Last modified: 7, 26, 2018
We at VandalsSmile (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit, access, or use the website www.vandalssmile.com (collectively, the “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to all users and individuals that access or use the Site.
This policy has been updated to inform you as to additional information and rights that you have pursuant to the General Data Protection Regulation effective May 25, 2018 (“GDPR”) applicable to information that we may collect from you if you are located in the European Union. If you are located in the European Union, this policy may refer to you as a “Data Subject” and your information as “Personal Data.” To the extent any information we collect from you constitutes Personal Data under GDPR either before or after we collect it, our processing of that Personal Data will comply with GDPR. If you are not a Data Subject providing your Personal Data to us from within the European Union, GDPR does not apply to you.
This policy applies to information we collect:
- On this Site, or related to your use of this Site;
- In email, text, and other electronic messages between you and this Site;
- Through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site; and
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries);
- Any information that is or becomes public, including information you make available to the public through the Site; or
- Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.
Our Site is only intended for users who are 18 years of age or older and no one under age 18 may provide any information to or on the Site. Furthermore, we do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Site. If we learn we have collected or received personal information from a minor without verification of parental consent, we will delete that information. If you believe we might have any information from or about a minor, please contact us at email@example.com.
Information We Collect About You and How We Collect It
We are a real estate information service business. We collect several types of information from and about users of our Site, including information:
- By which you may be personally identified, such as name, postal address, e-mail address, telephone number, any other information the website collects that is defined as personal or personally identifiable information under an applicable law, or any other identifier by which you may be contacted online or offline (“personal information”);
- That is about you but individually does not identify you;
- About your internet connection, the equipment you use to access our Site and usage details.
We collect this information:
- Directly from you when you provide it to us;
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies;
- From third parties, for example, our business partners; and
- When you use your mobile device we may collect log data, including your location and information about your mobile device.
Information You Provide to Us
The information we collect on or through our Site may include:
- Information that you provide by filling in forms on our Site, including credit card and debit card information (secured using industry-standard technology). This includes information provided at the time of registering to use our Site, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Site;
- Records and copies of your correspondence (including email addresses and recordings of telephone calls to the Company for quality assurance and customer service purposes), if you contact us;
- Your responses to surveys that we might ask you to complete for research purposes; and/or
- Your search queries on the Site.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Site, including traffic data, location data, logs and other communication data and the resources that you access and use on the Site.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically [is statistical data and does not/may] include personal information[, but/or] we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Site according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Site.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our Site [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
[We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.]
How We Use Your Information
We use the information that we collect about you or that you provide to us, including any personal information:
- To present our Site and its contents to you, including to help you find relevant information for your experience;
- To provide you with information, products or services that you request from us;
- To fulfill any other purpose for which you provide it;
- To provide you with notices about your account or subscription, including expiration and renewal notices;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To allow you to participate in interactive features on our Site;
- To provide advertisements to you, including making those advertisements more relevant and applicable to you through usage tracking and analysis (even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria);
- To keep you connected with the Company across the internet, if you permit us to do so;
- To connect you with third parties related to your sale, purchase, or search of real estate;
- To notify you about changes to our Site or any products or services we offer or provide through it;
- To improve and optimize our Site and the services we offer (e.g., by using browser cookies);
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
Under GDPR, we are relying on one or more of the following lawful bases to process your Personal Data:
- Where we process information based on consent, we will ask for your explicit consent. You may withdraw your consent at any time, but that will not affect the lawfulness of the processing of your Personal Data prior to such withdrawal.
- Where we rely on legitimate business interests as a basis for Personal Data processing, you have the right to object. We may process your Personal Data for purposes of our legitimate interests or for the legitimate interests of third parties (such as compliance with laws, to manage corporate transactions, to understand and improve our business or customer relationships generally, etc.), provided that such processing shall not outweigh your rights and freedoms.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates;
- To contractors, service providers, and other third parties we use to support our business;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Site users is among the assets transferred;
- To third parties to market or advertise their products or services to you;
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Site, we will transmit the contents of that email and your email address to the recipients;
- For any other purpose disclosed by us when you provide the information; and
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices about How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us.
