Privacy Policy|

Experticity Privacy Policy

Effective Date: 04/01/2017

This privacy policy describes how Experticity, Inc., a company located and incorporated in the United States, collects, uses, and shares information about you that is captured while you use 3point5.com, ProMotive.com or Experticity.com (collectively, “sites”).

By using our sites, registering for our services, or by choosing to submit personal information to Experticity through the sites, you agree to the terms of this Privacy Policy (“Policy”). You are not required to provide any personal information, but if you choose not to, you may not be able to access certain information or areas of the sites. If you do not agree with any terms of this Policy, please do not use this Site or submit any personal information to Experticity.

To the extent identification is required by local law, the data controller is Experticity, Inc.

Experticity is subject to the investigatory and enforcement authority of the United States Federal Trade Commission (FTC).

WHAT INFORMATION WE COLLECT

All Users

When you visit our sites, we collect personal information about you (including name, address, telephone number, email address, username, and password) (“Personally Identifying Information”) when you fill out forms, communicate with us through our sites, or create an online profile. We may collect personal information that you make publicly available, such as if you make a comment on another user’s content.

We may also collect certain information about your use of our sites such as information about your computer, including your IP address, the type of browser you are using, and your computer’s operating system. Except as otherwise explained in this Policy or as may be prohibited by law, we may combine this information with your personal information.

Online Profile

When you create an online profile, you may choose to provide optional information such as your employer, training modules completed, purchases you make, photographs, points earned, etc. Any information you provide on your profile is subject to this Policy. Information you choose to upload or publish to a public area of your profile will appear on the sites, and may be viewed by other members. If you choose to include Personally Identifying Information in a public area of the sites, you consent to the public disclosure of the Personally Identifying Information you choose to post. If you do not wish to publish your Personally Identifying Information in this manner, please do not include it in material you post to a public area of the sites. We provide you ways to control the sharing of your profile, generally, and data within your profile at the following link: : www.experticity.com/account..

Cookies and Other Tracking Technology

Our sites also uses “cookies” (small data files stored on your computer) and other tracking technologies to collect information about your visit to our sites. The cookies and tracking technologies we use do not capture Personally Identifying Information. The information that is captured about your visit may be used in a variety of ways, such as to monitor and maintain information about your visits to our sites, to help us identify and address problems, to improve our sites, to analyze web traffic trends, and to help protect the security and integrity of our sites. You may set your browser not to accept cookies or to notify you when you receive cookies, giving you the opportunity to decide whether to accept cookies. If you do not accept cookies, you may still use our sites, but your experience may be degraded. We may also use pixel tags (also known as “clear gifs,” “Web beacons,” or “1-by-1gifs”) on our sites. These may be used in connection with certain pages of our sites or with email messages to measure the effectiveness of our communications and our marketing campaigns, to compile statistics about usage and response rates, and to assist us in resolving issues that may arise on our site.

HOW WE USE COLLECTED PERSONALLY IDENTIFYING INFORMATION

We may use the Personally Identifying Information we collect for the following purposes:

  • to respond to your inquiries and fulfill your requests;
  • to send you important information regarding our site, changes to our terms, conditions, and policies, and/or other administrative information;
  • to send you marketing communications that we believe may be of interest to you, if you have agreed to receive such messages;
  • to personalize your experience on our site by presenting content tailored to you;
  • to allow you to take and keep track of training;
  • for our business purposes, such as data analysis, audits, developing new products, enhancing our site, improving our services, identifying usage trends, and determining the effectiveness of our promotional campaigns;
  • for risk control, to comply with laws and regulations, and to comply with other legal process and law enforcement requirements;
  • to use information about your activities on the site to communicate your training progress to your employers and in some cases to offer you retail discounts;
  • for other purposes which are disclosed to you and to which you consent.

We may also use information that we receive about you from your employer and data providers who assist us in processing requests, maintaining our data, and optimizing our services.

SHARING YOUR INFORMATION

We will not disclose your Personally Identifying Information to third parties except as described in this Policy, to the extent necessary to provide you with a requested service, or under circumstances required by law. You agree that we may also disclose this information to third parties: (1) when we have reason to believe that such disclosure is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of our sites, or anyone else who could be harmed by such activities; or (2) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, such as to comply with a subpoena or similar legal process.  Please note that we may be required to release an individual’s personal information in response to a legal inquiry from public authorities including to meet national security or law enforcement requirements.

