Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE TREAT YOUR PERSONAL INFORMATION AND WHAT CHOICES AND RIGHTS YOU HAVE IN THIS REGARD. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE SITE OR ENGAGE IN COMMUNICATIONS WITH US CONCERNING OUR PRODUCTS OR SERVICES.

This site is intended for users located in the United States, and IT is not intended for users located in other countries, including the European Union and the European Economic Area. By using this Site, you acknowledge and agree that you are using the Site from within the United States.

INTRODUCTION

Qualifacts Systems, LLC (also referred to herein as “we,” “us,” and “our”) is committed to protecting the privacy and security of the personal information we collect, use, share, and otherwise process as part of our business. We also believe in transparency, and we are committed to informing you about how we treat your personal information.

When Does This Policy Apply?

This Privacy Policy (the “Policy”) describes our online and offline practices regarding your personal information and the rights you have regarding your personal information. We collect and process personal information online via our website, www.qualifacts.com (the “Site”) and via our social media channels. This policy does not apply to employment-related information or information that we host on behalf of our customers. When we are providing services for a “Covered Entity” customer (for example, a health care provider) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), we act as a “Business Associate,” and we use and disclose Protected Health Information (“PHI”) only as permitted or required under applicable law and our Business Associate Agreements. The Covered Entity’s notice of privacy practices describes and controls how we use and disclose PHI.

WHAT INFORMATION DO WE COLLECT?

We collect the following information from you for the purposes described in the “How Do We Use and Share Your Information?” section of this Policy. If you are a resident of California, please see the “California Privacy Rights” section of this Policy for more information.

Cookies and Similar Technologies

First and Third-Party Cookies

A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” cookie). “Session” cookies are temporarily stored on your device and remain there until they expire at the end of your browsing session. “Persistent” cookies remain stored on your device until they expire or are deleted by you. Local shared objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the website you are visiting, and they can only be read by that site. Third-party cookies are set by a party other than that website.

Other Similar Technologies

In addition to cookies, there are other data collection technologies, such as Internet tags, web beacons, pixels (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as you navigate through and interact with a website. For example, web beacons are tiny graphics with unique identifiers that are used to understand browsing activity. UTM codes are strings that can appear in a URL when you move from one web page or website to another. The string can represent information about your browsing, such as which advertisement, page, or publisher sent you to the receiving website.

What Cookies and Similar Technologies Are in Use and Why Do We Use Them?

We use first-party and third-party cookies and similar technologies as set forth below:

Other Third-Party Technologies

Some third parties may use data collection technologies to collect information about you when you browse the Internet. We do not control these third parties’ technologies or how they may be used. If you have questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

Choices About Cookies

Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being stored. These settings may affect your enjoyment of the Site’s functionality. Adjusting the cookie settings may not fully delete all of the cookies that have already been created. To delete them, you should review your web browser settings after you have changed your cookie settings. The links below provide additional information about how to disable cookies or manage the cookie settings:

Google Chrome: https://support.google.com/chrome/answer/95647?hl=en

Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Microsoft Edge: https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09

Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac and https://support.apple.com/en-us/HT201265

For more information about how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/. You may learn more about internet advertising practices and related consumer resources at https://youradchoices.com/control, https://thenai.org/about-online-advertising/faq, and http://www.networkadvertising.org/choices.

HOW DO WE USE AND SHARE YOUR INFORMATION?

How do we use the information described in this Policy? We use the information described above in order to:

• Operate and improve our business and the Site;
• Provide you with the services, products, content, and functionality you request;
• Honor our terms of use and contracts;
• Manage our relationship with you;
• Process payments, orders, and other transactions;
• Improve our products and services and develop new products and services;
• Maintain our databases and back-ups, including records of our communications with you;
• Ensure the privacy and security of the Site and our services;
• Detect fraud and prevent loss;
• Improve our customer service;
• Communicate with you and respond to your feedback, requests, questions, or inquiries;
• Send you technical notes, updates, security alerts, or administrative messages;
• Notify you about changes to your account the Site, or any products or services we offer or provide through it;
• Promote our products and services to you;
• Contact you about other products and services;
• Improve our marketing efforts, including by providing more tailored advertising;
• Administer a contest, promotion, or survey;
• Assess the success of our marketing and advertising campaigns;
• Support and improve the Site, including evaluations of functionality and features;
• Analyze use of the Site and our services and prepare aggregate traffic information;
• Recognize your device and remember your interactions;
• Provide you with a more personal and interactive experience on the Site;
• Determine and track user interests, trends, needs, and preferences;
• Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
• Obtain and maintain insurance coverage, manage risks, and obtain professional advice;
• Accomplish any other purpose related to and/or ancillary to any of the purposes and uses described in this Policy;
• Accomplish another purpose described to you when you provide the information, for which you have consented, or for which we have a legal basis under law;
• Comply with federal, state, or local laws;
• Comply with a civil, criminal, governmental, or regulatory inquiry, investigation, subpoena, order, summons, or other process;
• Cooperate with law enforcement agencies;
• Exercise or defend legal rights or claims; and
• Create, use, retain, or disclose de-identified or aggregated data.

