Last Updated: September 19th, 2023
This Policy generally applies to the information that Positional processes. However, this Policy is subordinate to any specific terms and conditions set forth in any contract for services or other agreement you may have with Positional relating to a service or data.
Further, this Policy applies only to information Positional processes. This Policy does not apply to information collected by Positional’s business partners, who may have their own privacy policies that apply to you. The information you provide to such companies is subject to such companies’ policies. It is our policy, however, to treat all Personal Information received from our business partners with the same or greater care that they use.
1. What information does Positional collect?
Positional generally collects what can be described as Personal Information and Non-Personal Information. We collect this information (1) automatically when you visit our website, (2) when you provide it to us, (3) when you purchase or inquire of our goods or services, (4) when you work with our business partners.
“Personal Information” is information that can individually or collectively be used to identify, locate, or contact you, a natural person, as well as any other information about you that we may connect with Personal Information. For example, Personal Information that we collect may include, but is not limited to:
- Contact information such as your name, email address, phone number, physical address, username, and password;
- Demographic information, such as your type of employment, job title, and place of employment;
- Relationship information such as your preferences or potential interest in Positional goods and services;
- Behavioral information such as purchases, services requested, customer service inquiries, session data, customer account activity, other customer account information, your IP Address, and information about your use of our site; and
- Financial information such as credit card or banking information, among other information.
“Non-Personal Information,” on the other hand, is information that does not identify you as a natural person and is not identifiable to you as a natural person. For example, Non-Personal Information that we collect includes:
- Cookies and other similar tracking technologies processed in a non-identifiable way;
- Information we anonymize by rendering it unidentifiable to a natural person;
- Information we aggregate by combining it with other data in such a way that no natural person can be identified or linked to any specific information; and
- The name, form, contact details, relationship information, transaction history, or financial information of legal persons. By “legal persons,” we refer to legal, business entities other than natural persons, such as corporations, limited liability companies, non-profit organizations, and other business entities.
2. Why does Positional collect this information?
Positional collects and processes Personal Information for a variety of purposes depending on the information being processed. Positional processes Personal Information to perform under its contractual obligations to you, providing its goods and services and processing information as may be necessary to support you in their use. Positional also processes Personal Information given its legitimate interest in improving its goods and services, enhancing customer experience, and identifying and marketing goods or services that may be of interest to you. Finally, Positional may process Personal Information as may be necessary to comply with a legal obligation.
- To oversee and complete transactions with Positional customers;
- To provide, maintain, support, and/or improve goods and services of Positional and/or third parties using Positional’s goods and services;
- To set up and maintain your customer account and allow you to interact with Positional and/or third parties using Positional’s goods and services;
- To provide you with customer service by resolving disputes, addressing complaints, and troubleshooting any technical problems encountered;
- To measure and understand the effectiveness of goods and services of Positional and/or of third parties using Positional’s goods and services;
- To comply with applicable laws and regulations;
- To protect against fraud and abuse; and
- To communicate offers for goods and services, including offers based on your interests and purchase of goods and services, to personalize content and/or ads, to measure effectiveness of ads and/or other marketing activities, to administer promotional events, and to engage in other marketing activities that may be of interest to you. Please note that we will provide you the opportunity to opt out of direct marketing communications or market research inquiries, but we will still need to gather certain Personal Information as necessary to provide our goods and services to you.
If we would like to process your Personal Information for any other purpose, we will disclose this to you at the time it is collected and may request your express consent.
With respect to Non-Personal Information, because this information does not identify a natural person, Positional may use and process it for any purpose. Positional expressly reserves the right to use anonymized or aggregated information to improve or develop its goods and services, create and publish reports, conduct statistical analyses about customer interest, monitor industry trends, and otherwise engage in activities that do not result in the disclosure of identifiable information.
To be clear, Positional is committed to respecting its customers’ privacy and will only process your Personal Information for the reasons disclosed herein or as requested at the time of collection and then only in the context of your customer relationship with Positional. Positional will not sell, rent, or lease your Personal Information to others.
3. Will Positional share this information with third parties?
To provide certain services, Positional may have to share information with third parties who use our goods and services or provide goods or services to us, such as our customers, service providers, vendors, or operators of software used in our services.
We will maintain controls and oversight appropriate to ensure that any third party who we engage to assist us in processing your Personal Information will only have access to the Personal Information necessary for it to perform specific, designated tasks on our behalf, will only use the information for this purpose and will protect your Personal Information to at least the same extent that we do. Please note, however, that this Policy applies only to information that we process and share with others—it does not apply to Personal Information that you share with third parties.
Positional may also share information to comply with our legal obligations, such as responding to lawful requests from government or judicial entities. In the event we are asked to disclose your Personal Information, we will attempt to validate the request and inform you of it prior to disclosure.
Finally, Positional may disclose Personal Information where needed as part of a sale or transfer of our assets, enforce our rights, protect our property, or protect the rights, property, or safety of others, or as is needed to support external auditing, compliance, and governance functions.
If Positional needs to share your Personal Information for a purpose not identified here, we will obtain your consent before doing so and will disclose this purpose at the time of obtaining your consent. For example, Positional may wish to use your information in demonstrations or other marketing materials and, if so, will contact you before doing so.
4. Data Transfers
Positional maintains servers in various geographical locations and your information may be processed on servers located outside of the country or state where you live. Data protection laws vary among countries and states, with some providing more protection than others. Generally speaking, regardless of where your information is processed, we apply the same protections described herein.
5. How long will Positional keep my information?
Positional keeps different kinds of information for different lengths of time depending on the purpose for which it is processing the information and depending upon your specific situation. In any event, Positional will retain your Personal Information as long as necessary to accomplish the relevant purpose, but no longer.
