Privacy Policy

Effective Date: February 19, 2024

Overview

This Privacy Policy describes how we, PerformanceCentre, Inc. (referred to as “Performio,” “we,” “our,” or “us”), collect, use, and share your personal information. This Privacy Policy applies to information that we collect when you visit our websites, (each a “Site”), when you interact with the features of our Site, when you interact with us through our email, advertising, or social media campaigns or when you use our services (“Services”). By accessing or using our Site or Services, you agree to this Privacy Policy.

With respect to our Services, we enter into data processing agreements with our customers and those data processing agreements control with respect to our obligations to our customers. Individuals should refer to our customers’ privacy policies for information about how our customers collect, use and share information including through their use of our Services. In this Privacy Policy, we clearly describe where we collect information on our own behalf, for our business purposes and on our customers’ behalf as a service provider or data processor.

This Privacy Policy does not apply to employees or job applicants. Our services are not intended for individuals under the age of 16. We do not knowingly collect personal information from individuals under 16. If we learn that we have collected personal information from individuals under the age of 16, we will delete that information.

This policy is intended to help you understand:

Personal Information We Collect, Purpose for Processing & Categories of Third Parties Personal Information is Shared with

How We Collect Personal Information

How We Use Personal Information

How We Share Personal Information

European Privacy Rights

U.S. Data Privacy Rights

How We Protect Personal Information

How Long We Retain Personal Information

Your Choices

Changes to this Privacy Policy

Contact Us

Personal Information We Collect, Purpose for Processing & Categories of Third Parties Personal Information is Shared with

How We Collect Personal Information

We collect personal information as follows:

• Information that is collected automatically: about your interaction with the Site or Service through automatic tracking technologies (e.g., cookies) that may or may not personally identify you (this information may be combined with information that does personally identify you). This includes information like IP address, Internet connection, network activity, the device or equipment you use, geolocation, your activity or interaction with the Site or Service, our social media accounts, email marketing campaigns, or marketing materials;
• Information that you provide us: when you fill out forms or questionnaires, respond to surveys, provide comments, respond to our emails, or interact with our marketing campaigns;
• Information from third parties: like third party marketing and analytics tools. This may include name, email address, profile picture, demographic data, or other unique identifiers as well as information relating to your interaction with the third-party website or service

Like many websites, we use “cookies,” pixels, or other automatic tracking technologies to collect information. Cookies are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer’s hard drive. Through cookies or similar tracking technologies, we collect usage information like activity data, IP address, the website you came from before visiting the Site or Services, browser type and setting, time/date, language preferences, and device information (device ID, unique device identifiers, crash data).You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being set. Most Internet browsers will allow you to block cookies from being stored on your computer and to delete cookies stored on your computer, and we will honor these browser settings. However, if you choose to eliminate cookies, the functionality of the Site or Services may be impaired.

Information we Collect in Connection with Our Services

After establishing a relationship for our services, we may collect the following personal information:

• Identifiers
• Professional and Employment Related Information
• Geolocation
• Select Information in Customer Records

We prohibit our customers from inputting sensitive information into our Services. However, our customers determine the personal information that is processed by our Services.

Targeted Advertising

We display content, offers, or advertisements that may be of interest to our users on the Site, or other digital properties or applications. We use inferences, identifiers, and demographic data to identify segments of similar users. We will provide content or advertising that may interest individuals we identify to be similar to that segment based on our Inferences. Advertisements are targeted based on information that we collect directly or that we receive from third parties (like ad networks, ad servers, or through third party affiliate marketing programs, we call these “Advertising Partners”). If we match you to a particular segment, we may provide offers, deals, content, or advertising that may be of interest to that segment, including you, and we may allow our advertising partners to better target their advertisements to that segment, including you (“Cross-Contextual Behavioral Advertising”). We, the third-party businesses we interact with, and our third-party service providers use the information we collect for the purposes disclosed above, but primarily to identify you and to serve relevant advertising or content to you, to analyze performance of advertisements and content, to analyze usage trends, and to target offers, promotions, deals, or content to you on the Site and elsewhere online.

We and our Advertising Partners use Automatic Tracking Technology to collect information from you and to identify you. We will receive your information from third parties when you click through an advertisement or promotion on the Site, or when you click on an affiliate link in our content or purchase a product from an affiliate link. If you purchase product or service from an affiliate, we do not receive credit card information, or the specific items purchased.

We are not responsible for the privacy practices of any of our Advertising Partners, and we encourage you to read their privacy policies so that you understand how they process information about you.

