PRACTION PRIVACY POLICY

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Last updated: April 2023

Praction LLC (“Praction”, “we”, “our”, or “us”) understands that privacy is important to our users. This Privacy Policy describes our practices regarding the collection, use, sharing, and protection of your personal information for the website located at Praction.co (the “Website”), and our other services, including our revenue modeling, diagnostic reporting, consulting, and recruitment tools (the “Services”) (collectively, the “Properties”). This Privacy Policy also tells you about the rights and choices you have with respect to your personal information, how you can assert those rights, and how you can contact us to get answers to your questions.

For more information about how users with disabilities can access this Privacy Policy in an alternative format, please contact us by emailing privacy@praction.co or calling (646) 389-1514.

BY USING OR ACCESSING THE PROPERTIES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES OR PRACTICES, YOU SHOULD NOT USE OR ACCESS THE PROPERTIES OR PROVIDE US WITH ANY PERSONAL INFORMATION.

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WHAT OUR PRIVACY POLICY COVERS

This privacy policy applies to the personal information that we obtain in various contexts, including through the Website, when you access or use the Properties, or when you communicate with us over email or text message, or otherwise via the Properties.

We may provide different or additional privacy notices in connection with certain activities, programs, and offerings. Additionally, we may provide additional “just-in-time” notices or notices at collection that may supplement or clarify our privacy practices or provide you with additional choices regarding your personal information.

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PERSONAL INFORMATION WE COLLECT FROM YOU

We use the term “personal information” – also called “personal data” or “personally identifiable information” in the laws of some jurisdictions – to refer to information that reasonably identifies, relates to, describes, or can be associated with you. Data that has been deidentified or that otherwise cannot reasonably be related back to a specific person is not considered personal information. The precise definition of personal information may vary depending on your place of residence, but we take the same general approach to protecting your privacy, subject to any additional measures that may be required by applicable laws.

The following are the categories and types of personal information that we may collect from or about you, depending on how you interact with the Properties:

  • Identifiers, such as your name and email address;
  • Employment information, such as your company and title;
  • Device and online identifiers and related information, including internet protocol (IP) address, mobile ad identifiers, data collected from cookies, beacons, and pixel tags, and similar unique identifiers;
  • Internet or other electronic network activity information, including, but not limited to browsing history, search history, and information regarding your interaction with an internet website, application, mobile app, or advertisement;
  • Any other personal information that you voluntarily provide us.
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HOW WE COLLECT YOUR PERSONAL INFORMATION

Personal Information You Provide

We collect personal information that you provide to us directly. This may include, but is not limited to:

  • Information you provide when you contact us via email, or through other Internet-enabled communications;
  • Information you provide when you create a profile or account or subscribe to one of our Services;
  • Information you provide when you participate in our sales associate training course;
  • Content that you post to the Properties;
  • Your responses to surveys that you choose to complete for us;
  • Details relating to transactions that you carry out through our Properties, including any orders that you ask us to fulfill, and any payment or other financial information you provide to us relating to such orders;
  • Your search queries on the Properties;
  • Any other information that you provide us on or through the Properties.

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Personal Information We Collect Automatically

When you visit our Properties, we or third parties we work with may automatically collect certain information using technologies such as cookies and other tracking technologies described below.

  • Cookies and Similar Technology: "Cookies" are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website. Such data may include, for example, the address of the websites you visited before and after you visited our Properties, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Properties you visited and what links you clicked on, the region where your device is located, and geographic information based on your IP data. We may store some information on your device or device hard drive as a cookie or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Properties. We may also use cookies to customize your visit to the Properties and for other purposes to make your visit more convenient or to enable us to enhance the Properties and Services.
  • Analytics: We may work with third-party vendors who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Properties and other Services. To learn more about their services, and to opt-out of their tracking, please visit the following resources:
  • ~Fathom: https://usefathom.com/docs/script/exclude-visits
  • ~Mixpanel: https://help.mixpanel.com/hc/en-us/articles/360001113426-Opt-Out-of-Tracking
  • ~Retention: https://app.retention.com/optout
  • ~UserGuiding: https://help.userguiding.com/en/articles/4493395-how-can-i-disable-user-identification
  • Social Media Platforms and Networks: If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks, such as LinkedIn, in connection with our Properties, we may collect information that you share with us on social media or that such platforms share with us. Please review the privacy policies and settings of the social media platforms and networks that you use for more information about their privacy practices.
  • From Other Sources: We may obtain information about you from other sources, such as data analytics providers, marketing or advertising vendors, fraud prevention vendors, vendors that provide other services on our behalf, or publicly available sources.

