PIVOT IMAGE CONSULTING, LLC
PRIVACY & COOKIE POLICY
Last Revised: September 24, 2020
1. INTRODUCTION
Your privacy and security of your personal information are very important to us. This Privacy & Cookie Policy describes how we, Pivot Image Consulting, LLC, a limited liability company governed by the laws of the State of Arizona, USA (the “Company,” "we," “our,” or "us"), collect, store, use, and disclose personal information (as defined below) of users of our www.pivotimage.com website (“Website”) and any consulting service associated with it (“Service”).
We aim to limit our collection of personal information to only such personal information as required for legitimate purposes. We take appropriate security measures to protect your personal information and require this from third parties that process personal information of the Website users on our behalf. We respect your right to access your personal information or have it corrected or deleted, at your request. If you have any questions, or want to know exactly what personal information we keep about you, please contact us. All capitalized terms not defined herein are defined in our Terms of Service.
We may amend this Privacy & Cookie Policy from time to time with a prior notice to you, by posting a revised version of the Privacy & Cookie Policy on the Website and/or sending an email notification. By using or continuing to use the Website, you acknowledge that you accept the practices and policies outlined in this Privacy & Cookie Policy and you hereby consent that we will collect, store, use, and disclose your personal information in the following ways. If you do not agree with any practice in this Privacy & Cookie Policy, please stop using the Website.
2. PERSONAL INFORMATION COLLECTED THROUGH WEBSITE
“Personal information” is any information which is related to an identified or identifiable natural person. We do not collect any personal information about you when you visit our Website unless you book one of our Services. When you book a Service, we will collect the following personal information from you: full name, phone number, email address, age, occupation, city you are located in, eye color, hair color, height, weight, and any other personal information you decide to share with us voluntarily.
3. NON-PERSONAL OR AGGREGATE INFORMATION WE MAY COLLECT
We, or any third party that helps us provide the Website, may collect data which is non-personal, anonymous and pseudonymous. When you visit the Website, the following data is automatically collected and stored by trusted service providers we partner with:
The IP address, from which you access the Internet;
The date and time when you access the Website;
The pages you visited (recorded by the text and graphics files that compose the page).
Moreover, when you book a Service, the Company will collect the following non-personal information from you: waist size in pants, inseam length in pants, common items that you wear, brands you like wearing, where you normally shop for clothing, hobbies and interests, shopping budget, how you heard about the Company, sharable link to your Dropbox/Google Drive folder with your photos, relationship status, income range, and other non-personal information you decide to share with us voluntarily.
4. INFORMATION USAGE
We only use information about you to support your experience throughout the Website or to communicate with you about the Website or Services we offer. In particular, we collect information about you to:
better assist you while performing our Services;
respond to your inquiries or requests;
conduct market research;
allow our partners and third party vendors (including payment processing, marketing and shipping companies) to help us run our business smoothly;
market Services and products through third-party services such as Facebook;
investigate suspected fraud or any violation of our Terms of Service or our Privacy & Cookie Policy;
analyze non-personal or aggregate information for Website improvement;
transfer information in connection with the sale or merger or change of control of the Company.
We reserve the right to use and disclose non-personal information and anonymous aggregate statistics for any purpose and to any third party at our sole discretion.
5. FEEDBACK
If you leave any creative idea, suggestion, testimonial, feedback, or proposals (collectively “Feedback”) via the whether online on the Website, by email, by postal mail, or otherwise, you assign to the Company all rights in the Feedback and agree that the Company shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
6. YOUR FINANCIAL INFORMATION & PAYMENT PROCESSING
Stripe, PayPal, and Intuit Quickbooks (“Payment Processor(s)”) are trusted service providers we work with; they process invoices and payments on our behalf. When you book a Service, we will not store or collect your payment card details (except the last four digits of your payment card and expiration date). The full payment information is provided directly to a Payment Processor, whose use of your personal information is governed by its own privacy policy.
7. WHEN WE MAY SHARE YOUR INFORMATION
We do not sell, rent or lease personal information of Website users to third parties, however, we may use third-party consultants, tools, or software for conducting statistical analysis of aggregated, non-personal information. Such information does not identify you individually.
