Effective Date: February 7, 2023
Data Controller Contact InformationBatia Infotech
3101 Ocean Park Blvd Ste 100 PMB 187
Santa Monica, California 90405, USA
This document governs the privacy notice of our website www.ProProfs.com, and any of its associated websites, including but not limited to: ProProfsTraining.com, ProProfstChat.com, ProProfsDesk.com, ProProfsProject.com, ProProfsKB.com, ProProfsSurvey.com, ProProfsDiscuss.com, ProProfsGames.com, ProProfsFlashcards.com, Live2Support.com, HelpDocsOnline.com, Picreel.com, BIGContacts.com, ProjectBubble.com, Qualaroo.com, Batia.com or any other Batia Infotech company/website linking to this. Our privacy notice tells you what personal data and non-personal data we may collect from you, how we collect them, how we protect them, how we share them, how you can access and change them, and how you can limit our sharing of them. Our privacy notice also explains certain legal rights that you have with respect to your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.
‘NON-PERSONAL DATA’ (NPD) is information that is in no way personally identifiable.
‘PERSONAL DATA’ (PD) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data. (GDPR) means General Data Protection Regulation.
A “visitor” is someone who merely browses our website. A “member” is someone who has registered with us to use or buy our services and products. The term “user” is a collective identifier that refers to either a visitor or a member.
Topics Covered in Our Privacy Notice
- YOUR RIGHTS
- INFORMATION WE COLLECT AND HOW WE COLLECT IT
- HOW YOUR INFORMATION IS USED AND SHARED RETAINING AND DESTROYING YOUR PD
- UPDATING YOUR PD
- REVOKING YOUR CONSENT FOR USING YOUR PD
- PROTECTING THE PRIVACY RIGHTS OF THIRD PARTIES
- DO NOT TRACK SETTINGS
- LINKS TO OTHER WEBSITES
- CHILDREN’S PRIVACY
- OUR EMAIL POLICY
- OUR SECURITY POLICY
- USE OF YOUR CREDIT CARD
- TRANSFERRING PD FROM THE EUROPEAN UNION
- CHANGES TO OUR PRIVACY NOTICE
You have certain rights regarding the PD we collect.
Personal Information Sharing/Selling
We do not sell our Customers’ personal information. We do not discriminate against individuals for exercising their privacy rights.. Personal information for this section means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements when the name and data elements are not encrypted, including but not limited to: social security number, driver’s license number,, or identification card number, account number, credit card number, or debit card number, in combination with any required security code, access code, or password that would permit access to the person’s financial account, a username, unique identifier, or electronic mail address in combination with a password, access code, or security question and answer that would permit access to an online account.
Automated Individual Decision Making and Profiling
Our processing of PD includes both automated and manual methods of processing. Our automated methods are often used to assist our manual methods. When automated methods are used to assist in decision-making, we may manually review some of the insights produced by the automated methods against the underlying data from which the insights were made. This manual review may be conducted by our employees or trusted third-party business partners who are working on Company's behalf.
As a Californian consumer you have certain rights under the California Consumer Privacy Act (CCPA) as well as the California Privacy Rights Act (CPRA), as well as under other applicable state (e.g., Virginia) and federal laws, some of these rights are:
Your Rights Under the GDPR
When using our services and submitting PD to us, you may have certain rights under the GDPR if you reside or are in any of the countries of the European Union. Depending on the legal basis for processing your PD you may have some or all of the following rights:
The Right to Be Informed
You have the right to be informed about the PD that we collect from you and how we process them.
The Right of Access
You have the right to get confirmation that your PD are being processed and you have the ability to access your PD.
The Right to Rectification
You have the right to have your PD corrected if they are inaccurate or incomplete.
The Right to Erasure (Right to Be Forgotten)
You have the right to request the removal or deletion of your PD if there is no compelling reason for us to continue processing them.
The Right to Restrict Processing
You have the right to ‘block’ or restrict the processing of your PD. When your PD are restricted, we are permitted to store your data, but not to process them further.
The Right to Data Portability
You have the right to request your PD that you provided to us and use them for your own purposes. We will provide your data to you within 30 days of your request.
The Right to Object
You have the right to object to us processing your PD for the following reasons:
- Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling).
- Direct marketing (including profiling).
- Processing for purposes of scientific/historical research and statistics.
- Rights in relation to automated decision-making and profiling.
Automated Individual Decision Making and Profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects regarding you or similarly significantly affects you.
Filing a Complaint with Authorities
You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.
Your California Privacy Rights
As a Californian consumer you have certain rights under the California Consumer Privacy Act (CaCPA) AB 375, some of these rights are:
- The right of Californians to know what personal information is being collected about them.
- The right of Californians to know whether their personal information is sold or disclosed and to whom.
- The right of Californians to say no to the sale of their personal information.
- The right of Californians to access their personal information.
- The right to data portability. You have the right to request your personal information that you provided to us and use them for your own purposes. We will provide your data to you within 30 days of your request.
- The right of Californians of the deletion of their personal information.
- The right of Californians of equal service, price, and not being discriminated against even if they exercise their privacy rights.
