PRIVACY POLICY – Revised as of Wednesday, June 10, 2020
Write Score, LLC. (“WS”) makes reasonable efforts to protect the privacy of your personal information. This Privacy Policy was created to demonstrate our commitment to fair information practices. This Privacy Policy covers WS’s use of personal information that we collect in the normal course of our business, when you use our corporate websites (www.writescore.com, www.thestrongwriter.com) and when you otherwise interact with us, including when you contact us for support (collectively, the “Services”).
In addition to covering how we collect, use, disclose, transfer, and store your information, this policy also discloses our purpose and lawful basis for processing your information, and your related rights. Our legal basis for collecting and using personal information will depend on the personal information concerned and the specific context in which we collect it. In most cases, the lawful basis will be that the processing: (i) is necessary for our legitimate interests in carrying out our business with you, including direct marketing, provided those interests are not outweighed by your rights and interests, or (ii) is necessary to perform a contract with you. Where processing is based on your consent, we will identify the processing purposes and provide you with relevant information to make the processing fair and transparent. If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this should not affect any processing that has already taken place.
WS may update this Privacy Policy from time to time. When we update this Privacy Policy, we will note the date the most recent revision in the policy. Any revisions will become effective upon (7) calendar days following such posting on our corporate websites.
Definitions
In this policy the following words have the following meanings:
“Data Protection Laws” means any Applicable Law relating to the processing, privacy, and use of Personal Data, including (a) in the United Kingdom, (i) the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426, and any laws or regulations implementing Directive 95/46/EC (Data Protection Directive) or Directive 2002/58/EC (ePrivacy Directive); and/or (ii) the General Data Protection Regulation (EU) 2016/679 (GDPR), and/or any corresponding or equivalent national laws or regulations (Revised UK DP Law) (b) in member states of the European Union, the Data Protection Directive or the GDPR, once applicable, and the ePrivacy Directive, and all relevant member state laws or regulations giving effect to or corresponding with any of them; and (c) any judicial or administrative interpretation of any of the above, any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any relevant Supervisory Authority;
“Personal Data” 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, in particular 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 and where referred to in this policy includes special categories of Personal Data.
Information we collect from you
Depending on the context in which you interact with us, WS may collect or receive the following information:
Account and Profile Information: first name, last name, street address, city, state/province/region of residence, and country of residence. Our web sites may include in-site communications tools (e.g., forums, comments, or chat); provided, however, any disclosure of personally identifiable information (“PII”) in a chat room, message board or other public forum, will result in the immediate removal of the PII and all parties associated with providing the PII..
When you use our Web site to purchase items, we also require your billing information, such as a credit card number and billing address. Service Information: When you use our Services, we receive information generated through the use of the Services, either entered by you or others who use the Services, or from the Services infrastructure itself.
This information may include, but is not limited to, name, username, company/organization, company/organization address, email address, phone number, IP address, MAC address, latitude, longitude, device name(s), device ID(s), and directory ID or other information you place within the Services. Performance and Usage Data: We may collect statistical, usage, configuration, and performance data of the Services to monitor the performance, integrity, and stability of the Services. Further, we may use and disclose this information for any purpose, provided that such data is first de-identified. Payment Information: We use third party payment processors to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to our third-party processors whose use of your personal information is governed by their privacy policies. The privacy policies of our current third-party processors may be viewed at www.msoffice365.email/privacy-policy, https://privacy.microsoft.com/en-us/privacystatement.
Information from Third Parties: We may receive information from third party business partners such as the contact details of prospects and sales leads. In addition, we collect information from public databases or other data you may have made publicly available, such as information posted on professional networks and social media platforms. Location Information: Some of our applications collect general location information based on IP address. This information is used to customize the services provided to you, such as location-based information of specific managed devices. Location information is only viewable by the end user. We do not use, disclose, or sell location information for the purposes of providing targeted marketing or advertisements.
Use of collected information.
We will only use your Personal Data to the extent the law allows us to do so. Under the GDPR we rely on the following legal bases for processing your Personal Data:
Where you have given us your consent; where it is necessary to perform a contract, we have entered into or are about to enter into with you; and where it is necessary for the purposes of our legitimate interests (or those of a third party) and your interests or fundamental rights and freedoms do not override those interests. We use information held about you in the following ways:
Processing of an enquiry received from you; and processing a request for further information or in response to you expressing an interest in one or more of our products or services. We will use information you give to us:
To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us; to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about; to provide you, or permit other WS companies to provide you, with information about goods or services related to your enquiry; to notify you about changes to the Services; and to ensure that content from our site is presented in the most effective manner for you and for your computer. We will use information we collect about you:
to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to improve our site to ensure that content is presented in the most effective manner for you and for your computer; and as part of our efforts to keep our site safe and secure. We may combine information we receive from other sources with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
You agree that we have the right to share your Personal Data with:
Selected third parties including business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you; and Analytics and search engine providers that assist us in the improvement and optimization of our site. We will NOT disclose your personal information to third parties except:
In the event that we sell or buy any business or assets, in which case we will disclose your Personal Data to the prospective seller or buyer of such business or assets. If WS or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets. If we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or in order to enforce other agreements; or to protect the rights, property, or safety of WS, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Where we store your Personal Data
All information you provide to us is stored on our secure servers. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Retention of Personal Data
We will only retain your Personal Data for as long as necessary to fulfil the purposes for which we collected your Personal Data. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of that Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Agreement to Arbitrate
Except for individuals covered by Privacy Shield, in the event of a dispute between you and WS arising under or relating to the Privacy Policy, either party may choose to resolve the dispute by binding arbitration, as described below, instead of in court (the “Arbitration Agreement”). Florida law shall govern. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR WS CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO, DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
Class Action Waiver
EXCEPT FOR INDIVIDUALS COVERED BY PRIVACY SHIELD, ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WS MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INTERESTED PARTIES OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Governing Law and Rules for Arbitration.
Except for individuals covered by Privacy Shield, the Arbitration Agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services (JAMS). The rules for the arbitration will be the procedures of the chosen arbitration organization. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. Arbitration hearings will take place in Orlando, Florida. A single arbitrator will be appointed. The arbitrator must:
Follow all applicable substantive law, except when contradicted by the FAA; Follow applicable statutes of limitations; Honor valid claims of privilege; and Issue a written decision including the reasons for the award.
The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or WS may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to us at:
Write Score, LLC.
Attn: Data Protection Officer
350 Englenook Dr.
Debary, FL, 32713
E-mail: legal@writescore.com