We keep all collected information confidential except where disclosure is enforced or required by law, or as part of the requirement to protect our rights and intellectual properties. Specifically, the Company may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with a legal process served on the Company; (b) protect and defend the rights or property of the Company; and/or (c) act under exigent circumstances to protect the personal safety of users of the Website, or the public.
8. BUSINESS TRANSFERS
We may sell, transfer or otherwise share some or all of our assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
9. COOKIES POLICY
This Cookie Policy provides information about our use of cookies in connection with your use of and interaction with our Website.
A “cookie” is a small piece of data sent along with pages of a website and stored by the user's web browser on the user's computer or mobile device. Cookies were designed to be a reliable mechanism for websites to remember certain information (such as items added in a shopping cart) or to record a user's browsing activity (including clicking particular buttons, logging in, or recording which pages were visited in the past). Cookies are intended to help you access a website faster and more efficiently, because they can store information to help you enter a website without having to log in. In effect, cookies tell the website that your browser has been to the website before. It does not need to know your exact identity. Cookies can also be used to remember arbitrary pieces of information that the user previously entered into form fields such as names, addresses, passwords, and credit card numbers.
Browsers may accept or reject cookies automatically but allow you to change these settings. The help menu on most browsers will tell you how to change your browser’s settings and how to have the browser notify you when you receive a new cookie, and how to disable cookies all together. You can also disable or delete cookies you have previously accepted if you wish to.
Like many other websites, we also use cookies on our Website. Different cookies have different purposes. We use cookies to make navigation easier and analyze your usage of our Website (including, your preferences). You do have the right to opt-out and to object against the further use of any cookies. However if you do so, please keep in mind that our Website may no longer work properly for you.
By using the Website, you agree that we may install cookies listed below:
Type of cookie:
Cookies necessary for essential website purposes
These cookies are essential to provide you with the Website and any Service available through this Website and to use some of its features, such as access to secure areas. Without these cookies, Services you have asked for, like transactional pages would not be possible.
Functionality Cookies
Functionality cookies record information about choices you’ve made and allow us to tailor the Website to you. These cookies mean that when you continue to use or come back to the website, we can provide you with our services as you have asked for them to be provided.
These cookies allow us to:
Save your location preference if you have set your location on your homepage, if applicable, in order to receive a local weather forecast;
Remember settings you have applied, such as layout, text size, preferences, and colors; and
Store accessibility options.
Performance Cookies
We use performance/analytics cookies to analyze how the Website is accessed, used, or is performing in order to provide you with a better user experience and to maintain, operate and continually improve the Website .
We use Google Analytics and Facebook Pixel. These cookies allow us to:
Better understand our visitors so that we can improve how we present our content;
Test different design ideas for particular pages, such as our homepage;
Collect information about the Website visitors such as where they are located and what browsers they are using;
Determine the number of unique users of the Website;
Improve the Website by measuring any errors that occur; and
Conduct research and diagnostics to improve product or service offerings.
Advertising and Targeting Cookies
As you use the Website, you will notice that it features advertising. We allow third party companies, including advertising companies, to place cookies on the Website.
These cookies enable such companies to track your activity across various sites where they display ads and record your activities so they can show ads that they consider relevant to you as you browse the Internet.
Cookies also allow us and third parties to know whether you have seen an ad or a type of ad, and how long it has been since you’ve last seen it. This information is used for frequency capping purposes, to help tailor the ads you see, and to measure the effectiveness of ads.
We can use information from one device to help personalize your experience on another device.
Social Media Cookies
On some pages of the Website, third parties that provide applications through the Website will set their own cookies in order to track the success of their applications or customize applications for you. Because of how cookies work, we cannot access these cookies, nor can the third parties access the data in cookies used by us. Some pages of the Website will also contain embedded content, such as video content from YouTube, and these sites will set their own cookies.
These cookies are used when you share an article using a social media sharing button on our Website (e.g., Facebook, Twitter, LinkedIn, Reddit, Tumblr, or Pinterest) as the social network that has created the button will record that you have done this. If you are logged in to your account with the third party, the third party will be able to link information about you with your actions via cookies.
In addition to the cookies we use on this Website, we also use cookies and similar technologies in some emails and push notifications which enable us to understand whether you have opened the email and how you have interacted with it. If you have enabled images, cookies will also be set on your computer or mobile device and will also be set if you click on any link within the email.
