This Privacy Statement (“Privacy Statement”) explains PainHero Inc. (“PainHero” or “we” “our”) privacy practices and describes the ways in which we use (and don’t use) the information we receive from you and via painhero.ca in order for you to utilize the Services which we define and described in this Statement.
By using the Sites and Services (as defined below) you consent to the terms of this Privacy Statement. If you do not agree to the terms and conditions of this Privacy Statement, including having your personally identifiable information (“Personal Information” as defined herein below) used in any of the ways described in this Privacy Statement do not provide us with your information. If you don’t provide us with your information you may not be able to use certain parts or features of the Sites or the Services.
We may update this Privacy Statement from time-to-time in our sole discretion. We reserve the right to change this Privacy Statement at any time but will provide you a notification of the change at least thirty (30) business days prior to the change taking effect. It is your responsibility to review this Privacy Statement for any changes each time that you use the Sites and Services.
Use of the Sites and Services by you following our posting of a new Privacy Statement on our Sites constitutes your acceptance of the Privacy Statement as modified. In the event we materially change the way in which we use your Personal Information, we will provide you with notice and ask you to affirmatively accept the changes to a new Privacy Statement.
This Privacy Statement applies to all of PainHero’s Services. This Privacy Statement is incorporated as part of PainHero’s Terms of Service which applies with to your use of the Site and Services.
PainHero is in the business of providing call performance tracking software and call handling training program. Our application offers features such as call logging, call recording, call routing, and conversational analysis. We also offer expert consultations, online training classes and webinars to guide our customers on improving call performance (“Services”).
PainHero collects the information on the callers that call our business customers through the phone numbers that are monitored by PainHero. This information includes: (1) the caller’s phone number, (2) the name displayed on the Caller ID (when available), and other data that may be correlated through your business customer’s data sources. The data is collected in order to display relevant caller information related to an incoming phone call.
When you register on our Sites we collect your Personal Information. Personal Information refers to information that tells us specifically who you are, such as your name, phone number, email, and postal address. We also collect company name and billing information but we do not store any of your billing information.
We may also use Personal Information you provide when you visit our Sites or become a registered user of the Products or Services or to contact you to further discuss the Products and Services that we provide, and to send information regarding PainHero, such as promotions, contests and events. Site Visitors and registered users are invited to receive an email newsletter by providing an email address.
You may opt out of providing your Personal Information by not entering it when asked.
We do not share with or disclose Personal Information to third parties, except when one or more of the following conditions is true:
– We have your permission to make the disclosure;
– The disclosure is necessary for the purpose for which the Personal Information was obtained;
– The disclosure is to our credit card service provider in order to fulfill and carry out the purchase and provision of the Services requested by you;
– The disclosure is permitted by relevant law;
– The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
– The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
– The disclosure is for our own marketing purposes, or, with your authorization, for the marketing purposes of third parties;
– The party to whom the disclosure is made controls, is controlled by, or is under common control with PainHero;
– The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
– The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our PainHero Membership Agreement, even without a subpoena, warrant or court order; or
– The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, providing marketing assistance, and data analysis (“Administrative Service Providers”), including Administrative Service Providers outside the country or jurisdiction in which you reside.
– If you’re a Canadian citizen, you will need to provide us with your express consent to being contacted by us, or receiving such information from us when you register to use the Services by selecting to opt in. This consent will be necessary in order to receive information regarding updates to the Services and for us to send you information regarding PainHero, such as promotions, contests and events.
– Again, your email will not be distributed or shared with third parties and you can revoke your consent at anytime to stop receiving any communication by emailing [email protected].
– If, at any time after registering for information or ordering the Service, you change your mind about receiving information from us send us a request specifying your new choice. Simply send your request to [email protected].
You may opt out of being contacted by us, or receiving such information from us, at any time by sending an email to [email protected]. Separately, you may ask to provide an email address when registering for the Services.
