PRIVACY POLICY

Last Updated June 2018

We at Vertucci Consulting, LLC (“The Vertucci Group,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy applies to our information collection and use practices: (i) online when you visit any of our websites, including, without limitation, www,thevertuccigroup.com, www.vertuccicareeracademy (the “Websites”); and (ii) offline when you provide information to us.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service.

Acceptance of Terms

By visiting any of our Websites, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service, both of which govern your use of the Websites. By providing us information offline, you are also agreeing to the terms of this Privacy Policy.

The Information We Collect

In the course of operating the Websites and/or interacting with you, we will collect (and/or receive) the following types of information.

1. Personal Information.

When you sign up to receive any of our newsletters, respond to a survey, register for a class, or purchase any product or service, you may be required to provide us with personal information about yourself, such as your name, address, email address, and phone number. We do not collect any personal information from Visitors when they use the Websites unless they provide such information voluntarily, such as by registering or sending us an email or signing up for a newsletter. All information we collect and/or receive under this section is collectively called “Personal Information.”

2. Order Information.

When you place an Order, you must provide us with certain information about the products and services you are seeking to purchase. Such information is collectively called the “Order Information.”

3. Billing Information.

When you wish to purchase a product or service, you will be required to provide certain information in addition to the Personal Information and Order Information noted above. Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information. Such information is collectively called the “Billing Information.” Although we will have access to the Billing Information, it will also be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use.

4. Other Information.

In addition to the information noted above, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:

a. From You. Additional information about yourself that you voluntarily provide to us (e.g., via a survey), such as household income range, gender, product and service preferences, and other information that does not identify you personally.

b. From Your Activity. Information that we automatically collect when you use the Websites, including, without limitation:

  • IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages; what sections of the Websites you visit; and similar data; and
  • Information about your device, including the type of device; universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); and similar data.

c. From Cookies. Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Websites. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Websites may not function properly.

d. Third-Party Analytics. We use third-party analytics services (such as Google Analytics) to evaluate your use of the Websites, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Websites and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Websites, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Websites.

e. From Other Sources. We also may collect or receive information from third parties, such as Facebook and/or other third-party social media sites.

Information Collected by or Through Third-Party Advertising Companies

We may share Other Information about your activity on the Websites with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Websites and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.

Accessing and Modifying Personal Information and Communication Preferences

If you have registered for the Websites, you may access, review, and make changes to your Personal Information, Billing Information, and certain Other Information by following the instructions found on the Websites. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Vertucci Consulting, LLC (The Vertucci Group) marketing email. Customers cannot opt out of receiving transactional emails related to their account or their Orders. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

How We Use and Share the Information

We use the Personal Information, the Order Information, the Billing Information, and the Other Information (collectively, the “Information”) to provide our services; to process Orders; to administer our rewards and promotional programs; to maintain and improve our Websites and services to you; to solicit your feedback; and to inform you about our products and services and those of our third-party marketing partners.

We may also use and/or share Information as described below.

  • Vertucci Consulting, LLC (The Vertucci Group) will access, use, and share the Information as required to process your Orders and provide support to you.
  • In order to provide our services and administer our rewards and promotional programs, we may share the Information (excluding the Billing Information) with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
  • With your permission, third-party applications or services may access your Personal Information. We use standard OAuth (open authorization) to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information). We also use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.
  • We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, Order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
  • In an ongoing effort to better understand our Visitors, customers, and our products and services, we may analyze the Order Information and Other Information in aggregate form in order to operate, maintain, manage, and improve the Websites and/or our products and services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.
  • We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
  • As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
  • To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Marie Forleo International or others.

Information You Share

Please keep in mind that whenever you voluntarily make your Personal Information available to third parties — for example on message boards or web logs; through email; during webinars, classes, telephone conferences, or coaching calls; or in comment or chat areas — that information can be seen, collected, heard, and/or used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

How We Protect the Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Websites may not be secure, and you should therefore take special care in deciding what information you send to us via email.