10. DATA STORAGE
Data (including personal information) submitted to the Company is hosted and stored in a secure, multi-tenant environment. By submitting personal information, you agree to its transfer, storage or processing in the United States. Please keep in mind that the data protection and privacy laws of the United States may not be as comprehensive as the laws in your country. For example, personal data transferred to the United States may be subject to lawful access requests by federal and state authorities in the United States. By providing your personal information, you consent to any transfer of your data and processing in accordance with this Privacy & Cookie Policy.
11. SECURITY
The security of your information is very important to us. We apply all reasonable security measures and comply with the industry standards to protect your personal information (including, preventing the loss, misuse, unauthorized access, disclosure, alteration and destruction of your personal information). Notably, on our end, access to the Website’s database with your personal information is held behind administrative logins and managed, controlled and limited to authorized website administrators and support technicians only.
Please be aware, however, that despite our efforts, no security measures are impenetrable. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal information, we cannot ensure and do not warrant the security of any information you transmit to us.
When you use your login credentials on our Website, you are solely responsible for keeping them confidential. Do not share them with anyone. If you believe your password has been misused, please contact us immediately. You are also responsible for the security of your personal devices and for making sure they are protected against unauthorized access.
12. WE DO NOT RESPOND TO DO NOT TRACK SIGNALS
Our Website does not respond to and does not support the Do Not Track (DNT) header request field. If you turn DNT on in your browser, those preferences will not be communicated to us in the HTTP request header, and we will continue tracking your browsing behavior.
13. MINORS (CHILDREN) POLICY: MINIMUM AGE REQUIREMENT
We comply with the strictest laws that protect privacy of minors. Therefore, in order to use the Website or Book a Service you must be at least at the age of majority in your state or province of residence.
We do not knowingly collect or solicit personal information from anyone who is below the age of majority. If you have not reached the age of majority in your state or province of residence, please do not send or share any information about yourself to us, including your name, phone number, or email address. In the event that we learn that we have collected personal information from an individual under the age of majority, we will delete such information as quickly as possible.
14. LINKS TO OTHER THIRD PARTY WEBSITES
The Website may contain links to third party websites. We have no control over such websites and are not responsible for the content of these websites. This Privacy & Cookie Policy does not extend to your use of such websites. You are advised to read the privacy policies or statements of other websites prior to using them.
14a. Affiliate Commission Disclaimer
Some product examples and hyperlinks may contain affiliate links. At no additional cost to you, Pivot Image Consulting may be compensated when you purchase products through these links. As an Amazon Associate I earn from qualifying purchases. However, no product recommended during consulting services is ever the result of paid placement.
15. YOUR RIGHTS UNDER CCPA
The California Consumer Privacy Act (“CCPA”) is a state-wide data privacy law that regulates how businesses all over the world are allowed to handle the personal information of California residents. CCPA provides California residents with five core rights to data privacy and an effective way to control their personal information.
If you are a California resident, you have the following rights with regard to your personal information:
1. the right to know what personal information is being collected about you.
2. the right to know whether your personal information is sold or disclosed and to whom.
3. the right to say no to the sale of personal information (“the right to opt out”); we have created a Do Not Sell My Personal Information webpage that provides you with more details on this matter.
4. the right to access your personal information (under CCPA, a business may provide personal information to a consumer at any time, but shall not be required to provide personal information to a consumer more than twice in a 12-month period);
5. the right to equal service and price, even if you exercise your privacy rights.
Additionally, a California consumer has the right to request that a business delete any personal information about the consumer which the business has collected from the consumer. However, a business or a service provider shall not be required to comply with a consumer’s request to delete the consumer’s personal information if it is necessary for the business or service provider to maintain the consumer’s personal information in order to:
complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer;
detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
debug to identify and repair errors that impair existing intended functionality;
exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent;
enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business;
comply with a legal obligation;
otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.
Conflict resolution under CCPA: Prior to initiating any action against a business for statutory damages on an individual or class-wide basis, a California consumer shall provide a business 30 days’ written notice identifying the specific provisions of this title the consumer alleges have been or are being violated. In the event a cure is possible, if within the thirty (30) days the business actually cures the noticed violation and provides the consumer an express written statement that the violations have been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the business. Contact us should you need to exercise any of your rights under CCPA.
