DAC Privacy Policy
1. Introduction
1.1. Effective Date.
The effective date of this Privacy Policy is 1/1/23.
1.2. Purpose.
David Allen Capital, Inc (DAC or Company) is committed to respecting the privacy rights of users of the DAC Website and any software, plug-ins or mobile applications made available by DAC (together, the "Website"). DAC has published this "Privacy Policy" to show its commitment to fair information practices and to the protection of privacy.
1.3. Scope.
This Privacy Policy is only applicable to the Website, and not to any websites or services of third parties ("Third Party Websites"), which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. For additional information, see Section 12 (Third Party Websites) and Section 4.5 (Third Party Cookies and Advertising).
1.4. Separate Terms of Service.
By using the Website, you represent and warrant that you have also read and understood, and agree to be bound by, both this Privacy and DAC's separate Terms of Service document (the "Terms of Service"), which is incorporated by reference and made part of this Privacy Policy. The Terms of Service document is available at [insert hyperlink to terms].
1.5. No Permission Without Agreement.
By using the Website, you represent and warrant that you have read and understood, and agree to the terms of, this Privacy Policy. If you do not understand or do not agree to be bound by this Privacy Policy, you must immediately cease using or accessing the Website.
2. Updates and Changes to Privacy Policy.
2.1.
Each time you access the Website, the then-current version of this Privacy Policy will apply. Each time you use the Website, we recommend that you check the date of this Privacy Policy in Section 1.1 (Effective Date) and review any changes since the last time you used the Website.
2.2.
Although most changes are likely to be minor, DAC reserves the right, at any time and without notice, to add to, update, change, or modify this Privacy Policy, simply by posting a new version on this page. Any such addition, update, or change will be effective immediately on posting. Unless DAC obtains your express consent, any revised Privacy Policy will apply only to information collected after the effective date of the revised Privacy Policy, and not to information collected under any earlier Privacy Policy.
3. Children's Privacy.
DAC does not solicit or knowingly collect Personal Information from children under the age of 13. If DAC obtains actual knowledge that it has collected Personal Information from a child under the age of 13, DAC will immediately delete such information from its database. Because DAC does not collect Personal Information from children under the age of 13, DAC has no such information to use or disclose to third parties. DAC has designed this Privacy Policy to comply with the Children's Online Privacy Protection Act ("COPPA").
4. Information Collection Practices.
4.1. Traffic Data.
Like most website and mobile application operators, DAC automatically gathers information that web browsers automatically make available, including: (i) IP addresses; (ii) Internet domain names; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively "Traffic Data"). Traffic Data is anonymous information that is not meant to personally identify you.
4.2. Cookie Policy.
"Cookies" are text files that are placed on your computer by websites that you visit or certain emails that you open. Cookies store a string of information on a user's computer or mobile device, which the user's web browser provides to the Website automatically each time it interacts with the Website. The purpose of Cookies is to identify the user as a unique user of the Website. DAC uses two types of Cookies: "first-party cookies" and "third-party cookies."
4.3. First Party Cookies.
DAC uses first-party Cookies on the Website, for example the Google Analytics Cookie, for the following purposes: (1) to gather visitor and access information relevant to customizing the Website to your interests; and (2) to store your password so you do not have to re-enter it each time you use the Website.
4.4.
If you do not wish to have first-party Cookies placed on your computer or mobile device, you should set your web browser to refuse Cookies before accessing the Website. However, certain features of the Website may not function properly without the aid of Cookies. If you refuse Cookies, you assume all responsibility for any resulting loss of functionality.
4.5. Third Party Cookies and Advertising.
4.5.1. Advertising on Third Party Websites.
DAC may advertise on other Third Party Websites to you after you access the Website. We and third-party marketing partners, including without limitation Google, Inc. ("Google"), may use first party Cookies (such as the Google Analytics cookie), third party Cookies (such as the DoubleClick cookie), and web beacons (such as the Facebook conversion tracking pixel, see https://www.facebook.com/business/a/online-sales/conversion-tracking), including across multiple devices, to inform, optimize, and serve advertisements to you based on your use of the Website. This practice is commonly known as retargeting or remarketing (see https://en.wikipedia.org/wiki/Behavioral_retargeting).
