Effective date: June 21, 2021
Data Controller Contact Information
Sage Wave Media, LLC
11835 Carmel Mountain Road Number 1304 PMB-257
San Diego, California 92128
Description of Users and Acceptance of Terms
NONPERSONAL DATA (“NPD”) is information that is in no way personally identifiable.
PERSONAL DATA (“PD”) means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information. However, PD is broader in scope and covers more data. “GDPR” means General Data Protection Regulation.
You Have the Right Not to Have Your Personal Information Sold
You have the right to request that we do not sell any of your personal information.
Personal information for this section means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements when the name and data elements are not encrypted: social security number, driver’s license number, driver authorization card number, or identification card number. Account number, credit card number, or debit card number, in combination with any required security code, access code, or password that would permit access to the person’s financial account. A medical identification number or a health insurance identification number. A username, unique identifier, or electronic mail address in combination with a password, access code, or security question and answer that would permit access to an online account.
If you wish to make this request, please email us at: [email protected] telling us that you do not want to have any of your personal information sold. Please include enough personal information so that we can reasonably verify your identification. We will respond to your request within 60 days after receiving it.
Your Rights Under the GDPR
When using our services and submitting PD to us, you may have certain rights under the GDPR if you reside in, are a citizen of, or are located in any of the countries of the European Union. Depending on the legal basis for processing your PD you may have some or all of the following rights:
- The Right to Be Informed – You have the right to be informed about the PD that we collect from you and how we process them.
- The Right of Access – You have the right to get confirmation that your PD are being processed and you have the ability to access your PD.
- The Right to Rectification – You have the right to have your PD corrected if they are inaccurate or incomplete.
- The Right to Erasure (Right to Be Forgotten) – You have the right to request the removal or deletion of your PD if there is no compelling reason for us to continue processing them.
- The Right to Restrict Processing – You have the right to ‘block’ or restrict the processing of your PD. When your PD are restricted, we are permitted to store your data, but not to process them further.
- The Right to Data Portability – You have the right to request your PD that you provided to us and use them for your own purposes. We will provide your data to you within 30 days of your request.
- The Right to Object – You have the right to object to us processing your PD for the following reasons:
- Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling)
- Direct marketing (including profiling)
- Processing for purposes of scientific/historical research and statistics
- Rights in relation to automated decision-making and profiling.
- Automated Individual Decision-Making and Profiling – You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects regarding you or similarly significantly affects you.
- Filing a Complaint with Authorities – You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.
Your California Privacy Rights
Californian consumers have certain rights under the California Consumer Privacy Act (CaCPA) AB 375. For us to comply with some of these rights, we must be able to reasonably verify a consumer’s identity.
These rights include:
- The right of Californians to know what personal information is being collected about them.
- The right of Californians to know whether their personal information is sold or disclosed and to whom.
- The right of Californians to say no to the sale of their personal information.
- The right of Californians to access their personal information.
- The right to data portability. Californians have the right to request their personal information that they provided to us and use them for their own purposes. We will provide Californians their personal information within 30 days of their request.
- The right of Californians of the deletion of their personal information.
- The right of Californians of equal service, price, and not being discriminated against even if they exercise their privacy rights.
- One or more designated means for Californian consumers to submit requests under the CCPA including (at minimum) a toll-free telephone number, and if the business maintains an Internet website, a website address.
- The right of Californians to designate an authorized agent to make a request on their behalf. When designating an authorized agent, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.
These rights include the right to request what personal information we collect and disclose about consumers.
Personal information includes:
- categories of personal information that a business collected about the consumer
- categories of sources from which the personal information was collected
- specific pieces of personal information that the business has collected about consumers
- categories of third parties with whom the business shares personal information
- the business or commercial purpose of collecting or selling personal information
INFORMATION WE COLLECT AND HOW WE COLLECT IT
Generally, you control the amount and type of information that you provide to us when using the Site.
Our Legal Basis for Collecting and Processing PD
Our legal basis for collecting and processing your PD when you buy our products or services is based on necessity for the performance of a contract or to take steps to enter into a contract. Our legal basis for collecting and processing your PD when you sign up for our newsletter, subscribe to podcasts, free courses, and information about our products and services through the Site opt-in forms is based on consent.
We automatically receive information from your web browser or mobile device. This information may include the name of the website from which you entered the Site, if any, as well as the name of the website you’ll visit when you leave the Site. This information may also include the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using the Site. We use all this information to analyze trends among our users to help improve the Site.