6. How does Positional keep my information secure?
Taking into account the nature of the information gathered, Positional maintains administrative, technical, and physical controls that are designed to safeguard Personal Information.
7. What are my choices with respect to my information?
Your first choice is always to limit the information you provide. You may also opt out of certain marketing information by visiting our website and communicating your choices to us, or by clicking “unsubscribe” at the bottom of marketing emails you might receive.
Regarding cookies and other tracking technologies, you can manage these by adjusting the settings on your browser, commonly referred to as the browser’s “Do Not Track” settings. All browsers are different, so you may need to visit the “help” section of your browser to learn more about cookie preferences and other privacy settings that may be available. You can also manage how your mobile device and mobile browser share location information with Positional, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device's privacy and security settings. Please refer to the instructions provided by your mobile service provider or the manufacturer of your device to learn more. In general, Positional will comply with your browser’s “Do Not Track” settings.
Positional complies with applicable law regarding your ability to access, correct, and delete your identifiable information. If you have an online account, you may be able to log into your account to access and update certain information provided. For identifiable information that is not linked to an online account, please contact us directly.
Positional does not intend to collect Personal Information from children aged 16 and under. If you believe a child is providing us Personal Information, please contact us directly so we may investigate and delete it.
For assistance with exercising your choices, or if you have any questions about your choices, please contact us.
8. For EU residents:
The General Data Protection Regulation (“GDPR”), particularly Articles 15 to 21, affords you a number of rights as a data subject. We encourage you to read and learn about those rights on your own, but the following will help you to begin to understand those rights.
- Access: This allows you to request from us information about your Personal Information, including what data we have and how and why it is being processed.
- Rectification: In the event that some or all of the Personal Information that we have concerning you is inaccurate, this gives you the right to have those inaccuracies rectified.
- Erasure: In some cases, you may have the right to request that we erase your Personal Information in our possession.
- Restriction of Processing: This gives you the right, in some circumstances, to have us process your Personal Information only with your consent.
- Objection to Processing: Where we are processing your Personal Information on the grounds of its legitimate interests, or to carry out tasks in the public interest or to exercise official authority, you have a right to object to the processing on grounds relating to your particular situation. In cases where you object to our processing of your personal data for direct marketing purposes, the processing will cease.
- Data Portability: This allows you to request a copy of your Personal Information that it has on file and to transfer that information to someone else without any interference from us. In some cases, you may be able to request that we transfer your personal information directly to a third party on your behalf.
In addition, to the extent that we process any of your Personal Information on the basis of your consent, you have the right to withdraw that consent at any time without affecting the lawfulness of the processing that was based on your consent before its withdrawal.
If you are a natural person residing in the EU and at any time you believe we have violated one of your rights listed above, or if you believe we are in violation of one or more of the provisions of the GDPR, you have the right to lodge a complaint with a Data Protection Authority. More information about the Data Protection Authorities can be found at https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en.
9. For California residents:
This notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.
The California Consumer Privacy Act (the “CCPA”) affords those who reside in the State of California certain rights as a data subject. If you are a resident of the State of California, we encourage you to read and learn about those rights on your own, but the following will help you to begin to understand them:
- Access: You have the right to request that we disclose certain information to you about our collection and use of your Personal Information.
- Erasure: In some cases, you may have the right to request that we erase your Personal Information in our possession.
- Data Portability: This allows you to request a copy of your Personal Information that we may have and transfer that information to someone else without any interference from us. In some cases, you may be able to request that we transfer your Personal Information directly to a third party on your behalf.
- The CCPA further provides California residents the right to direct us not to sell your personal information. WE DO NOT SELL YOUR PERSONAL INFORMATION.
We will not discriminate against you for exercising any of your CCPA rights.
The categories of Personal Information that Positional collects from California residents are described in Section 1, above, and include contact information, relationship information, transactional information, and financial information. The purposes for which Positional collects this Personal Information is described in Section 2, above, and includes fulfilling orders; operating, delivering, maintaining, and otherwise providing the Positional goods and services you request; supporting Positional goods and services; setting up and maintaining your customer account and allowing you to interact with Positional online; providing you with customer service by resolving disputes, addressing complaints, and troubleshooting problems encountered; measuring and understanding the effectiveness of Positional goods and services; improving Positional goods and services; complying with applicable laws and regulations; and engaging in marketing activities (subject to your right to opt out of such marketing activities).
In addition, California’s “Shine the Light” law permits you to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.
To make a request regarding any of these rights or to ask questions or provide comments about this Privacy Notice for California Residents, please contact us.
It is our policy to post any changes to this Privacy Notice on this page. We may or may not contact you directly concerning significant changes. We encourage you to visit this page periodically and check for changes. To the extent permitted by law, your continued use of our services after a change is deemed to be your consent to any such change.
10. For international residents:
Positional is headquartered in the United States of America. It and its authorized processors may transfer your Personal Information to the United States of America and access it from the United States of America for the purposes described in this Policy. Positional protects the privacy and security of Personal Information in the manner described in this Policy regardless of where it is collected, stored, accessed, or otherwise Processed.
11. Does this Policy ever change?
Positional may post changes to this Policy on this page. Please refer to the “last updated” date above. We may or may not contact you directly concerning significant changes, and therefore we encourage you to visit this page periodically and check. By using Positional’s services or purchasing its goods after a change to this Policy, you are deemed to consent to any changes.
12. What if I have questions?
If you have any questions about this Policy or our information security and data privacy practices generally, or if you wish to provide comments or exercise any of your rights with respect to your personal information as identified above, please contact us at email@example.com.