We may also email you information regarding updates to the Services and to send information regarding PainHero, such as promotions, contests and events. Again, email will not be distributed or shared with third parties and you can opt out of receiving any communication by emailing [email protected] at the time it is distributed, or at the time any individual registers for the Service.
If, at any time after registering for information or ordering the Service, you change your mind about receiving information from us send us a request specifying your new choice. Simply send your request to [email protected].
Do-Not-Track is a public-private initiative, http://www.w3.org/2011/tracking-protection/, that has developed a technical “flag” or signal that an end-user may be able to activate within their browser software to notify websites that they do not wish to be “tracked” by 3rdparties as defined by the initiative. The initiative, however, has not reached a consensus as to exactly what technical or other actions those parties receiving the signal should take. As a result, Do-Not-Track has not yet been standardized and most websites, including PainHero, do not alter their behavior or change their services when they receive a “do-not-track” flag or signal.
Data about your activities online is being collected on our Sites for use in providing advertising tailored to your individual interests. We may use third parties such as network advertisers and ad exchanges to serve advertisements across the Internet and may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party sites and viewing of ads and of our content. Third parties may offer you a choice as to whether or not to have your information collected for that purpose. This section of the Privacy Statement provides details and explains how to exercise that choice.
You may see certain ads on other websites because we participate in advertising networks administered by third parties. These networks track your online activities over time by collecting information through automated means, including through the use of the technologies described in the “Do Not Track” Section above, and they use this information to show you advertisements that are tailored to your individual interests. The information they collect includes information about your visits to our websites, such as the pages you have viewed.
These third-party Tracking Technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your device and may set or change settings on your device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities.
This collection and ad targeting takes place both on our websites and on third-party websites that participate in the ad network, such as sites that feature advertisements delivered by the ad network.
Third-party Tracking Technologies are not controlled by us, even if they use our technology to help store or collect data. Statements regarding our practices do not apply to the methods for collecting information used by these third-party advertisers and others or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with the information on their practices and any available opportunity to exercise choice.
Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver targeted content and/or ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different device or change web browsers, your NAI opt-out may not, or may no longer, be effective. Additional information is available on the NAI’s website accessible by the above link.
You may also be able to opt-out of receiving third-party behavioral ads by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/#completed. Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of or compliance with any third-parties’ opt-out options.
To update billing information please email [email protected]. To discontinue the Service, email [email protected]. PainHero will respond to your correction or update request within at most 30 days from the date of your request.
Information collected is retained by PainHero is retained indefinitely and available to our client for as long as they remain a client in good standing. If a client cancels their account (or is terminated for any reason), we make no guarantee that their data will remain if they wish to return later.
We restrict access to information collected about our customers and our visitors at our Sites to our employees, our affiliates’ employees, or others who need to know that information to provide services to our visitors or customers or in the course of conducting our normal business operations. We maintain appropriate physical, electronic, and procedural safeguards to protect the information collected via the Sites. We also advise all PainHero employees about their responsibility to protect customer data and we provide them with appropriate guidelines for adhering to our Company’s business ethics standards and confidentiality policies.
PainHero protects its databases with various physical, technical and procedural measures and we restrict unauthorized access to our visitor and customer information. While we implement these and other security measures on our sites, please note that 100% security is not always possible. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.
PainHero does not intend the Site and Services to be used by individuals under the age of 13. We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us at [email protected] and we will use our best efforts to remove such information from our databases.
Additionally, in the event that any one of the Sites offers a message board or any other interactive or social-type feature on a website administered directly by us, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, ingredients, tips, etc.). Although we may take certain precautions to protect those who use these areas of the PainHero’s Sites, we encourage you to be wary of giving out any personal information in such public forums. The information you post can be collected and used by people you don’t know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.
Our application and database servers are located with Amazon Web Services (AWS). Some files, including stored audio recordings, are also stored with AWS. Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you expressly consent to having your personal data transferred to, processed, and stored in the United States.