Modification Date: May 20, 2018
Effective Date: May 25, 2018
Please review the segment that applies to you based on where you are located geographically.
I. OUR VALUED CUSTOMERS AND VISITORS LOCATED IN THE EUROPEAN UNION
A. What Personal Data Do We Collect From You?
Personal data is information that can be used to identify you such as your name, IP address, and email address. We process personal data from you in a number of ways including:
(1) Purchases: Your name, email address, and credit card information although we use a third party known as SamCart to collect and process this data.
(2) Log in: Your name, email address, and password when you log in to your account.
(3) Customer Service: Your name, email address, and reason for contacting us.
B. What Is The Purpose of Processing Your Personal Data?
We collect the information above for the following purposes.
(1) Purchases: Your personal data is used to process payment and provide you the various online products we have including books, t-shirts, & consulting services.
(2) Log in: Your personal data is used to provide access to your account.
(3) Customer Service: Your personal data is used to evaluate your inquiry and provide you with answers.
C. What Legal Basis Do We Have For Collecting and Processing Your Information?
Websites must have a legal basis for collecting information from individuals located in the European Union. Our legal basis for each of the ways we process your data is as follows.
(1) Purchases: We process your data as part of an allowed contractual transaction.
(2) Log in: A legitimate interest exists for allowing you to access your account. We consider the processing of your login information a legitimate interest because when you seek to login, you expect us to collect information to allow you access to the system and we have a legitimate interest in allowing customers access to their accounts.
(3) Customer Service: A legitimate interest exists for providing you with answers to your questions. When you affirmatively contact us, your expectation is we will use your personal data to reply with an answer and we have a legitimate business interest in providing customers and potential customers with answers to their questions.
D. Who Has Access To The Data We Collect?
We process and access you data as described above through the help of third parties that have the digital infrastructure that we do not and without whom we would be unable to provide the Smart Podcast Player including:
- Stripe for billing your credit card;
- Drip for email and customer management;
- ClickFunnels & Leadpages custom email & marketing funnel;
- Google Analytics for site statistics so we can analyze how people use our site;
These third parties have made contractual promises to not use your personal data in any manner we do not authorize.
E. Cookies and Similar Technologies
F. How Long Do We Keep Your Data?
We keep your personal data for different periods of time depending on the reason it was gathered in the first place.
(1) Purchases: We keep your payment data via a third party process for as long as you continue to be a paid user of the products/services provided. Once this is no longer the case, we will hold your information for an additional four years as part of our tax records should an audit arise.
(2) Customer Service: We will hold customer service personal data for a period of four years which covers the statute of limitations should a legal dispute arise between you and us.
G. Your Right To Ask For Corrections, Erasure, And Other Actions
We want you to have control over your data. You have the right to see all the data we have for you, ask for the corrections to the data, ask us to erase the data, object to how we use your data, ask that the data be exported, and ask that we stop automatically processing the data in particular manners. Although we have certain rights to limit your control of data, we believe it is YOUR data so we will liberally comply with your requests whenever possible. We are not a data mining company trying to monetize your personal information. To exercise any of these rights, please contact us.
H. Your Right To Withdraw Consent
We want to emphasize that wherever we’ve asked for your consent to collect or process your personal data, you have the right to withdraw that consent. You can contact us here.
I. Do We Transfer Your Data To Third Countries?
No. We are located in the United States. Your data is collected and held here.
J. Privacy Concerns, Contacting Us, Complaints
You can contact us with any questions or requests you have about these policies or your personal data by contacting us here. If, after contacting us, you feel a privacy issue has not be resolved, you have the right to file a complaint with a Supervisory Authority such as the Data Protection Commissioner of Ireland.
Representative: Berry Pierre
Pierre Medical Consulting
6859 Hypoluxo Rd Suite 296
Lake Worth,Fl 33467
You can contact us by sending a message via our Contact Page or by sending correspondence to: Pierre Medical Consulting Inc., 6859 Hypoluxo Rd Suite 296, Lake Worth, Fl 33467
II. FOR EVERYONE REGARDLESS OF YOUR LOCATION
Personal identification information
Pierre Medical Consulting keeps track of non-personally identifiable information such as the IP address of the User’s computer, time of access, browser type and files downloaded to gather usage statistics for its web site. IP addresses are not associated with other information about a user, but only indicate general visitor navigation patterns. www.DrBerryPierre.com or www.DrPierresBlog.com website has embedded tags that allow some third party entities such as Quantcast, Google Analytics, and/or similar services to collect non-personally identifiable usage statistics.
