nations Convent ion on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded f rom these Terms of Use. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitration any Dispute falling within that port ion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree t hat any arbitration shall be limited to the Dispute between the Parties individually. To the full extent per mined by the law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party Any dispute related to or arising from, allegations of t heft, piracy, invasion of privacy, or unauthorized use Any claim for injunctive relief If t his provision is found to be illegal or unenforceable, then neither Party will elect to arbitration any Dispute falling within that port ion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions there of without prior notice.
Corrections
There may be information on the Site that contains typographic errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
No Third-Party Beneficiaries
These Terms are for the benefit of and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding the use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable, or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found here, and any notices regarding the Site.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by telephone at (800) 952-5210 or (91 6) 445-1254 or in writing at: 1625 North Market Blvd., Suite N 112 Sacramento, California 95834
Questions
Quest ions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at Consulting@ProfitableHR.com This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.profitablehr.com and all of our web-based applications, tools, and platforms that you have subscribed to through our website or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via https://www.profitablehr.com or another designated URL, and any ancillary products and services, including website hosting, that we provide to you. By providing us with your data, you warrant to us that you are over 13 years of age. ProfitableHR.com is the data controller and we are responsible for your “personal data” (referred to as “we”, “us” or “our” in this privacy notice). We have appointed a Data Protection Officer