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HOW WE USE YOUR PERSONAL INFORMATION

We collect and use personal information for the following purposes:

  • To communicate with you, which may include:‍
  • ~Contacting you via email, text message, voice call, Linkedin, Zoom, or other means of communication, to provide you with our Services;
  • ~Responding to your direct inquiries, requests, issues or feedback, and providing customer service;
  • ~Adding you to our mailing lists and sending you emails from time to time;

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  • To provide our products and services, which may include: ‍
  • ~Operating the Properties, and providing you with any specific services that you have requested;
  • ~Creating, maintaining, and otherwise managing your account, profile, or subscription;
  • ~Delivering content and product and service offerings relevant to your interests;
  • ~Developing our database of sales associate candidates;

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  • For analytics and personalization, which may include:
  • ~Identifying trends and making inferences about you and your interactions with us or our affiliates or our business partners;
  • ~Conducting research and analytics to improve our services and product offerings or those of our affiliates and business partners;
  • ~Understanding how you interact with our Properties, advertisements, and communications with you to determine which of our products or services are the most popular, and to improve Properties and marketing campaigns;
  • ~Personalizing your experience to save you time when you visit our Properties, and to customize the marketing and advertising that we show you;
  • ~Better understanding our customers’ needs;
  • ~Providing personalized recommendations about our products and services;

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  • For security and fraud prevention, which may include:
  • ~Helping maintain the safety, security, and integrity of our Properties, databases and other technology assets, and business;
  • ~Internal research; technological development and demonstration; and improving, upgrading, or enhancing our Properties;
  • ~Detecting security incidents; protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity;
  • ~Investigating suspected fraud, harassment, or other violations of any law, rule, or regulation, or the policies for our Properties;

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  • To comply with legal obligations, which may include:
  • ~Compliance with legal or regulatory obligations, establishing or exercising our rights, and to defending against a legal claim;
  • ~Responding to law enforcement requests and as required by applicable law, court order, legal process, or governmental regulation;
  • ~Acting in connection with a bankruptcy proceeding or the sale, merger, or change of control of Praction;

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  • To support core business functions, which may include:
  • ~Maintaining records related to business process management, loss and fraud prevention, and to collect amounts owing to us;
  • ~Providing and provide and maintaining the functionality of our Properties, including identifying and repairing errors or problems; and

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  • For any additional purposes that you specifically consent to.

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HOW WE DISCLOSE OR SHARE YOUR INFORMATION

In addition to using your personal information ourselves for the reasons stated above (and as otherwise mentioned in this Privacy Policy), we may disclose your personal information to other affiliates and entities in the following instances:

  • Service Providers. We may share your personal information with third-party service providers who may use your information to provide us with services including, but not limited to: website hosting, data analysis, infrastructure provision, information technology services, customer service, email delivery services, payment processing, auditing, and anti-fraud monitoring. These service providers may have access to personal information that is necessary to perform their functions, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own benefit.
  • Our Customers. If you have successfully completed our sales employee training course, we may share your personal information with our customers who may access the Praction sales associate database.
  • Business and Advertising Partners. We may share your personal information with third parties who partner with us to promote products and services, provide marketing and advertisements, conduct data analytics, or use the data for other commercial purposes. We do not control how these third parties use and share your personal information once they receive it. You will need to contact such third parties directly for information about their privacy practices or to exercise any rights you may have (including if you would like to opt-out of marketing messages).
  • Legal Compliance and to Defend Our Rights. We may disclose personal information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms and Conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
  • Business Transfers. We may share your personal information and other information with third parties in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of Praction, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the assets transferred may include information about the users of our Properties.
  • Non-Personal Information. We may share non-personal information with unaffiliated third parties, such as business and advertising partners, manufacturers, distributors, and retailers, to improve and enhance your experience using the Properties, and for our own market research activities. We publicly commit to maintain and use the information in de-identified or aggregate form, and not to attempt to re-identify the information.  

Please note that if you specifically consent to additional uses of your personal information, we may use your personal information in a manner consistent with that consent.

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LINKS TO OTHER SITES AND SOCIAL MEDIA SERVICES

We may create links to other websites that we think may be of interest to you, such as providers of various products and services. We may also provide links that allow you to send or forward a post from our Properties through or to third-party social media sites, or other means of electronic communication, such as an email or text messaging service. We do not endorse any other websites, providers, or services by providing such links, and this Privacy Policy applies only to your use of our Properties. We are not responsible for the privacy policies of any websites and services we link to on our Properties, and you should read the privacy policies of each site you visit to determine what data that site may collect about you.

The Properties may also integrate with social media services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Properties, we are doing so merely as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly.