How We Use Personal Information

We use information that we collect about you or that you provide to us:

• To present the Site and its contents to you, to provide our Services, and to support and improve the Site and our Services;
• To provide recommendations and customize the Services and your experience with our Services;
• To communicate with you about contests, promotions and sweepstakes, upcoming events, or other news about products and services that we or third parties may offer.
• To validate information about you, including your financial accounts;
• For research and development purposes;
• To analyze the Site and the Services, and to estimate audience size or usage;
• To remember your preferences;
• To provide you with information, products, or services that you request, or that we think may be of interest to you;
• To send you technical notices, updates, security alerts, support or administrative messages and to respond to your comments, questions, or other messages or requests.
• To provide certain features or functionality to you, like enabling you to share content;
• For administrative purposes, like to provide you with notices about your account, to process invoices, respond to support tickets, or other communications;
• To fulfill any other purpose for which you provide it;
• To carry out our legal obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• To notify you about changes to our Site or the Services;
• To investigate misuse or misconduct relating to the Site or Services;
• To help protect you, our service providers, and others from fraud, malicious activity, and other privacy and security-related concerns;
• For other notified purposes with your consent or at your direction; or
• To allow you to participate in interactive features on the Site or Services.

How We Share Personal Information

We share personal information with the following categories of third parties:

• Service Providers: With service providers (e.g., data analytics, marketing, cloud storage, software development, infrastructure, information security, support, billing, or other service providers);
• Business Partners: With business partners for business purposes, such as referral partners and reseller partners;
• Social Media and Marketing Service Providers: With third parties like analytics providers (e.g., Google Tag Manager and Google Analytics) or social media for marketing and promotional purposes;
• Analytics and Advertising Partners: With third party marketing tools, like email campaign providers or social media platform providers.
• Professional Service Providers: With legal, accounting, and other professional service providers;
• Affiliated Entities: With our affiliated entities;
• Legal Authorities: With legal authorities or third parties if we deem necessary to enforce our rights, or the rights of third parties (including in connection with your breach of this Privacy Policy or any other agreement between us), or when required by any applicable law, rule regulation, subpoena, or other legal process, or in order to prevent illegal, harmful, fraudulent, or damaging activities;
• Corporate Transactions: In connection with the negotiation or execution of a merger or sale of our business; or
• Consent: we may share your information with certain, specified third parties with your consent.

European Data Privacy Rights

Data Subject Rights

If you are a resident of the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland, you are entitled to certain rights. These rights include:

• Right of access and/or portability: You have the right to access any personal information that we hold about you and, in some circumstances, have that data provided to you so that you can provide or “port” that data to another provider.
• Right of erasure: In certain circumstances, you have the right to the erasure of personal information that we hold about you (for example, if it is no longer necessary for the purposes for which it was originally collected).
• Right to object to processing: In certain circumstances, you have the right to request that we stop processing your personal information and/or stop sending you marketing communications.
• Right to rectification: You have the right to require us to correct any inaccurate or incomplete personal information.
• Right to restrict processing: You have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is not accurate or lawfully held).

To submit a request to exercise your rights, please contact us at privacy@performio.com. If you submit a request related to the Services, we will direct you to submit a request to exercise your rights directly with our customer. We may have a reason under the law why we do not have to comply with your request or may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

We process personal information, or “Personal Data as that term is defined in the EU General Data Protection Regulation, on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; (3) as necessary for our legitimate interests where those interests do not override your fundamental rights and freedom related to data privacy; and (4) as necessary for compliance with our legal obligations. We may also process personal information as necessary to comply with legal obligations Information we collect may be transferred to, and stored, and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities, as described above.

Users that reside in the EEA, UK, or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.

Cross-border Transfer of Data

If you use our Services outside of the United States, you understand that we may collect, process, and store your information in the United States and other countries. The laws in the U.S. regarding information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law.

To facilitate data transfers from the EU to other countries, we make use of the European Commission-approved standard contractual data protection clauses, the Data Privacy Framework, or other appropriate legal mechanisms to safeguard the transfer. Please contact us at privacy@performio.com to receive a copy of our standard contractual data protection clauses.

U.S. State Privacy Rights

If you are a resident of California, Colorado, Connecticut, Delaware, Indiana, Montana, New Hampshire New Jersey, Oregon, Tennessee, Texas, Utah, Virginia, or any other state that has passed data protection legislation, you may have additional rights regarding our use of your personal information. The rights outlined in this section do not apply to information exempted under applicable state privacy law. Further, the rights described in this Section are not absolute, are subject to exceptions and limitations, and may not be afforded to residents of all states. In certain cases, we may decline requests to exercise these rights where permitted by law. 

Persons with disabilities may obtain this notice in alternative format upon request by contacting us at privacy@performio.com.

