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Privacy Policy

Last Modified: [January 5, 2021]

Power Digital Marketing and its subsidiaries and affiliates (“We”, “Our”, “Us” or “PDM”) works to maintain a high standard of data privacy in accordance with your data protection rights under applicable law.  The protection and proper use of the personal information that you entrust to Us is a responsibility We take seriously.  This privacy notice explains what personal information We may collect through https://powerdigitalmarketing.com/ (“Site”), how We may use it, and the rights that you have concerning that data (“Privacy Notice”). 

We provide access to our Site and related information, services and features, including the Nova platform (“Services”) to you conditioned upon your acceptance of all terms, conditions, policies and notices stated in this Privacy Notice and our Terms of Use found here: https://powerdigitalmarketing.com/terms-of-use/ (“Terms of Use”). By providing your Personal Information or using the Site you consent to the practices set forth in this Privacy Notice, the Terms of Use and to Our collection, processing, transfer or use of your Personal Information. If you do not consent to any collection, processing, transfer or use of such information, please do not use or access any part of the Site or submit Personal Information.

 

GENERAL 

When you provide personal information about yourself through the Sites, We only process your personal information when We have a lawful basis to do so.  We collect certain information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer or household (“Personal Information”).  Personal Information does not include de-identified or aggregated consumer information.  We collect Personal Information from individuals visiting our Site, including as you browse our Site.  

By accessing the Site, you acknowledge this Privacy Notice and agree to be bound by the terms hereof.  

Our legal bases for processing your Personal Information include: (1) your consent; (2) fulfilment of a contractual obligation; and (3) where We have a legitimate interest to process your Personal Information consistent with applicable law.  Our legitimate interests include:

  • Investigating, preventing, and protecting against fraud, security risks, threats to you and others, and violations of this Privacy Notice;
  • Protecting and defending our rights and properties, including intellectual property;
  • Complying with laws and regulations that apply to Us, as well as responding to requests from law enforcement or government authorities or as otherwise required by law;
  • Improving your experiences with our Site;
  • Understanding and improving our Site, user experience, and customer relationships; and
  • Enabling our business operations.

Where We rely on your consent to process your Personal Information, you have the right to change, withdraw or withhold your consent. Notwithstanding the forgoing, the processing of IP addresses is a necessary part of providing access to the Sites, so We cannot provide access to the Site without this information.

 

INFORMATION WE MAY COLLECT

We collect Personal Information that you choose to share with Us as well as information provided directly by your browser or device when you visit our Site. 

Information Collected from You 

Contact Us When you contact Us via the Site, We ask for your email address.  We will also collect the content of your message, which will include any additional information you choose to share with Us.  

We collect this information when you initiate contact with Us for the purpose of responding to your communication.

Mailing List When you join Our mailing list, We will collect your first and last name, and email address.  

We collect this information when you initiate contact with Us for the purpose of responding to your communication.

Submitting a Proposal  When you submit a proposal, You provide Your company’s name, the state that Your company is located in and other business information such as Your Company’s monthly marketing budget, Your company’s business classification and the information that You choose to provide when responding to how You heard about Us. 

We collect this information for the purpose of establishing Your account and to recommend services or products that may be of interest to you. 

Creating an Account  When you create an account via, We collect Tour first and last name, email address and phone number.  We collect this information for the purpose of establishing Your account and enabling Your purchases.
Interact with Our Platforms  If you have created an account, we also collect information about your purchases, account funding, customer service inquiries, and product reviews We collect this information for the purpose of administering your account, recommending products, and improving your user experience.  
Other Information  When you purchase something from any of our Sites as part of the buying process we collect the personal information you give us such as your name, address and email address.  We use this information to process and provide you with the items you purchased.  

We collect this information for the purpose of fulfilling your order, including updating you on your order status.  Additionally, if you choose to receive future communications from us regarding our products and offers, we will use the personal data you provide through the order process for such purposes.  