4.5.2. Google Analytics.
Google Analytics is Google's analytics tool that helps website and app owners to understand how their visitors engage with their properties. It may use a set of cookies to collect information and report website usage statistics without personally identifying individual visitors to Google. The main cookie used by Google Analytics is the "__ga" cookie.
4.5.3. Data Collection by Third Parties.
Any of these third parties may place Cookies on your computer or mobile device, use web beacons (see https://en.wikipedia.org/wiki/Web_beacon), and gather IP addresses and log data to collect traffic and activity data to deliver relevant metrics and content.
4.5.4. Opting Out of Third Party Cookies.
4.5.4.1.
You may customize your Google Cookies preferences or opt out of using Google Cookies on the Google Ads Settings page at http://www.google.com/settings/ads.
4.5.4.2.
You may learn about Facebook Cookies and how to customize your preferences at https://www.facebook.com/about/ads.
4.5.4.3.
You may opt out of using other third parties' Cookies by visiting the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/managing/opt_out.asp. You can also learn more about how to delete or control Cookies at http://www.aboutcookies.org/.
4.6. Personally Identifiable Information.
To use certain features of the Website, you may be asked to provide DAC certain personally identifiable information ("Personal Information"). Personal Information includes the following categories, without limitation: (1) "Contact Data" (such as your name, phone number, fax number, mailing address and email address); (2) "Financial Data" (such as your credit/debit card number and expiration date); (3) "Demographic Data" (such as your gender and ZIP code); and (4) "Third Party Social Media Account Data" (such as your account information for third party social media accounts when you access the Website in connection to those accounts). In each case, you will be asked to provide Personal Information; the Website will not gather it secretly. DAC may supplement the Personal Information you provide with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide that information to DAC. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain features of the Website.
4.7. Specific Information Collected.
DAC collects the following specific items of Personal Information:
4.7.1. your first and last name
4.7.2. your address
4.7.3. your email address
4.7.4. your telephone number
4.8. Information You Make Public.
The Website may contain features (e.g., instant messages, electronic messaging, forums, etc.) that allow you to upload, post, transmit, display, perform, or distribute content, or other information, including your Personal Information and/or health information. Any information that you choose to disclose through such features becomes public information over which DAC is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information through such features, and you agree to assume all responsibility for doing so.
5. Information Use.
5.1. Traffic Data and Information Gathered Using Cookies.
DAC analyzes Traffic Data and information gathered using Cookies to help DAC better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, DAC is able to better design the Website to improve your experience, and to serve you more relevant and interesting content. From time to time, DAC may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. DAC does not attempt to link information gathered using Cookies to Personal Information.
5.2. Personal Information.
DAC uses your Contact Data to send you information about DAC and DAC's products and services, and to contact you when necessary in connection with the Website. DAC uses your Financial Data to verify your qualifications for certain features of the Website and, when necessary, to bill you. DAC uses your Demographic Data to customize and tailor your experience on the Website. DAC uses your Third Party Social Media Account Data in accordance with this Privacy Policy and the privacy policies of third party social media companies, such as Facebook and Twitter. As with Traffic Data and information gathered using Cookies, from time to time DAC may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Website.
6. Disclosure Practices.
Except under the following categories of circumstances, DAC will keep your Personal Information private, and will not share it with third parties.
6.1. Disclosure to Marketing Partners.
DAC may use any Personal Information to help our clients better understand the demographics of our target audiences, as well as to support our marketing data products and services. We may also provide personally identifiable data to partner firms which may include third party marketing companies, affiliates, advertising agencies, and data aggregation companies. Your Personal Information may be used by these partner firms to provide consumers with information on products and services that may be of interest in accordance with this Privacy Policy.