- One or more designated means for Californian consumers to submit requests under the CACPA including (at minimum) a toll-free number, and if the business maintains an Internet website, a website address.
These rights include the right to request what personal information we collect and disclose about consumers.
Personal information includes:
- Categories of personal information that a business collected about the consumer.
- Categories of sources from which the personal information was collected.
- Specific pieces of personal information that the business has collected about consumers.
- Categories of third parties with whom the business shares personal information.
- The business or commercial purpose of collecting or selling personal information.
INFORMATION WE COLLECT AND HOW WE COLLECT IT
Generally, you control the amount and type of information that you provide to us when using our website.
Our Legal Basis for Collecting and Processing Personal Data
Our legal basis for collecting and processing your PD when you sign up for our trial software, trial services, buy our products or services, or contact us requesting information about our products and services is based on the necessity for the performance of a contract or to take steps to enter into a contract. Our legal basis for collecting and processing your PD when you sign up for our newsletter is consent.
We automatically receive information from your web browser or mobile device. This information may include the name of the website from which you entered our website, if any, as well as the name of the website you’ll visit when you leave our website. This information may also include the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using our website. We use all this information to analyze trends among our users to help improve our website.
When Entering and Using Our Website
When you enter and use our website and agree to accept cookies, some of these cookies may contain your PD.
Strictly Necessary Cookies
These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.
These cookies enable the website to remember users’ choices, such as their language, usernames, and other choices while using the website. They can also be used to deliver services, such as letting a user create a blog post, listen to audios, or watch videos on the website.
These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by us or third parties who provide services to us.
Advertising or Targeting Cookies
These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests. You will see less advertising if you disable these cookies.
These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; they are not stored long term.
These cookies are stored on a user’s device between browser sessions, which allows the user’s preferences or actions across a website or across different websites to be remembered. Persistent cookies may be used for several purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.
- Identifying the areas of our website that you have visited.
- Personalizing content that you see on our website.
- Our website analytics.
- Remarketing our products or services to you.
- Remembering your preferences, settings, and login details.
- Targeted advertising and serving ads relevant to your interests.
- Affiliate marketing.
- Allowing you to post comments.
- Allowing you to share content with social networks.
We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers and users.
At User and Member Registration
When you register as a user, member, or when buying our products or services, we may collect some or all of the following information: your first and last name, email address, physical address, company name, credit card or other payment information, phone number, user name, password, and other information listed.
When Buying Products or Services
If you buy products or services from us, we collect your first and last name, email address, physical address, credit card or other payment information, phone number, number of employees what you are using ProProfs.com for, and other information listed.
If you use our mobile application, you may have to provide PD to use it.
Customer Support - Phone, Chat, and Email
Our website contains chat software that enable visitors to communicate with us live online or offline by email. In some cases, visitors can communicate with us without becoming a member or buying our products and services. When you use this chat software, we may collect some or all the following information: your email address, first name, last name, location, and any other information you willingly choose to provide to us. We also collect this type of information when you use our phone or email support. You should limit the information you provide to us that is only necessary to answer your questions.
- You can opt out of the creation of a user profile, Hotjar’s storing of data about your usage of our website, and Hotjar’s use of tracking cookies on other websites by visiting: https://www.hotjar.com/legal/compliance/opt-out
Google Ad and Content Network
Our website uses Google Analytics to collect information about the use of our website. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website. We use the information we get from Google Analytics to analyze traffic, improve our marketing, advertising, and website. Google Analytics collects only the IP address assigned to you on the date you visit our website, not your name or other identifying information. We do not combine the information collected using Google Analytics with PD. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our website.
- For more information on how Google collects and processes your data visit:https://www.google.com/policies/privacy/partners
- You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout
Our website uses analytics and crash reporting services from several companies to collect information about the use of our website. Analytics collects information such as how often users visit our website, what pages they visit, when they do so, what other websites they used before coming to our website, and their IP addresses. We use the information we get from analytics to improve our services.
What Happens If You Don’t Give Us Your PD
If you do not provide us with enough PD, we may not be able to provide you all our products and services. However, you can access and use some parts of our website without giving us your PD.
HOW YOUR INFORMATION IS USED AND SHARED
We use the information we receive from you to:
- Provide our products and services you have requested or purchased from us
- Personalize and customize our content.
- Make improvements to our website.
- Contact you with updates to our website, products, and services.
- Resolve problems and disputes.
- Contact you with marketing and advertising that we believe may be of interest to you.
Communications and Emails
When we communicate with you about our website, we will use the email address you provided when you registered as a user or customer. We may also send you emails with promotional information about our website or offers from us or our affiliates unless you have opted out of receiving such information. You can change your contact preferences at any time through your account or by contacting us using the contact information at the top of this privacy notice.
Sharing Information with Affiliates and Other Third Parties
We do not sell or rent your PD to third parties for marketing purposes. However, for data aggregation purposes we may use your NPD, which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PD. We may share your PD with third parties for the purposes of operating our business, delivering, analyzing, improving, securing, and customizing our websites and solutions, sending marketing and other communications related to our business, and for other legitimate purposes permitted by applicable law(s) or otherwise with your consent. We may give your PD to third-party service providers whom we hire to provide services to us. These third-party service providers may include but are not limited to payment processors, web analytics companies, advertising networks, programmers, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.