How do we disclose or share the information described in this Policy? Where permitted by applicable law, we may share the information described in this Policy in the following contexts:

HOW LONG DO WE STORE AND USE YOUR INFORMATION?

We retain and use your information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our products and services, to operate our business, and to enforce our agreements.

We may delete your information if we believe it is incomplete, inaccurate, or that our continued storage of it is contrary to our legal obligations or business objectives. When we delete information, it will be removed from our active servers and databases; but, it may remain in our archives when it is not practical or possible to delete it.

To the extent permitted by law, we may retain and use anonymous, de-identified, or aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement.

We are required by law to maintain records of consumer requests submitted under the California Consumer Privacy Act and how we responded to such requests for at least 24 months. We only use this information for recordkeeping purposes.  If you are a resident of California, please see the “California Privacy Rights” section of this Policy for more information.

HOW DO WE PROTECT YOUR INFORMATION?

We have put security measures in place to protect personal information from being accidentally lost, used, altered, disclosed, or accessed in an unauthorized manner. From time to time, we review our security procedures to consider appropriate new technologies and methods.

While our security measures seek to protect the personal information in our possession, no security system is perfect, and no data transmission is 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information transmitted to or from our Site. Your use of the Site is at your own risk. We cannot guarantee that your personal information will remain secure in all circumstances.

The safety and security of your personal information also depends on you. Where you use a password for access to restricted parts of the Site, you are responsible for keeping the password confidential. Do not share your password with anyone.

If a data breach compromises your personal information, we will notify you and any applicable regulator when we are required to do so by applicable law.

RIGHTS AND CHOICES ABOUT YOUR PERSONAL INFORMATION

Please use the “Contact Us” details provided at the end of this Policy to exercise your rights and choices under this Policy. We honor such requests when we are required to do so under applicable law.

Email Opt-Out. If you no longer wish to receive communications from us via email, you may opt-out by clicking the “unsubscribe” link at the bottom of our email communications, if applicable, or by contacting us at marketing@qualifacts.com and providing your name and email address so that we may identify you in the opt-out process. Once we receive your instruction, we will promptly take corrective action.

Accuracy and Updating Your Personal Information. Our goal is to keep your personal information accurate, current, and complete. If any of the personal information you have provided to us changes, please let us know via the “Contact Us” details at the end of this Policy. You may also edit your account details if you have a user account through the Site. For instance, if your email address changes, you may wish to let us know so that we can communicate with you. If you become aware of inaccurate personal information about you, you may want to update your information. We are not responsible for any losses arising from any inaccurate, inauthentic, deficient, or incomplete personal data that you provide to us.

Complaints. If you believe your rights relating to your personal information have been violated, please contact us via the “Contact Us” details provided at the end of this Policy.

Nevada Residents. If you are a resident of Nevada, you may submit a verified request to us at marketing@qualifacts.com to request that we not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. We will respond to any such request as required by Nevada law.

California Privacy Rights. All terms used in this section shall have the meanings given in the California Consumer Privacy Act, as amended (“CCPA”), when applicable

CCPA Notice at Collection. We collect and process personal information for as described in the “How Do We Use and Share Your Information” section of this Policy. The relevant CCPA categories for this information are listed below. We may provide a separate notice at collection if we collect additional information or intend to use information for additional purposes.

Data Practices During Last 12 Months. The disclosures below describe our data practices during the last twelve months:

• Personal Information Collected: As described in this Policy, we have collected the categories of personal information listed below during the preceding 12 months:
  • Identifiers
  • Categories of Personal Information described in the California Customer Records statute
  • Commercial Information
  • Internet or Other Electronic Network Activity Information
  • Geolocation Data
  • Audio, Electronic, Visual, or Similar Information
  • Professional or Employment-related Information
  • Education Information
  • Characteristics of Protected Classifications
• Categories of Sources: We have collected the personal information identified in this Policy from you, our advertising partners, and trade shows in which we participate.
• Business and Commercial Purposes for Collecting: We have collected the categories of personal information listed above for the purposes listed in the “How Do We Use and Share Your Information” section above.
• Personal Information Sold or Shared: We have sold or shared the categories of personal information listed below during the preceding 12 months. We have sold or shared each category of personal information to the following categories of third parties: (1) subsidiaries and affiliates; (2) distribution partners; (3) advisors (accountants, attorneys); (4) service providers and contractors (data analytics, data storage, mailing, marketing, shipping fulfillment, payment processing, Site and App administration, technical support); and (5) operating systems and platforms. We do not knowingly sell or share the personal information of consumers under 16 years of age.
  • Identifiers
  • Categories of Personal Information described in the California Customer Records statute
  • Commercial Information
  • Internet or Other Electronic Network Activity Information
  • Geolocation Data
  • Audio, Electronic, Visual, or Similar Information
  • Professional or Employment-related Information
  • Education Information
  • Characteristics of Protected Classifications
• Business and Commercial Purposes for Selling/Sharing: We have sold or shared the categories of personal information listed above for the purposes listed in the “How Do We Use and Share Your Information” section above.
• Personal Information Disclosed for a Business Purpose: We have disclosed for a business purpose the categories of personal information listed below during the preceding 12 months. We have disclosed each category of personal information to the following categories of third parties: (1) corporate parents, subsidiaries, and affiliates; (2) advisors (e.g., accountants, attorneys); (3) service providers (e.g., data analytics data storage, mailing, marketing, website and platform administration, technical support); and (4) operating systems and platforms,.
  • Identifiers
  • Categories of Personal Information described in the California Customer Records statute
  • Commercial Information
  • Internet or Other Electronic Network Activity Information
  • Geolocation Data
  • Audio, Electronic, Visual, or Similar Information
  • Professional or Employment-related Information
  • Education Information
  • Characteristics of Protected Classifications
• Business and Commercial Purposes for Disclosing: We have disclosed the categories of personal information listed above for the purposes listed in the “How Do We Use and Share Your Information” section above.

No Financial Incentive. We do not offer financial incentives or any price or service difference in exchange for the retention or sale of your personal information.

Notice of Right to Opt-out of Sale/Sharing. As a California resident, you have the right to direct us to stop selling or sharing your personal information to third parties and to refrain from doing so in the future. We process opt-out preference signals in a frictionless manner. You can implement an opt-out preference by broadcasting an opt-out preference signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). You may also submit a request to opt-out of the selling or sharing of your personal information using the Submission Process identified below.

Limited Use of Sensitive Information. We only use or disclose sensitive personal information for purposes permitted by the CCPA and to which the right to limit does not apply.

CCPA Individual Rights. California consumers have the rights described below. However, these rights do not apply in all instances and are subject to certain exceptions as a matter of law. By way of example, these rights do not apply where we collect or sell a consumer’s personal information if: (1) we collected that information while the consumer was outside of California, (2) no part of a sale of the consumer’s personal information occurred in California, and (3) no personal information collected while the consumer was in California is sold.

Request to Know. As a California resident, you have the right to request: (1) the specific pieces of personal information we have collected about you; (2) the categories of personal information we have collected about you; (3) the categories of sources from which the personal information is collected; (4) the categories of personal information about you that we have sold or shared and the categories of third parties to whom the personal information was sold or shared; (5) the categories of personal information about you that we disclosed for a business purpose and the categories of third parties to whom the personal information was disclosed for a business purpose; (6) the business or commercial purpose for collecting, disclosing,  selling, or sharing personal information; and (7) the categories of third parties to whom we disclose personal information. Our response will cover the 12-month period preceding our receipt of a verifiable request unless a longer period is requested by you.

Request to Delete. As a California resident, you have a right to request the erasure/deletion of certain personal information collected or maintained by us. As described herein, we will delete your personal information from our records and notify any service providers and contractors (as defined under applicable law) to delete your personal information from their records. However, we are not required to honor a deletion request if an exemption applies under the law.

Right to Correct. As a California resident, you have a right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes for which we process the personal information. We will use commercially reasonable efforts to correct the inaccurate personal information as directed by you.

Right to Limit Use and Disclosure. As a resident of California, you have the right to limit our use and disclosure of your sensitive personal information to that use which is necessary to perform our services and provide our goods as requested by you, or as otherwise permitted by law. We only use or disclose sensitive personal information for purposes permitted by the CCPA and to which the right to limit does not apply.

Right to Opt Out. As a resident of California, you have the right to direct us to stop selling or sharing your personal information to third parties and to refrain from doing so in the future.