Submission and Processing of Information
When you subscribe or sign up to the Website, www.DrBerryPierre.com or www.DrPierresBlog.com may ask you for certain personally identifiable information. This personally identifiable information may include information that can be used to identify or contact you, such as your name and email address. You must agree to the Terms of Service of this website before making any comments or leaving any reviews on any posting.
Third Party Websites
The Website may contain links to other websites. Pierre Medical Consulting is not responsible for the privacy practices of such websites. It is the User's responsibility to review the privacy policies at those websites to confirm that they are acceptable prior to use. A link does not constitute an endorsement of the content, viewpoint or accuracy of such websites.
If you have used the Website before, it is possible that www.DrBerryPierre.com or www.DrPierresBlog.com has data about you already and it is being used to contact you about offers, events, items or related activities. If you are an existing customer, www.DrBerryPierre.com or www.DrPierresBlog.com will continue to keep you informed unless you revoke your consent via the procedures set forth below. If you are a new user, www.DrBerryPierre.com or www.DrPierresBlog.com will give you the choice (for example, once you have subscribed or signed up) whether or not you want to receive emails regarding future offers, events and new services or related activities. www.DrBerryPierre.com or www.DrPierresBlog.com will not bombard you with emails, but www.DrBerryPierre.com or www.DrPierresBlog.com, with your consent, would like to keep you informed of any developments on the Website. If you have consented to receive such information, you may always revoke that consent at any time by deleting your account.
Confidentiality and Security of Personal Information
Transmission of data and information via the Website is not a secure or encrypted transmission method for sending your Personal Information, unless otherwise indicated on the Website. Accordingly, your attention is drawn to the fact that any information and personal data carried over the Internet is not secure. Personal Information may be intercepted, lost, redirected, corrupted, changed and accessed by other people.
Nevertheless, www.DrBerryPierre.com or www.DrPierresBlog.com is committed to using all reasonable efforts to protect personal Information collected through the Website against unauthorized access, use or disclosure. Consequently, we limit employees' access to Personal Information collected through the Website to only those employees who need access to the information in the performance of their official duties.
In addition, we set strict security standards to prevent any unauthorized access to your Personal Information once we have received it and wherever possible we will use adequate security software and working procedures to ensure the security of your personal data. To prevent unauthorized access, maintain accuracy, and ensure proper use of Personal Information, we have employed physical, electronic, and managerial processes to safeguard and secure the Personal Information we collect online. These measures include limiting the number of people who have physical access to www.DrBerryPierre.com or www.DrPierresBlog.com database servers, as well as electronic security systems and password protections, which guard against unauthorized access.
Data in Our Logs
When you use www.DrBerryPierre.com or www.DrPierresBlog.com or go to a webpage or use an app that has www.DrBerryPierre.com or www.DrPierresBlog.com features (like our “Share It” button), our system automatically records that information (“data in our logs”) including information that your internet browser sends whenever you search a website or your mobile application sends when you’re using it going to and from different applications. The data in our logs may also include your IP address, the address of the most recent web pages you’ve visited that had www.DrBerryPierre.com or www.DrPierresBlog.com features, browser type and settings, the date and time of your request, how you used www.DrBerryPierre.com or www.DrPierresBlog.com, and cookie data.