Legally Required Releases of Information
We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or governmental enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our terms and conditions; (d) necessary to protect us from legal action or claims from third parties, including you and/or other users; or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.
Disclosures to Successors
If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business. We also retain the right to transfer your PD if our company files for bankruptcy and some or all of our assets are sold to another individual or business.
Community Discussion Boards, Blogs, or Other Mechanisms
Our website may offer the ability for users to communicate through online community discussion boards, blogs, or other mechanisms. We do not filter or monitor what is posted on such discussion mechanisms. If you choose to post on these discussion mechanisms, you should use care when exposing any PD, as such information is not protected by our privacy notice nor are we liable if you disclose your PD through such postings. Also, PD which you post on our website for publication may be available worldwide by means of the Internet. We cannot prevent the use or misuse of such information by others.
RETAINING AND DESTROYING YOUR PD
We retain information that we collect from you (including your PD) only for as long as we need it for legal, business, or tax purposes. Your information may be retained in electronic, paper, or a combination of both forms. When your information is no longer needed, we will destroy, delete, or erase it.
UPDATING YOUR PD
You can update your PD using services found on our website. If no such services exist, you can contact us and we will help you. However, we may keep your PD as needed to enforce our agreements and to comply with any legal obligations.
REVOKING YOUR CONSENT FOR USING YOUR PD
You have the right to revoke your consent for us to use your PD at any time. Such optout will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates and business partners, (ii) disclosures to third-party service providers that provide certain services for our business, such as payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept. If you want to revoke your consent for us to use your PD, please contact us.
PROTECTING THE PRIVACY RIGHTS OF THIRD PARTIES
If any postings you make on our website contain information about third parties, you agree to make sure that you have permission to include that information. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified, if such postings violate the privacy rights of others.
DO NOT TRACK SETTINGS
Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. These websites will likely have their own privacy notices. We have no responsibility for these websites and we provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. It is your responsibility to check the privacy notices of these websites to see how they treat your PD.
The Company encourages parents and guardians to take an active role in their children's online activities. The Company does not knowingly collect personal information from children without appropriate parental or guardian consent. Where applicable, parents or guardians (e.g., teachers) are responsible for obtaining all necessary rights and permissions associated with use of our services by children under their supervision. Relatedly, we have recognized the need to provide additional privacy protections with respect to PD we may collect from children on our Services, including:
- Where applicable, obtaining consent from parents or guardians for the collection of PD from their children;
- Limiting our collection of PD from children to no more than is reasonably necessary to participate in an online activity; and
- Giving parents access or the ability to request access to PD we have collected from their children and the ability to request that the PD be changed or deleted. Such requests can be made using this form.
OUR EMAIL POLICY
You can always opt out of receiving email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.
OUR SECURITY POLICY
We have built our website using industry-standard security measures and authentication tools to protect the security of your PD. We and the third parties who provide services to us also maintain technical and physical safeguards to protect your PD. Unfortunately we cannot guarantee prevention of loss or misuse of your PD or secure data transmission over the Internet because of its nature. We strongly urge you to protect any password you may have for our website and not share it with anyone.
USE OF YOUR CREDIT CARD
You may have to provide a credit card to buy products and services from our website. We use third-party billing services and have no control over them. We use commercially reasonable efforts to ensure that your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
TRANSFERRING PD FROM THE EUROPEAN UNION
PD that we collect from you may be stored, processed, and transferred among any countries in which we operate. The European Union has not found the United States and some other countries to have an adequate level of protection of PD under Article 45 of the GDPR. Our company relies on derogations for specific situations as defined in Article 49 of the GDPR. If you are a visitor from the European Union, with your consent your PD may be transferred to the United States or other countries outside the European Union when you request information from us. When you buy goods or services from us, or sign up for our trial software or services, we will use your PD for the performance of a contract or to take steps to enter into a contract. Wherever we transfer, process, or store your PD, we will take reasonable steps to protect it. We will use the information we collect from you in accordance with our privacy notice. By using our website, services, or products you agree to the transfers of your PD described within this section.
CHANGES TO OUR PRIVACY NOTICE
We reserve the right to change this privacy notice at any time. If our company decides to change this privacy notice, we will post those changes on our website so that our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email sent to the email address on file in your account. Otherwise we will use and disclose our users’ and customers’ PD in agreement with the privacy notice in effect when the information was collected. In all cases your continued use of our website, services, and products after any change to this privacy notice will constitute your acceptance of such change. If you have questions about our privacy notice, please contact us.
Questions About Our Privacy Notice or Exercising Your Privacy Rights
If you have any questions about our privacy notice or would like to exercise your privacy rights such as under GDPR or CCPA, please contact us using the information at the top of this privacy notice or by using this form.
Copyright © This Privacy Notice is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you, is strictly prohibited.