Important Notice to Non-U.S. Residents

It is important to note that the Websites and their servers are operated in the United States. If you are located outside of the United States, please be aware that any Information you provide to us will be transferred to the United States. By using the Websites and by providing us Information when using our services, you hereby irrevocably consent to this transfer and our use of the Information and data provided by you in accordance with this Privacy Policy.

Children

We do not knowingly collect Personal Information from children under the age of 13 through the Websites. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Websites without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

California Residents

Vertucci Consulting, LLC (The Vertucci Group) does not monitor, recognize, or honor any behavioral advertising opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

External Websites

The Websites may contain links to third-party websites. We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Data Privacy Policy Addendum (GDPR)

Last Updated: June 2018
This Data Privacy Addendum (“Addendum”) is subject to the terms of, and fully incorporated and made part of, the Vertucci Consulting, LLC (The Vertucci Group) Terms of Service, located in the above (the “Agreement”). It applies in respect of the provision of the Vertucci Consulting, LLC (The Vertucci Group) services to the Customer if the Processing of User Personal Data is subject to the GDPR, only to the extent the Customer is a Controller (or Processor, as applicable) of User Personal Data and Vertucci Consulting, LLC (The Vertucci Group) is a Processor or sub-Processor of User Personal Data (as defined below). This Addendum shall amend and supplement any provisions relating to the processing of User Personal Data contained in the Agreement and shall be effective for the term of the Agreement.
 

1.    Definitions

1.1. For the purposes of this Addendum:

·     “User Personal Data” means Personal Data uploaded to or published, displayed or backed up through the Vertucci Consulting, LLC (The Vertucci Group) Services, as further described under Section 3 of this Addendum;

·     “GDPR” means the General Data Protection Regulation (EU) 2016/679, together with any national implementing laws in any Member State of the European Union, as amended, repealed, consolidated or replaced from time to time; and

·     “Personal Data”, “Personal Data Breach”, “Data Subject”, “Data Protection Authority”, “Data Protection Impact Assessment”, “Process”, “Processor” and “Controller” will each have the meaning given to them in Article 4 of the GDPR.

1.2. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement.
 

2. Details of The Processing

2.1. Categories of Data Subjects. This Addendum applies to the Processing of User Personal Data relating to Customer’s clients or prospects, suppliers, business partners, vendors and other end users, the extent of which is determined and controlled by Customer in its sole discretion.
 

2.2. Types of Personal Data. User Personal Data includes Personal Data, the extent of which is determined and controlled by Customer in its sole discretion, contained in any applications, files, data, information or other content uploaded to or published, displayed or backed up by Customer or its end users through the Vertucci Consulting, LLC (The Vertucci Group) Services.

3. Processing of User Personal Data

3.1. For purposes of this Addendum, Customer and Vertucci Consulting, LLC (The Vertucci Group) agree that Customer is the Controller of User Personal Data and Vertucci Consulting, LLC (The Vertucci Group) is the Processor of such data, except when Customer acts as a Processor of User Personal Data, in which case Vertucci Consulting, LLC (The Vertucci Group) is a sub-Processor. If Customer is a Processor, Customer warrants that Customer’s instructions to Vertucci Consulting, LLC (The Vertucci Group) with respect to that User Personal Data, including Customer’s designation of Vertucci Consulting, LLC (The Vertucci Group) as a sub-Processor, have been authorized by the relevant Controller.
 

3.2.  will only Process User Personal Data on behalf of and in accordance with the Customer’s prior written instructions and for no other purpose.  is hereby instructed to Process User Personal Data to the extent necessary to enable Vertucci Consulting, LLC (The Vertucci Group) to provide the Vertucci Consulting, LLC (The Vertucci Group) Services in accordance with the Agreement.
 