U.S. Privacy Rights

To the extent you are provided additional privacy rights in the state you reside, you have the following rights with respect to the information that we collect (in each case, subject to applicable law):

• Right to Know: To know the categories and specific personal information we have collected, the categories and sources from which we collected the personal information, the categories of third parties with whom we share personal information, and the business or commercial purpose for collecting or selling (if applicable) personal information, and the right to request information about and opt out of automated decision making (if applicable).
• Right to Access: To request a copy of the personal information that we have collected about you during the past 12 months.
• Right to Opt-Out of Sales or Sharing: To opt out of sales of personal information (if applicable) or sharing personal information for Cross-Contextual Behavioral Advertising.
• Right to Delete: To request that we delete the personal information that we have collected from you.
• Right to Correct: To correct inaccurate information that we maintain about you.
• Right to Limit Disclosure of Sensitive Information: To limit the disclosure of sensitive personal information, if we use or disclose sensitive personal information.
• Freedom from Discrimination: To exercise the rights described above free from discrimination or retaliation as prohibited under applicable law.

Right to Opt-Out of the Sale or Sharing of Personal Information to Third Parties

We share personal information with third party marketing tools, which may be considered a sale of information in some jurisdictions. You have the right to opt out of our sale of your personal information or our sharing your personal information for behavioral advertising purposes. We use third-party analytics tools on our website, please refer to the How We Collect Personal Information section above for more information. To exercise your right to opt out of the sale of your personal information, please use the cookie settings to decline all non-essential cookies . If you have additional questions, please contact us using the information provided in the Contact Us section below.

Exercising Your State Privacy Rights

If you reside in a state that provides specific data privacy rights, you may contact us using the Contact Us section below.

Your rights may only be exercised by you or by your designated agent. You may submit a request to know twice within a 12-month period unless applicable data privacy law grants you additional rights.

Your request must include enough information to allow us to reasonably verify that you are the person about whom we collected personal information or an authorized representative, which may include: (1) verifying your account information if you have an account with us; or (2) requesting two forms of identification that are reliable for verification purposes, unless the request includes sensitive information and, in which case, we may require three forms of verification and a signed declaration. The information included in your request must allow us to properly understand, evaluate, and respond to it.

We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. If we cannot verify your identity or authority, we will not fulfill your request. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

You may submit a request through a designated agent. You must instruct that agent that they will need to state that they are acting on your behalf when making the request, have reasonably necessary documentation, and be prepared to provide the necessary personal information to properly verify your request.

We will acknowledge receipt of your request. We will provide a substantive response within 45 calendar days or inform you of the reason and extension period (up to a total of 90 days) in writing.

You may appeal our decision with respect to a request you have submitted by contacting us via the Contact Us section below.

Special Information for Nevada Residents

Residents of the State of Nevada have the right to opt-out of the sale of certain pieces of their information to other companies who will sell or license their information to others. At this time, Performio does not engage in such sales. If you are a Nevada resident and would like more information about our data-sharing practices, please email privacy@performio.com.

California Shine the Light

Residents of the State of California have the right to request information from Performio regarding other companies to whom the company has disclosed certain categories of information during the preceding year for those companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please email privacy@performio.com or write to us at: Performio Privacy, 8605 Santa Monica Blvd PMB 52242, West Hollywood, California 90069-4109 US.

How We Protect Personal Information

We take reasonable steps to protect your personal data from loss, misuse, or unauthorized access, disclosure, alteration, or destruction, taking into due account the risks involved in the processing and the nature of the information. However, no website, application, Internet, or email transmission is ever fully secure or error free, and we do not guarantee the security of any information.

How Long We Retain Personal Information

We retain your personal information for as long as we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).

The criteria used to determine appropriate retention period for personal information include:

• The amount, nature, and sensitivity of the personal information.
• The purpose(s) for which the personal information was collected and used.
• Whether we have a legal obligation to retain personal information or whether retaining personal information is necessary to resolve disputes, including the establishment, exercise, or defense of legal claims.

Your Choices Regarding Your Information

We offer the following choices for updating your information or opting out of other uses of your personal information:

• Customer Information: If you are an authorized user of our Services, you can sign into your account to update your contact information and payment method.
• Our Emails: If at any time you would like to unsubscribe from receiving future emails, you can click the unsubscribe link at the bottom of any email, or email us at privacy@performio.com and we will promptly remove you from all correspondence.
• Web Browser Settings: Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Services may not be available, work, or work as designed. You may also be able to opt out of or block tracking by interacting directly with the other companies who conduct tracking through our Services.
• Google Analytics: You may manage the information that Google Analytics receives by downloading and installing the browser plugin available here.
• Tracking Technologies: You can adjust your cookie preferences, including opting out of all cookies except those that are Strictly Necessary by clicking “Cookie Settings” button at the bottom of the page.

Changes to This Policy

We may make changes to this privacy policy from time to time. We will post any changes here, and such changes will become effective when they are posted. Your continued use of the Site or our Services, or your interaction with us following the posting of any changes will mean you consent to those changes.

Contact Us

For questions about our privacy practices, contact us via:

Mail:

• Performio Privacy
• 8605 Santa Monica Blvd PMB 52242
• West Hollywood, California 90069-4109 US

Email: privacy@performio.com

Phone Number: +1 (833) 817-7084

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