Privacy Policy for HelmsBriscoe Systems

Interpretation

The words for which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning, regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' Personal Data and determines the purposes and means of the processing of Consumers' Personal Data, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of Consumers' Personal Data.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to HelmsBriscoe Performance Group, Inc., an Arizona corporation with its headquarters located at 20875 N. 90th Pl. STE 210, Scottsdale, AZ 85255. For the purpose of the GDPR, the Company is the Data Controller.

Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.

Personal Data is any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's Personal Data to another business or a third party for monetary or other valuable consideration.

Service refers to the Website.

Service Provider means any natural or legal person who processes the relevant data on behalf of the Company. It refers to third‐party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers may be considered Data Processors.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to the HelmsBriscoe website accessed via https://www.helmsbriscoe.com 

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.

The Service Providers We use may have access to Your Personal Data. These third‐party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Analytics

We may use third‐party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt‐out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt‐out browser add‐on. The add‐on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and applies solely to those visitors, users, and others who reside in the State of California.

Categories of Personal Data Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of Personal Data which we may collect or may have been collected from California residents within the prior twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of Personal Data were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of Personal Data would only be collected if You provided such Personal Data directly to Us.

Category A: Identifiers. Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers. Collected: Name, business address, Internet Protocol address and/or phone number are the only fields that may be collected from the list above.

Category B: Personal Information Categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Data included in this category may overlap with other categories. Collected: Name, business address and/or phone number are the only fields that may be collected from the list above.

Category C: Protected classification characteristics under California or federal law. Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Collected: No.

Category D: Commercial information. Examples: Records and history of products or services purchased or considered. Collected: No.

Category E: Biometric information. Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Collected: No.

Category F: Internet or other similar network activity. Examples: Interaction with our Service or advertisement. Collected: Yes.

Category G: Geolocation data. Examples: Approximate physical location. Collected: No.

Category H: Sensory data. Examples: Audio, electronic, visual, thermal, olfactory, or similar information. Collected: No.

Category I: Professional or employment‐related information. Examples: Current or past job history or performance evaluations. Collected: No.

Category J: Non‐public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Collected: No.

Category K: Inferences drawn from other Personal Data. Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Collected: No.

 

Note that under CCPA, Personal Data does not include:

• Publicly available information from government records
• Deidentified or aggregated consumer information
• Information excluded from the CCPA's scope, such as:

1. Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
2. Personal information covered by certain sector‐specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm‐Leach‐Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

 

Sources of Personal Data

We obtain the categories of Personal Data listed in the categories above from the following sources:

• Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service.
• Indirectly from You. For example, from observing Your activity on our Service.
• Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
• From Service Providers. For example, third‐party vendors who monitor and analyze the use of our Service, or other third‐party vendors that We use to provide the Service to You.

 

Use of Personal Data for Business Purposes or Commercial Purposes

We may use or disclose Personal Data We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:

• To operate our Service and provide You with our Service.
• To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
• To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that Personal Data to respond to Your inquiry.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to You when collecting Your Personal Data or as otherwise set forth in the CCPA.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the "Use of Your Personal Data" section.

If We decide to collect additional categories of Personal Data or use the Personal Data We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

 

Disclosure of Personal Data for Business Purposes or Commercial Purposes

We may use or disclose and may have used or disclosed in the prior twelve (12) months the following categories of Personal Data for business purposes in the execution of our Services to You:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category F: Internet or other similar network activity

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of Personal Data were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose Personal Data for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except in connection with performing the contract.

 

Sale of Personal Data

We do not sell any of the data You provide to Us, including Personal Data. As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's Personal Information by the business to a third party for valuable consideration.

 

Share of Personal Data

We may share Your Personal Data identified in the above categories with the following categories of third parties:

• Service Providers – Storing data and hosting Our Service
• Our affiliates
• Our business partners
• Third party vendors to whom You or Your agents authorize Us to disclose Your Personal Data in connection with products or services We provide to You

 

Sale of Personal Data of Minors Under 16 Years of Age

We do not knowingly collect Personal Data from minors under the age of 16 through our Service. We do not sell the Personal Data stored or collected through Our Service.

If You have reason to believe that a minor has provided Us with Personal Data, please contact Us with sufficient detail to enable Us to delete that information.

 

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their Personal Data. If You are a resident of California, You have the following rights:

• The right to notice. You have the right to be notified of which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to request. Under the CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and any sharing of Personal Data. Once We receive and confirm Your request, We will disclose to You:

1. The categories of Personal Data We collected about You
2. The categories of sources for the Personal Data We collected about You
3. Our business or commercial purpose for collecting that Personal Data
4. The categories of third parties with whom We share that Personal Data
5. The specific pieces of Personal Data We collected about You
6. If we sold Your Personal Data or disclosed Your Personal Data for a business purpose, We will disclose to You:

1. The categories of Personal Data categories sold
2. The categories of Personal Data categories disclosed

• The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your Personal Data from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:

1. Complete the transaction for which We collected the Personal Data, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer‐reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which You provided it.

• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by:

1. Denying goods or services to You
2. Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
3. Providing a different level or quality of goods or services to You
4. Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services

 

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:

• By email: info@helmsbriscoe.com
• By phone number: 480.718.1111
• By mail: 20875 N. 90th Pl. STE 210, Scottsdale, AZ 85255

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your Personal Data.

Your request to Us must:

• Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected Personal Data (or an authorized representative)
• Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it

We cannot respond to Your request or provide You with the required information if We cannot:

• Verify Your identity or authority to make the request
• And confirm that the Personal Data relates to You

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures We provide will only cover the 12‐month period preceding the verifiable request's receipt.

For data portability requests, We will select a format to provide Your Personal Data that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

 

Do Not Sell My Personal Data

There is no need to Opt‐out of the sale of Your Personal Data. We do not sell Personal Data or Personal Data of any kind or any of the data collected through Our Service.

Mobile Devices

Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:

• "Opt out of Interest‐Based Ads" or "Opt out of Ads Personalization" on Android devices
• "Limit Ad Tracking" on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and include a "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.