You should be aware that any personal information which you voluntarily include and transmit online in a publicly accessible blog, forum, social network, or otherwise may be viewed and used by others. By using such features, you assume the risk that the personal information provided by you may be viewed and used by third parties.

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HOW WE PROTECT YOUR PERSONAL INFORMATION

Personal information is maintained on our servers or those of our vendors, and is accessible by authorized employees, independent contractors, representatives, and agents as necessary for the purposes described in this privacy policy. We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal information. However, no method of safeguarding information is completely secure, and we cannot guarantee that our safeguards will be effective or sufficient. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem at the contact information below.

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DATA RETENTION

We will retain your personal information for as long as your inquiry is active or as needed to provide you with the Properties, and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregate data, or any other data that constitutes non-personal information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

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YOUR CHOICES

Consistent with applicable law, you may exercise the choices described in this section regarding your personal information and communications from us. You may also have certain additional rights available depending on laws in your state or country of residence, as described further below in the Privacy Policy.

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  • Opting Out of Messages

We may send you marketing messages via email, If you receive a marketing message from us, you may unsubscribe from future messages in accordance with our standard unsubscribe process (such as by using the unsubscribe link included in an email), or by sending an unsubscribe request to us at privacy@praction.co. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of our services may no longer be available to you.

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  • Cookies and Tracking Technologies

If you would like to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Properties or some of its functionality may be affected.

Note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. Additionally, if you opt out on one of your devices, that opt out may not be effective on all of your devices. However, please be advised that cookie-based opt-outs are not effective on some mobile services.

Some browsers have a Do Not Track (“DNT”) feature that lets users signal to websites that they do not want to have their online activities tracked. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

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CROSS-BORDER DATA TRANSFERS

If you submit personal information to us, that information may be processed in a jurisdiction where privacy laws may be less stringent than those in your country of residence. By submitting your personal information to us, you agree to the transfer, storage, and processing of such information in foreign jurisdictions including, but not limited to, the United States. Please note that personal information transferred to the United States is subject to access by law enforcement.

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EUROPEAN PRIVACY RIGHTS

IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

Legal Basis
We will only use your personal data, as that term is defined under the General Data Protection Regulation (“GDPR”), when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where you have consented to a certain use of your personal data.
  • Where we need to comply with a legal or regulatory obligation.

To the extent permitted under applicable laws, we will also process, transfer, disclose, and preserve personal data when we have a good faith belief that doing so is necessary.

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Data Controller
Praction is the data controller of all personal data collected through our Properties. To contact us, please see the section below titled Contacting Us.

If you are situated in the EEA, Switzerland, or the UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance. If you have a complaint, please see the section below titled Contacting Us.

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Provision of personal data and failure to provide personal data
Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.

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Withdrawing your consent
If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. Please see the section below titled Contacting Us.

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Data Transfer
We may transfer personal data from the EEA, Switzerland, and the UK to the USA and other countries, some of which have not been determined by the European Commission or the UK Secretary of State to have an adequate level of data protection. Where we use certain vendors, we may use specific contracts approved by the European Commission or the UK Secretary of State which give personal data the same protection it has in Europe. For more information about how we transfer your data, please see the section below titled Contacting Us.

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Use of your personal data for marketing purposes
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

  • Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have consented to our use of your personal data for marketing purposes.

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Data Subject Rights
If you are situated in the European Union, Switzerland, or the UK, under the GDPR, as a data subject, you have the right to:

  • Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

To exercise your rights under the GDPR, please see the section below titled Contacting Us. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

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CHILDREN'S PRIVACY

Our Properties are intended for users ages 18 and over, and we do not knowingly collect personal information from children under the age of 16. When we become aware that personal information (or other information that is protected under applicable law) from a child under 16 has been collected, we will use all reasonable efforts to delete such information from our databases. If you believe we might have any personal information from or about a child under 16, please contact us by using the information the section below titled Contacting Us.

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CHANGES TO THIS POLICY

We reserve the right, at our discretion, to update this Privacy Policy at any time and will notify you of any material changes to the way in which we treat personal information by posting an updated Privacy Policy or other notice on relevant areas of our Website. Any updated version of this Privacy Policy will be effective immediately upon posting unless otherwise specified. Your continued use of the Properties after the effective date of the revised Privacy Policy will constitute your consent to those changes. However, we will not, without your consent, use your personal information in a manner materially different from what was stated at the time your personal information was collected. We encourage you to periodically review the Website for the latest information on our privacy practices.

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CONTACTING US

If you have any questions about our privacy or security practices, you can contact us at privacy@praction.co.

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