Submission Process. You may submit a request to exercise one of the above rights via a toll-free telephone call to 866.386.6755 (select option 1 when prompted), by email to marketing@qualifacts.com, or via the online submission form on our Site. If a request is submitted in an incorrect manner or if it is deficient, we will either (1) treat the request as if it had been submitted via the designated manner, or (2) provide you with specific directions on how to submit the request or remedy any deficiencies, as applicable. If you maintain an account with us, we may require you to submit the request through that account.

Verification Process. We are required to verify the identities of those who submit requests to exercise the above rights. To determine whether the individual making the request is the consumer about whom we have collected information, we will verify your identity by matching the identifying information provided by you in the request to the personal information that we already maintain about you. As a part of this process, you will be required to provide your name, email address, company name, and/or telephone number. We will inform you if we cannot verify your identity.

• If we cannot verify the identity of the person making a request for categories of personal information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our privacy policy.
• If we cannot verify the identity of the person making the request for specific pieces of personal information, we are prohibited from disclosing any specific pieces of personal information to the requestor. However, if denied in whole or in part for this reason, we will evaluate the request as if it is seeking the disclosure of categories of personal information about the consumer.
• If we cannot verify the identity of the person making a request to delete, we may deny the request.
• If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

Authorized Agents. Authorized agents may submit requests via the methods identified in this Policy. If you use an authorized agent to submit a request to know or a request to delete, we may require: (1) the authorized agent to provide proof that you gave the agent signed permission to submit the request; (2) you to verify your identity directly with us; and (3) you to directly confirm with us that you provided the authorized agent permission to submit the request. However, we will not require these actions if you have provided the authorized agent with power of attorney pursuant to the California Probate Code.

Excessive Requests. If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the consumer of the reason for refusing the request. If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.

Retention. We are required by law to maintain records of consumer requests submitted under the California Consumer Privacy Act and how we responded to such requests for at least 24 months. We only use this information for recordkeeping purposes.

Non-Discrimination. You have the right not to receive discriminatory treatment by us due to your exercise of the rights provided by the CCPA. We do not offer financial incentives and price or service differences, and we do not discriminate against consumers, employees, applicants, or independent contractors for exercising their rights under the CCPA.

California Shine the Light. Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. At present, we do not share your personal information with third parties for those third parties’ direct marketing purposes. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by contacting us at marketing@qualifacts.com.

THIRD-PARTY SITES

This Policy only applies to the Site, and it does not apply to any third-party websites.

The Site may contain links to, and media or other content from, third parties. These links are to external resources and third parties that have their own privacy policies. Because of the dynamic media capabilities of the Site, it may not be clear to you which links are to external, third-party resources. If you click on an embedded third-party link, you will be redirected away from the Site to the external third-party website. You can check the URL to confirm that you have left this Site.

We cannot and do not (1) guarantee the adequacy of the privacy or security practices employed by or the content and media provided by any third parties or their websites, (2) control third parties’ independent collection or use or your information, or (3) endorse any third-party information, products, services or websites that may be reached through embedded links on this Site.

Any information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet. Our Site and services are not directed to children aged 13 or younger, nor is information knowingly collected from children under the age of 13. No one under the age of 13 may access, browse, or use the Site or provide any information to or on the Site. If you are under 13, please do not use or provide any information on the Site (including, for example, your name, telephone number, email address, or username). If we learn that we have collected or received personal information from a child under the age of 13 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 13, please contact us via the “Contact Us” details provided at the end of this Policy.

For more information about COPPA, please visit the Federal Trade Commission’s website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

UPDATES AND CHANGES TO THIS POLICY

We reserve the right, at any time, to add to, change, update, or modify this Policy to reflect any changes to the way in which we treat your information or in response to changes in law. Should this Policy change, we will post all changes to this Policy on this page. If we make material changes to how we treat your information, we will also notify you through a notice on the homepage of the Site for a reasonable period of time. Any such changes, updates, or modifications shall be effective immediately upon posting on the Site. The date on which this Policy was last modified is identified at the beginning of this Policy.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so that you are aware of any changes. Your continued use of the Site after the “Last Updated” date will constitute your acceptance of and agreement to such changes and to our collection and sharing of your information according to the terms of the then-current Policy. If you do not agree with this Policy and our practices, do not access, view, or use any part of the Site.

CONTACT US

For more information, or if you have any questions or concerns regarding this Policy, wish to exercise your rights, or wish to lodge a complaint with us, you may contact us using the information below, and we will do our best to assist you. Please note, if your communication is sensitive, you may wish to contact us by postal mail or telephone.

In Writing: Qualifacts Systems, LLC

Attn: Privacy Officer
315 Deadrick Street
Suite 2300
Nashville, TN 37238

By Email: marketing@qualifacts.com

Telephone: (866) 386-6755