16. YOUR RIGHTS UNDER GDPR
The European General Data Protection Regulation (“GDPR”) is a regulation in EU law on data protection and privacy for all individuals accessing websites from the European Union and the European Economic Area. It also addresses the transfer of personal data outside the EU and EEA areas. Our collection, processing and protecting of personal information of those who access the Website from a European country, is compliant with GDPR.
If you are accessing and using the Website from the European Union and the European Economic Area, you have the following rights with regard to your personal information:
the right to be informed about what kind of information about you is collected, stored, processed and disclosed by us (that is why we have compiled this Privacy & Cookie Policy for you);
the right of access (you can request us to provide you verbally or in writing the type of information we store about you and we have a month to respond to your request);
the right to rectify (amend/correct) any personal information about you that is inaccurate;
the right to erasure (some conditions apply, see Data Retention section below);
the right to restrict processing your personal information, however, if you restrict us from processing a part of your personal information that is essential to our provision of the Service, you may be asked to stop using the Website and/or the Service;
the right to data portability (the right to data portability allows users of the Website to obtain and reuse their personal information for their own purposes across different services; you may request us to transmit your personal information directly from our servers to another company’s servers and we will do so if it is technically feasible);
the right to object (for example, you have an absolute right to stop us from using your personal information for direct marketing - read our opt-out instructions below; you may express your objection verbally or in writing and we have a month to respond to any such objection; we might still continue processing your personal information if we are able to show that we have a compelling reason for doing so);
the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or that affects you significantly.
We represent and warrant that your personal information is:
processed lawfully, fairly and transparently;
collected only for specific legitimate purposes;
collection of personal data is adequate, relevant and limited to what is necessary;
accurate and kept up to date (with your help);
stored only as long as is necessary; and
is secure and kept in confidence.
Data Retention: Generally, your personal information will be erased when (i) it is no longer needed for its original processing purpose, (ii) you withdraw your consent for us to store by deleting your account, (iii) there is no preferential justified reason for the processing of your personal information and you object to our processing of your personal information, or (iv) erasure of your personal information is required in order to fulfil a statutory obligation under the EU law or the right of the EU Member States. Therefore, we will make sure your personal information will be erased under all of the above-mentioned circumstances. You may request us to erase your personal information verbally or in writing and we have one (1) month to respond to any such request.
Data Breach Notification: Should there be a personal data breach leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed, we will notify you and appropriate supervisory authority without undue delay and, where feasible, not later than seventy-two (72) hours after having become aware of it.
17. YOUR RIGHTS UNDER LGPD
Lei Geral de Proteção de Dados (“LGPD”) is the Brazilian general data protection law, which applies to businesses that process the personal data of users located in Brazil. LGPD establishes rules on collecting, handling, storing and sharing of personal data managed by organizations.
According to the article 18 of LGPD, individuals have the following nine rights over their data processing:
1. The right to receive a confirmation about processing of their personal data;
2. The right to access their personal data;
3. The right to correct incomplete, inaccurate or out-of-date personal data;
4. The right to anonymize, block or delete unnecessary or excessive data or data processed in noncompliance with the provisions of LGPD;
5. The right of portability of the data to another service or product provider, by means of an express request and subject to commercial and industrial secrecy, pursuant to the regulation of the controlling agency;
6. The right to delete their personal data;
7. The right to know who their data is being shared with (e.g., third parties, sub-processors, public, and private entities);
8. The right to know how to deny consent and what would be the consequences of denying consent to collect personal data; and
9. The right to revoke consent.
If you are located in Brazil, you may exercise any of the above rights by contacting the Company’s DPO, whose contact email you will find at the bottom of this Privacy & Cookie Policy.
18. EMAIL MARKETING OPT-OUT OPTION
You may receive updates, newsletters, surveys, offers, ads and other promotional materials from us via your email. You may indicate a preference to stop receiving further communications or notifications from us by following the unsubscribe link provided in the email you receive or by contacting us directly. Despite your indicated preferences, we may send you service related communication, including notices of any updates to our Terms of Service, Privacy & Cookie Policy, or other statements.
19. CONTACT US
You have a right to learn what personal information about you we keep by contacting us. the Company welcomes your questions or comments regarding this Privacy & Cookie Policy. If you believe that the Company has not adhered to this Privacy & Cookie Policy in one way or the other or if you have any requests or questions, please contact the Company. If you would like to exercise any of the above rights, please email us at: hello@pivotimage.com.