We may transfer your Personally Identifying Information to third party service providers that assist us with carrying out these purposes. For example, we may use a data processing contractor to operate computer systems on our behalf, for administrative, technical support, or other business purposes as necessary to facilitate our transactions with you, analyze our data, conduct analytics services, or to maintain and improve our services. Whenever any Personally Identifying Information is transferred to a such a third party service provider, that party will be contractually bound to use such Personally Identifying Information only to carry out the services we have requested, to abide by our Policy, and to provide adequate protection for the Personally Identifying Information.

We reserve the right to transfer any Personally Identifying Information we have about you in the event that we merge with or are acquired by a third party. We may disclose your Personally Identifying Information for any other purpose with your consent.  We may be liable for the transfer of personal information to third parties.

YOUR CHOICES FOR CONTROLLING YOUR INFORMATION

Correcting or Changing Your Information

We acknowledge the individual’s right to access their personal data.   We are concerned about the accuracy, currency, and completeness of the Personally Identifying Information we collect and take appropriate steps to ensure that the information we have is accurate and up-to-date. In addition to the options provided to you in this Policy, if you wish to review, amend, correct, update, or delete Personally Identifying Information we have collected about you online, or to opt out of receiving our marketing communications, contact us at: +1-866-376-4685 or http://www.experticity.com/business/contact/#tab-1. You may also contact us by writing to:

Ron Martinez
Experticity
9 Exchange Plaza, Suite 1000
Salt Lake City, Utah 84111

We will respond to your access request within any legally required time period or within 30 days. We reserve the right not to allow access to your information if we believe in good faith that such disclosure is prohibited by law or if the rights of another individual might be violated.

You may cancel your registration to our sites and/or request the removal of your Personally Identifying Information from our visitor records by sending an email at http://www.experticity.com/business/contact/#tab-1. We will send an email to confirm your request. After you respond, we will remove your information from our database. Residual information may remain in our archives and records, but this information will not be used for any purpose, commercial or otherwise. We reserve the right to maintain information on registered visitors who have violated any of our policies or who have had their access to the site blocked.

SECURITY

We use a variety of technologies and processes to protect Personally Identifying Information collected on the sites, including physical, technological, and organizational security measures. For example, we use encryption technology whenever transmitting personal information. Unfortunately, no security technology is completely secure, and you should remember that email is not a secure means of communication. We retain Personally Identifying Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to meet any legal requirements.

Some or all of the Personally Identifying Information we collect may be stored or processed on servers located outside of your country, including in the United States, whose data protection laws may differ from those where you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personally Identifying Information that are equivalent to those in your country.

CHILDREN’S PRIVACY

Our sites are not intended for use by children. We do not knowingly collect personal information from children under the age of 13. Children under the age of 18 are prohibited from creating an online profile.

POLICY CHANGES

If our Policy changes, we will post these changes to our sites with the date of revision. We encourage you to review our Policy periodically. Your continued access to and/or use of the sites after any such changes constitutes your acceptance of, and agreement to be legally bound by, this Policy, as revised. If our privacy practices, including the ways we use your Personally Identifying Information, materially change from the time you created an online profile, we will notify you about such changes before they take effect and allow you to delete your information as described above, should you disagree with such changes.

PRIVACY SHIELD POLICY

Experticity, Inc. (“Experticity”), as part of this Policy, complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union countries. Experticity has certified that it adheres to the Privacy Shield Principles of notice; choice; accountability for onward transfer; security; data integrity and purpose limitation; access; and recourse, enforcement, and liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield, please visit https://www.privacyshield.gov.

In compliance with the EU-U.S. Privacy Shield Framework, Experticity commits to resolve complaints about your privacy and our collection or use of your personal information. EU citizens with inquiries or complaints regarding this privacy policy should first contact Experticity Member Services at: 866-376-4685 or http://www.experticity.com/business/contact/#tab-1.

Experticity has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Framework by providing an independent recourse mechanism, the BBB EU-US PRIVACY SHIELD FRAMEWORK, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Experticity, please visit the BBB EU-US PRIVACY SHIELD website at  https://www.bbb.org/EU-privacy-shield/for- eu-consumers for more information and to file a complaint.

Finally, and as a last resort EU individuals whose privacy complaint has not been resolved through the aforementioned channels can seek recourse before the Privacy Shield Panel, a binding arbitration mechanism.