Disclosure of Personal Information
We may disclose your Personal Information to any member of our group, which means our subsidiaries and our ultimate holding company and its subsidiaries. We may disclose your Personal Information to third parties if you have consented to such disclosure. In addition, we may disclose or provide access to your Personal Information to third parties without your consent:
if we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets;
if www.DrBerryPierre.com or www.DrPierresBlog.com or substantially all of its assets are acquired by a third party, in which case Personal Information held by it about its customers will, in most instances, be one of the transferred assets;
if we ask a third party to carry out data analysis, cleansing and/or market research on our behalf; for the purpose of validating the identity of the user and/or conducting background checks; or
if we have a good faith belief that we are under a duty to disclose or share your personal data in
order to comply with any legal obligation (such as in connection with a law enforcement request, judicial proceeding, court order or legal process), or in order to enforce or apply our policy or to protect the rights, property, or safety of www.DrBerryPierre.com or www.DrPierresBlog.com, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Children's Online Privacy
It is important to Pierre Medical Consulting that parents and guardians have control over what information is collected from their children online and how such information is or may be used. The Children's Online Privacy Protection Act of 1998 (“COPPA”) imposes restrictions on commercial websites, including ours. It is our policy to be compliant with the requirements of COPPA and not to solicit or collect information about or from children age 13 and under.
Beyond the requirements of COPPA, we require that individuals be age 18 or over to register as a member of the Service and thus it is our policy not to solicit or collect information about or from anyone under the age of 18. Users are cautioned, however, that absent a clear indication an online communication has been submitted by a person under age 18, the collection of Personal Information submitted to the Website will be treated as though it was submitted by an adult, and may, unless exempted from access by federal or state law, be subject to public access.
In the event that www.DrBerryPierre.com or www.DrPierresBlog.com receives an online communication clearly indicating that a person under the age of 18 has submitted it, under no circumstances will any Personal Information be published on the Website, be used for a purpose not intended by its sender or shared with third parties. If you or your company would like more information about COPPA, please visit the Federal Trade Commission's official COPPA page at www.ftc.gov.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service provider’s utilized and other similar information.
Web browser cookies
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing.
These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Use of Location Based-Services
Pierre Medical Consulting and its partners and licensors may provide certain features or services through the Service that rely upon device-based location information. To provide such features or services, where available, Pierre Medical Consulting and its partners and licensors may collect, use, transmit, process and maintain your location data, including the real-time geographic location of your device, and you hereby agree and consent to Pierre Medical Consulting‘s and its partners' and licensors' collection, use, transmission, processing and maintenance of such location data to provide such services. In addition, by enabling and/or using any location-based services or features within the Service, you agree and consent to Pierre Medical Consulting collecting, using, processing and maintaining information related to your account, and any devices registered thereunder, for purposes of providing such location-based service or feature to you. Such information may include, but is not limited to, your device ID and name, device type and real-time geographic location of your device at time of your request. You may withdraw this consent at any time by not using the location-based features on your device. When using third party services that use or
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer.
If we ever send you information by email concerning new products, services or information that you did not expressly request, we will provide you with an email address by which you may request no further notices.
Compliance with children’s online privacy protection act
Pierre Medical Consulting understands Google along with all other web browsers must adhere to any and all laws, of any and all States with the United States and abroad when anyone under the age of 18 years old is involved. www.DrBerryPierre.com or www.DrPierresBlog.com is law compliant. www.DrBerryPierre.com or www.DrPierresBlog.com does not hire children to perform any work on this web property or for the company itself. Children are not allowed to peruse, join, read, write or co-join this website.
Children is defined as a person under the age of 18 years age, no matter if they are emancipated or not, or they are the ward of court jurisdictions. Children are not allowed to contract, therefore, may not purchase services and or products from www.DrBerryPierre.com or www.DrPierresBlog.com.
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.
We collect your email address in order to:
• Send information; respond to inquiries, and/or other requests or questions.
• Process orders and to send information and updates pertaining to orders
• We may also send you additional information related to your product and/or service.
• Market to our mailing list or continue to send emails to our clients after the original transaction has
To be in accordance with CANSPAM we agree to the following:
• NOT use false or misleading subjects or email addresses
• Identify the message 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 by using the link at the bottom of each email
Fair Information Practices
The Fair Information Practices Principles 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 Fair Information Practice Principles 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 Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
• Within 7 business days
We will notify the users via in site notification
• Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only those individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non- compliance by data processors.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and Terms of Service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Pierre Medical Consulting welcomes your questions or comments regarding this Statement of Privacy. If you believe that Pierre Medical Consulting has not adhered to this Statement, please contact us at:
6856 Hypoluxo Rd Suite 296
Lake Worth, Fl 33463 [email protected]