6.2. Disclosure in Connection with Service.
DAC discloses Personal Information to those who help it provide services, including without limitation those who perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, data storage, and security.
6.3. Social Media.
At your direction, DAC discloses your information and your use of the Website on social media platforms. DAC sends your information through the APIs of social media platforms you authorize, in compliance with all applicable laws and the applicable platforms' privacy policies in place when your information is sent.
6.4. User Content.
6.4.1. User Content Defined.
"User Content" is any content, material, or information, not including Personal Information, that you submit, upload, and/or post to, or transmit, display, perform, or distribute through, the Website, whether in connection with your use of the Website or otherwise. This includes, without limitation, personal photos and videos.
6.4.2. License to User Content.
As stated in the Terms of Service, by using the Website, you grant Company and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") the right to publish your name and any username of yours in connection with the Company Parties' exercise of their license in and to your User Content. You further waive any claims arising from the Company Parties' exercise of that right. For additional information, see the section of the Terms of Service titled "User Content".
6.5. By Law or to Protect Rights.
DAC discloses Personal Information when required to do so by law, in response to a subpoena or court order, or when DAC believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of DAC, third parties, or the public.
6.6. Business Transfers; Bankruptcy.
DAC reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of DAC's assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by DAC's successor organization.
6.7. Unpaid Accounts.
If you fail to pay any balance owed in consideration of services, DAC may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies, and others.
7. Consent to Receive Electronic Communications From Company.
Without limitation, by registering for the Website and/or by providing your name, email, postal or residential address, and/or phone number through the Website, you expressly consent to receive electronic and other communications from DAC, over the short term and periodically, including email and short-message service ("SMS" or "text message") communications, regarding the Website, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to unsubscribe@DAC.com.
8. Consent to Receive Electronic Communications from Other Users.
Without limitation, by registering for the Website and/or by providing your name, email, postal or residential address, and/or phone number through the Website, you consent to receive electronic communications, including email, instant messages, video conferencing, and other personal messages from other users of the Website.
9. Security of Personal Information.
DAC takes security seriously. We use commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information. However, due to the realities of data security, DAC is unable to guarantee that any information provided to us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.
10. Lost or Stolen Information.
You must promptly notify us if your credit, bank, other financial institution information, username, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, username, or password from your account and update our records accordingly.
11. User Ability to Access, Update, and Correct Personal Information
DAC wants your Personal Information to be complete and accurate. As stated in the Terms of Service, by using the Website, you represent and warrant that all information you provide in connection with your use of the Website is current, complete, and accurate, and that you will update that information as needed to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, your Personal Information, visit your personal profile. Through your personal profile, you may review and update your Personal Information that we have already collected.
12. Third Party Websites.
DAC neither owns nor controls Third Party Websites. Accordingly, Third Party Websites are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by DAC. Before visiting or providing Personal Information to Third Party Websites, you should inform yourself of the privacy policies and practices (if any) of those Third Party Websites, and should take those steps necessary to, in your discretion, protect your privacy.
13. Promotional Activities.
From time to time, DAC may conduct contests, giveaways, and other promotions (collectively, "Promotional Activities"). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, DAC may also ask you to participate in surveys designed to help DAC improve the Website. Any Personal Information provided to DAC in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.
14. Business Transitions.
In the event DAC goes through a business transition, including without limitation any merger, acquisition, partnership, business reorganization, debt finance, or sale of company assets, or in the event of an insolvency, bankruptcy, or receivership (together a "Business Transition"), DAC may use information collected in accordance with this Privacy Policy and subject to its restrictions, as part of any such Business Transition. In such instances, your information can be part of the assets transferred.
15. Do-Not-Track Disclosure.
DAC does not respond to "Do Not Track" signals sent by browsers.