When Entering and Using The Site
When you enter and use the Site and agree to accept cookies, some of these cookies may contain your PD.
- Performance Cookies – These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.
- Functional Cookies – These cookies enable the website to remember users’ choices, such as their language, usernames, and other choices while using the website. They can also be used to deliver services, such as letting a user create a blog post, listen to audios, or watch videos on the website.
- Media Cookies – These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by us or third parties who provide services to us.
- Advertising or Targeting Cookies – These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests. You will see less advertising if you disable these cookies.
- Session Cookies – These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; they are not stored long term.
- Persistent Cookies – These cookies are stored on a user’s device between browser sessions, which allows the user’s preferences or actions across a website or across different websites to be remembered. Persistent cookies may be used for several purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.
- identifying the areas of the Site that you have visited
- personalizing content that you see on the Site
- the Site analytics
- remarketing our products or services to you
- remembering your preferences, settings, and login details
- targeted advertising and serving ads relevant to your interests
- affiliate marketing
- allowing you to post comments
- allowing you to share content with social networks.
We may also use a technology called web beacons to collect general information about your use of the Site and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers and users.
At User and Member Registration or When Buying Products or Services
When you sign up to receive any of our newsletters, respond to a survey, register for a class, purchase any product or service, or sign up to become our affiliate partner, you may be required to provide us with certain information about yourself, including, but not limited to, your first and last name, user name, physical address, e-mail address, company name, social media information, phone number, password, and credit card or other payment information (the “Contact Information”). The Contact Information is used to provide the requested product or service or information and to contact you for purposes of direct marketing of our current and future products and services.
Collecting Information About Your Physical Location
When you use our services, we may collect and process information about your actual physical location. We use several technologies such as GPS and IP tracking to determine your location. These technologies may also give us information about nearby cell towers, Wi-Fi access points, and other devices.
Cross Device Tracking
We use a service that tracks your behavior from device to device. This technology can track your responses from your desktop computer to your laptop, smartphone, and tablet, in any order when using these devices. We use the information we get from this technology to analyze traffic behavior, improve our marketing and advertising.
Website Chat Software or Contact Forms
The Site contains chat software or contact forms that enable visitors to communicate with us live online or offline by email. In some cases, visitors can communicate with us without buying our products and services. When you use our chat software or contact forms, we may collect some or all the following information: your email address, first name, last name, location, and any other information you willingly choose to give us. You should limit the information you give to us to one that is necessary to answer your questions.
Information From You
We may collect 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.
Below is a list of analytics providers that we use; however, such list may be subject to change based on how we wish to understand the user experience and we will endeavor to update it diligently. You may use the accompanying links to learn more about such providers and, if available, how to opt-out from their analytics collection.
- Google Analytics
Below is a list of advertising/remarketing providers that we use; however, such list may be subject to change based on the campaigns that we run and we will endeavor to update it diligently. You may use the accompanying links to learn more about such providers and, if available, how to opt-out from their targeted ads or other personalization features. Please note you will not necessarily be opted-out of advertising or content generally; you may still receive generic ads or content.
- Google Ads
With Facebook remarketing you may see our ads on Facebook after you have used our services. For this to happen, Facebook uses unique cookies that are activated and placed in a visitor’s browser when they land on a webpage. Facebook lookalike audience targeting allows us to show ads on Facebook to people who are similar to those who have already visited or made a purchase from our services. To opt out of Facebook’s collection and use of information for ad targeting visit: https://www.facebook.com/help/568137493302217 In addition, you may opt-out of interest-based advertising by participating providers by visiting http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so.
Information That You Post or Share
You should think carefully before disclosing any information in any Public Forum. What Happens If You Don’t Give Us Your PD
If you do not provide us with enough PD, we may not be able to provide you all our products and services. However, you can access and use some parts of the Site without giving us your PD.
HOW YOUR INFORMATION IS USED AND SHARED
We use the information we receive from you to:
- Provide our products and services you have requested or purchased from us. personalize and customize our content.
- Make improvements to the Site.
- Contact you with updates to the Site, products, and services.
- Resolve problems and disputes.
- Contact you with marketing and advertising that we believe may be of interest to you.
Communications and Emails
Sharing Information with Affiliates and Other Third Parties
We do not sell or rent your PD to third parties for marketing purposes. However, for data aggregation purposes we may use your NPD, which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PD. We may give your PD to third-party service providers whom we hire to provide services to us. These third-party service providers may include but are not limited to payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.