IF GDPR DOES NOT APPLY: For those users of our Services and Sites outside of the European Union and for which GDPR does not apply, we have created the following mechanisms to provide you with the following control over your information:
- Disclosure of Your Information for Third-Party Advertising, Promotional Offers and Targeted Advertising. For forms on which we collect information or data, we will switch our practice to the extent applicable law requires so that by default you are opted-out of disclosure of your information for third-party advertising, promotional offers and targeted advertising and can opt-in only by checking the relevant box located on the form on which we collect your information or data.
- Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you should not check the relevant box or if you desire to opt-out after you check the relevant box, you can opt-out by sending us an email stating your request to opt-out.
- Promotional Offers from the Company. If you do not wish to have your email address or contact information used by the Company to promote our own or third parties’ products or services, you should not check the relevant box or if you desire to opt-out after you check the relevant box, you can opt-out by sending us an email stating your request to opt-out. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you should not check the relevant box or if you desire to opt-out after you check the relevant box, you can opt-out by sending us an email stating your request to opt-out. Please note, however, that such an opt-out will only apply to our Site as we do not control third parties’ collection or use of your information to serve interest-based advertising. These third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Please note that, even if you opt-out from certain services or you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information. Likewise, you agree that we may retain a copy (or copies) of your postings and User Contributions as we deem appropriate for our record retention purposes or for the management, improvement, or administration of the Site, Services, or the Company’s other business purposes.
Accessing and Correcting Your Information
For those users of our Services and Sites outside of the European Union and for which GDPR does not apply:
You can review and change your personal information by logging into the Site and visiting your account page.
You may also send us an email to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
IF GDPR APPLIES: For those users of our Services and Sites from within the European Union and for which GDPR applies, we have created the following mechanisms and practices to provide you with the following control over your personal information that comprises GDPR Personal Data:
What are your rights?
By law, if any of your personal information/Personal Data provided to the Company is subject to GDPR in the European Union, you have a number of rights when it comes to your personal information/Personal Data. Further information and advice about your rights can be obtained from the data protection regulator in your country.
IMPORTANT: When you contact the Company to exercise your rights described below, it is very important for security verification and other purposes that you use any email address that you know is associated with the personal information/Personal Data about which you are contacting the Company.
- The right to object to processing
You have the right to object to certain types of processing, including processing for direct marketing (i.e. if you no longer want to be contacted with potential opportunities).
HOW TO EXERCISE YOUR RIGHT: If you want to object to certain types of processing, please direct your communication to firstname.lastname@example.org providing specific and detailed information regarding your objection and requested action.
- The right to be informed
- The right of access
This is so you are aware and can check that we are using your information in accordance with GDPR or any other applicable data protection laws.
HOW TO EXERCISE YOUR RIGHT: If you have questions specific to your personal information/Personal Data and how the Company is using it in accordance with GDPR or other applicable laws, please direct your communication to email@example.com and please be specific and detailed about your questions and the Company will promptly address those questions.
- The right to rectification
You are entitled to have your information corrected if it is inaccurate or incomplete.
HOW TO EXERCISE YOUR RIGHT: If you believe your personal information/Personal Data processed by the Company is incorrect and needs to be updated or otherwise corrected, please check your settings with respect to your account, and if you still believe your Personal Data is inaccurate, direct your communication to firstname.lastname@example.org.
- The right to erasure
This is also known as “the right to be forgotten” and, in simple terms, enables you to request the deletion or removal of your personal information/Personal Data where there’s no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.
HOW TO EXERCISE YOUR RIGHT: If you no longer want the Company to have and process your personal information/Personal Data, please direct your communication to email@example.com.
(NOTE: Consistent with GDPR, the Company may retain a trivial amount of information to keep a record of its compliance with your request.)
- The right to restrict processing
You have rights to “block” or suppress further use of your personal information/Personal Data that the Company processes. When processing is restricted, we can still store your personal information/Personal Data, but may not use it further. We keep lists of people who have asked for further use of their information to be “blocked” to make sure the restriction is respected in future.
For clarity, if you do make these requests, it does not mean that anything we have done with your personal information/Personal Data with your consent up to that point is unlawful.