3.3. Each of the Customer and Vertucci Consulting, LLC (The Vertucci Group) will comply with their respective obligations under the GDPR, to the extent applicable to the Processing of any User Personal Data in the context of the provision of the Vertucci Consulting, LLC (The Vertucci Group) Services. Customer will (i) comply with all applicable privacy and data protection laws with respect to Customer’s Processing of User Personal Data and any Processing instructions that Customer issues to Vertucci Consulting, LLC (The Vertucci Group), and (ii) ensure that Customer has obtained (or will obtain) all consents and rights necessary for Vertucci Consulting, LLC (The Vertucci Group) to Process User Personal Data in accordance with this Addendum.
 

3.4. Customer will select the country where User Personal Data will be stored. Customer consents to the storage of the User Personal Data in the country that Customer chooses when Customer purchases specific Services. By uploading User Personal Data to the Services, Customer acknowledges that Customer may transfer and access User Personal Data from around the world, including to and from the country in which User Personal Data is maintained.
 

3.5. For Customers located in the European Economic Area or Switzerland, Customer acknowledges that Vertucci Consulting, LLC (The Vertucci Group) may process User Personal Data in countries outside of the European Economic Area and Switzerland as necessary to provide the Vertucci Consulting, LLC (The Vertucci Group) Services and in accordance with the terms of this Addendum. Where this is the case, Vertucci Consulting, LLC (The Vertucci Group) will take such measures as are necessary to ensure that the transfer is in compliance with applicable data protection laws.
 

3.6. The Customer acknowledges that Vertucci Consulting, LLC (The Vertucci Group) is reliant on the Customer for direction as to the extent to which Vertucci Consulting, LLC (The Vertucci Group) is entitled to use and Process User Personal Data on behalf of Customer in performance of the Vertucci Consulting, LLC (The Vertucci Group)  Services. Consequently, Vertucci Consulting, LLC (The Vertucci Group) will not be liable under the Agreement for any claim brought by a Data Subject arising from any action or omission by Vertucci Consulting, LLC (The Vertucci Group), to the extent that such action or omission resulted directly from the Customer’s instructions or from Customer’s failure to comply with its obligations under the applicable data protection law.
 

3.7. If for any reason (including a change in applicable law) Vertucci Consulting, LLC (The Vertucci Group)  becomes unable to comply with any instructions of the Customer regarding the Processing of User Personal Data, Vertucci Consulting, LLC (The Vertucci Group)  will (a) promptly notify the Customer of such inability, providing a reasonable level of detail as to the instructions with which it cannot comply and the reasons why it cannot comply, to the greatest extent permitted by applicable law; and (b) cease all Processing of the affected User Personal Data (other than merely storing and maintaining the security of the affected User Personal Data) until such time as the Customer issues new instructions with which Vertucci Consulting, LLC (The Vertucci Group)  is able to comply. If this provision applies, Vertucci Consulting, LLC (The Vertucci Group) will not be liable to Customer under the Agreement in respect of any failure to perform the Vertucci Consulting, LLC (The Vertucci Group) Services due to its inability to process User Personal Data until such time as the Customer issues new instructions in regard to such Processing.
 

4. Confidentiality

4.1. Vertucci Consulting, LLC (The Vertucci Group) will ensure that any person whom Customer authorises to Process User Personal Data on its behalf is subject to confidentiality obligations in respect of that User Personal Data.

 

5. Security Measures

5.1. Vertucci Consulting, LLC (The Vertucci Group) will implement appropriate technical and organisational measures to protect against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to User Personal Data.
 

5.2. Vertucci Consulting, LLC (The Vertucci Group) will, at the Customer’s request and subject to the Customer paying all of Vertucci Consulting, LLC (The Vertucci Group)’s fees at prevailing rates, and all expenses, provide the Customer with assistance necessary for the fulfilment of the Customer’s obligation to keep User Personal Data secure.
 