Sharing Your PD With Other Users
Some of your PD, including your location, first and last name, business type, LinkedIn and Facebook profiles, current place of work, job position, business name, business address, profile picture, email address, friend connections, spoken languages, business phone number, mobile number, business URL, username, and any image or video content that you have uploaded to the Site or mobile app may be displayed to other users to help user interaction within our services or address your request for our services.
Your privacy settings in your account may let you limit which users can see your PD in your user profile and what information in your profile is visible to others. You understand that any content you upload to your public user profile, including PD, or content that you disclose online in a way that other users can see, including discussion boards, messaging, or other communication mechanisms becomes publicly accessible and can be used by anyone.
Sharing Your PD for Lookalike or Similar Audience Marketing
Sharing Your Information When You Login Using Social Media Websites
We may share your information with third parties such as Facebook.com, Twitter.com, YouTube.com, Instagram.com, and Google.com. If you decide to login to the Site using these third parties or other social media websites, you are agreeing to let us use and store your profile information from those websites to make better use of any social media features on the Site. This sharing of information helps us provide you a better experience when using the Site and services. It also provides us with useful information such as visitor traffic. If you use any of the social sharing icons on the Site to share our information, you may also be sharing your personal information through social media websites.
Text Messaging and Push Notifications
If you provide a mobile telephone number to us, you are giving your consent and authorize us or a third party to send you text messages and push notifications. You are not required to give us your consent for these text messages and push notifications. However, withholding your consent may interfere or prevent us from providing some or all of our services to you. You can stop receiving text messages and push notifications at any time by contacting us.
Legally Required Releases of Information
We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or governmental enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our terms and conditions; (d) necessary to protect us from legal action or claims from third parties, including you and/or other users; or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.
Disclosures to Successors
Community Discussion Boards, Blogs, or Other Mechanisms
In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Our emails provide users the opportunity to opt-out of receiving communications from us by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail. After unsubscribing we will discontinue sending the particular messages as soon as technically feasible. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
Customers cannot opt out of receiving transactional e-mails related to their account or their Orders.
RETAINING AND DESTROYING YOUR PD
We retain information that we collect from you (including your PD) only for as long as we need it for legal, business, or tax purposes. Your information may be retained in electronic, paper, or a combination of both forms. When your information is no longer needed, we will destroy, delete, or erase it.
UPDATING YOUR PD
REVOKING YOUR CONSENT FOR USING YOUR PD
You have the right to revoke your consent for us to use your PD at any time. Such optout will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates and business partners, (ii) disclosures to third-party service providers that provide certain services for our business, such as payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.
PROTECTING THE PRIVACY RIGHTS OF THIRD PARTIES
If any postings you make on the Site contain information about third parties, you agree to make sure that you have permission to include that information. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified, if such postings violate the privacy rights of others.
DO NOT TRACK SETTINGS
Some web browsers have settings that enable you to request that the Site not track your movement within the Site. The Site does not obey such settings when transmitted to and detected by the Site. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
LINKS TO OTHER WEBSITES
PROTECTING CHILDREN’S PRIVACY
Even though the Site is not designed for use by anyone under the age of 16, we realize that a child under the age of 16 may attempt to access the Site. We do not knowingly collect PD from children under the age of 16. If you are a parent or guardian and believe that your child is using the Site, please contact us. Before we remove any information, we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child is accessing the Site, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor have any liability to do so.
OUR EMAIL POLICY
You can always opt out of receiving email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.
OUR SECURITY POLICY
We have built the Site using industry-standard security measures and authentication tools to protect the security of your PD. We and the third parties who provide services to us also maintain technical and physical safeguards to protect your PD. Unfortunately, we cannot guarantee prevention of loss or misuse of your PD or secure data transmission over the Internet because of its nature. We strongly urge you to protect any password you may have for the Site and not share it with anyone.
USE OF YOUR CREDIT CARD
When you purchase a training, product, or service through the Site, 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.” The Order Information is used to fulfill your order.
When you wish to place an order, you will be required to provide certain information in addition to the PD 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.” Billing Information is collected and processed by our third-party payment processor operating as our agent. We do not directly obtain or process any Billing Information.
We use commercially reasonable efforts to ensure that your Billing Information is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your Billing Information from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your Billing Information.
TRANSFERRING PD FROM THE EUROPEAN UNION