HOW TO EXERCISE YOUR RIGHT: If you want to restrict the Company from further use of your personal information/Personal Data, please direct your communication firstname.lastname@example.org.
- The right to data portability
You have rights to obtain and reuse your personal information/Personal Data for your own purposes across different services. For example, if you decide to switch to a new provider of services like the Services from the Company that you subscribed to, this enables you to move, copy, or transfer your personal information/Personal Data easily between our IT systems and theirs safely and securely, without affecting its usability.
HOW TO EXERCISE YOUR RIGHT: If you want the Company to export your personal information/Personal Data for portability, please direct your communication to email@example.com.
(NOTE: The Company will retain and continue to process your personal information/Personal Data unless you also request to be forgotten or request restricted or blocked processing.)
- The right to lodge a complaint
You have the right to lodge a complaint about the way we handle or process your personal information/Personal Data with your national data protection regulator. However, we hope you will contact the Company first (firstname.lastname@example.org) so the Company can try to address your complaint directly.
HOW TO EXERCISE YOUR RIGHT: If you want to lodge a complaint with the Company, please direct your communication to email@example.com.
- The right to withdraw consent
If you have given your consent to anything we do with your personal information/Personal Data, you have the right to withdraw your consent at any time. This includes your right to withdraw consent to us using your personal information/Personal Data for marketing purposes.
HOW TO EXERCISE YOUR RIGHT: If you want the Company to withdraw your consent to process your personal information/Personal Data, please direct your communication to firstname.lastname@example.org.
We usually act on requests and provide personal information/Personal Data free of charge, but may charge a reasonable fee to cover our administrative costs of providing the personal information/Personal Data for baseless or excessive/repeated requests, or further copies of the same personal information/Personal Data. Alternatively, we also may be entitled to refuse to act on the request.
Please consider your request responsibly before submitting it. We will respond as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we will come back to you and let you know.
Most importantly, PLEASE UNDERSTAND that if you are a subscriber to our Service, many types of personal information/Personal Data are necessary for us to maintain and continue your account, along with the subscription to any Services which that personal information/Personal Data is associated. If the personal information/Personal Data can no longer be used by the Company for that purpose, we may need to terminate your account and/or subscription (without any refund) and discontinue access to and the use of the Service and/or Sites to which the personal information/Personal Data is associated. We will use reasonable efforts to advise you of any such adverse consequences of restricting or removing our ability to maintain accounts and subscriptions by requests related to Personal Data, e.g. removal, restriction, blocking, etc.
The Company’s Retention of Personal Data Under GDPR and Other Applicable Laws
We only retain your personal information/Personal Data for as long as is necessary for us to use your information as described above or to comply with our legal obligations and legitimate interests. Please be advised that this means that we may retain some of your personal information/Personal Data after you cease to use our Services. For instance, we may retain your data as necessary to meet our legal obligations, such as for tax and accounting purposes.
When determining the relevant period in which we retain or establish/revise periods for retaining personal information/Personal Data, we will take the following factors into account:
- Our contractual obligations and rights in relation to the information involved;
- Legal obligation(s) under applicable law to retain data for a certain period of time or with respect to pending or anticipated legal actions;
- Our legitimate interest where we weigh your interest in controlling your Personal Data and against our lawful purpose in processing your Personal Data;
- Statutes of limitations under applicable law(s);
- If you have made a request to have your information deleted; and
- Guidelines issued by relevant data protection authorities.
Otherwise, pursuant to GDPR, we will securely erase your personal information/Personal Data once there is no lawful basis or legal obligation to store or process it.
Where Your Information will be Held
In order to provide the Services, your Personal Data may be transferred to and stored at a destination outside of your country and the European Economic Area (“EAA”), and in particular, in the United States. It may also be processed by any service providers appointed by us who operate outside of the EEA and their staff. By submitting your Personal Data, you agree to this transfer, storing or processing outside of the EEA or your country and acknowledge that not all countries guarantee the same level of protection for your Personal Data as the one in which you reside. Data transferred will be treated in accordance with this policy and where applicable, the GDPR.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted [using SSL technology].
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [EMAIL ADDRESS].
Copyright © 2018 VandalsSmile. ALL RIGHTS RESERVED.