6. Sub-processors

6.1. Customer authorizes Vertucci Consulting, LLC (The Vertucci Group) to engage sub-Processors to perform specific services on Vertucci Consulting, LLC (The Vertucci Group)’s behalf which may require such sub-Processors to Process User Personal Data. If Vertucci Consulting, LLC (The Vertucci Group) engages a sub-Processor to Process any User Personal Data, it will

·     inform Customer of any intended changes concerning the addition or replacement of such sub-Processors, to the greatest extent permitted by applicable law, and Customer will have an opportunity to object to such changes on reasonable grounds within fifteen (15) business days after being notified. If the parties are unable to resolve such objection, either party may terminate the Agreement by providing written notice to the other party;

·     keep the Customer informed if there is any change to the role or status of the sub-Processor; and

·     enter into a written agreement with the sub-Processor that imposes on the sub-Processor the same obligations that apply to Vertucci Consulting, LLC (The Vertucci Group) under the Addendum.

7. Data Subject Rights

7.1. Vertucci Consulting, LLC (The Vertucci Group) will, at the Customer’s request and subject to the Customer paying all of Vertucci Consulting, LLC (The Vertucci Group)’s fees at prevailing rates, and all expenses, provide the Customer with assistance necessary for the fulfilment of the Customer’s obligation to respond to requests for the exercise of Data Subjects’ rights. Customer shall be solely responsible for responding to such requests.
 

8. Security Breaches

8.1. Vertucci Consulting, LLC (The Vertucci Group) will:

·     notify the Customer as soon as practicable after it becomes aware of any Personal Data Breach affecting any User Personal Data; and

·     at the Customer’s request and subject to the Customer paying all of Vertucci Consulting, LLC (The Vertucci Group)’s fees at prevailing rates, and all expenses, promptly provide the Customer with all reasonable assistance necessary to enable the Customer to notify relevant security breaches to the relevant Data Protection Authorities and/or affected Data Subjects.

9. Data Protection Impact Assessment; Prior Consultation

9.1. Vertucci Consulting, LLC (The Vertucci Group) will, at the Customer’s request and subject to the Customer paying all of Vertucci Consulting, LLC (The Vertucci Group)’s fees at prevailing rates, and all expenses, provide the Customer with reasonable assistance to facilitate:

·     the conduct of Data Protection Impact Assessments if the Customer is required to do so under the GDPR; and

·     consultation with Data Protection Authorities, if the Customer is required to engage in consultation under the GDPR, in each case solely to the extent that such assistance is necessary and relates to the Processing by the Vertucci Consulting, LLC (The Vertucci Group) of the User Personal Data, taking into account the nature of the Processing and the information available to Vertucci Consulting, LLC (The Vertucci Group).

10. Deletion of User Personal Data

10.1. On expiration of the Agreement, Customer instructs Vertucci Consulting, LLC (The Vertucci Group)  to permanently and securely delete all User Personal Data in the possession or control of Vertucci Consulting, LLC (The Vertucci Group)  or any of its sub-Processors, within a reasonable period of time (unless the applicable law of the EU or of an EU Member State requires otherwise), except if the Customer requests, prior to expiration of the Agreement, to have access to the Vertucci Consulting, LLC (The Vertucci Group)  Services in order to retrieve User Personal Data in accordance with Clause 9(d) of the Agreement.
 

11. Information

11.1. Vertucci Consulting, LLC (The Vertucci Group)  will, at Customer’s request and subject to the Customer paying all of Vertucci Consulting, LLC (The Vertucci Group)’s fees at prevailing rates, and all expenses, provide the Customer with all information necessary to enable the Customer to demonstrate compliance with its obligations under the GDPR, and allow for and contribute to audits, including inspections, conducted by the Customer or an auditor mandated by the Customer, to the extent that such information is within Vertucci Consulting, LLC (The Vertucci Group)’s control and Vertucci Consulting, LLC (The Vertucci Group)  is not precluded from disclosing it by applicable law, a duty of confidentiality, or any other obligation owed to a third party.

12. Order of Precedence

12.1. With regard to the subject matter of this Addendum, in the event of inconsistencies between the provisions of this Addendum and any other agreements between the parties, including the Agreement, the provisions of this Addendum shall prevail.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. By accessing the Websites and/or using our services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact us via email info@thevertuccigroup.com with “Privacy Policy” in the subject line.