 

Information Collected from your Browser and other Web-based Technologies

Browser or Device Information We also collect information sent to Us automatically by your web browser when you view and navigate the Site.  This information is collected on an aggregate basis and is not associated with you individually. This information typically includes your IP address, usage details, operating system information, the date and time of your visit, and the pages you visit. We collect this data to help Us: 

  • Provide the Site and improve your user experience;
  • Analyze Site trends and aggregate usage;
  • Promote and improve Site; or 
  • Fulfill your requests and contact you. 
Cookies and Web Beacons  We may set persistent and session cookies on your computer or device to customize the user experience.  “Cookies” are small files placed on your computer or device by your browser and are often used to make websites work, as well as provide information to the website operator.

We collect this information for the purpose of conducting analyses on our web traffic and improving a user’s experience while visiting our Site.  When you first visit our Site, you will be asked to consent to our use of cookies, and you can withhold, withdraw, or change your consent at any time.  You also have the ability to decline cookies by modifying the settings in your browser.  If you decline or disable cookies, please note that certain functionalities of our Site may no longer work.

We place two types of cookies on our Sites:

  • Session Cookies: Session cookies typically only last for as long as your session, which is usually the duration of your current visit to our Sites or for as long as you keep the browser open that was used to visit our Site.  We use our session cookies to store information about your visit (referring website, landing page, etc.).  We also use session cookies to track and record the number of visits to our Site.  
  • Persistent Cookies: Persistent cookies are cookies that remain on your browser and are read when you return to our Sites.  We may use persistent cookies to remember your preferences, personalize your experience, and help secure your visit to our Sites.  We use persistent cookies to remember the contents of your shopping cart (which is stored for two weeks), and, if applicable, determine if you have access credentials to the Site.  
Third Party Cookies and Web Beacons Some content or applications on our Site are served by third parties, including service providers.  These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies already in your browser to collect information about you when you visit our Site.  The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other services. These third-party web technologies may also allow Us to share our content with you when you visit the websites of our third-party partners, such as Facebook.   

Among the third party cookies used for purposes of optimizing the Site is Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies or other tracking technologies to help Us analyze how users interact with and use the Site, compile reports on the Sites’ activity, and provide other services related to our Sites’ activity and usage.  The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website.  The Site does not use Google Analytics to gather information that personally identifies you.  The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies.  To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here. 

Most web browsers let you choose whether to accept cookies. Most also let you delete cookies already set. The choices available, and the mechanism used, will vary from browser to browser. Such browser settings are typically found in the “options”, “tools” or “preferences” menu. You may also consult the browser’s “help” menu. There are online tools available for clearing all cookies left behind by the websites you have visited, such as www.allaboutcookies.org. Usually, deletion of cookies will anonymize the information associated with the pixel and a website will not receive any further associated information. Please note at this time, we do not recognize automated browser signals regarding tracking mechanisms, which may include “do not track” instructions.

Social Media Our Site may include social media “widgets,” small icons that allow you to access our content posted on social media sites (Facebook, Instagram, Twitter, and LinkedIn).  

If you are logged into your account on these social media platforms, your access to our social media pages and our Sites will be linked to your account.  

When you interact with Us or the Site through a social media platform (such as by clicking on a social media icon linked from our Site), We may collect the Personal Information that you make available to Us on that page, including your account ID or username and other information included in your posts.  If you choose to log in to your account with or through a social networking service, We and that service may share certain information about you and your activities.

If you contact Us via social media, you authorize Us to share information with your social media account provider, and you understand that the use of the information We share will be governed by the social media site’s privacy Notice.  Your interactions with Our business pages on these social media platforms is governed by the privacy practices of these platforms.

Payment Processor and Third Party Vendors  The Site may contain links to other websites, applications or platforms.  Please read the privacy policies of these third-party websites, applications or platforms that collect personally identifiable information in order to understand their privacy policies and data collection practices.  This Privacy Notice applies solely to Information collected and processed by Stadium or on its behalf.

We engage third party vendors to help provide the Services and Site to you, including Our third party payment processor, Stripe. Stripe processes Your actual payments.  We securely transmit Your credit card information to Stripe. Stripe, however, does store this information. Stripe maintains that it is PCI compliant.  Stripe uses Personal Information, including credit card information, You provide. Please visit Stripe’s privacy policy for information regarding Stripe’s collection, use, and transfer of Personal Information, currently available at stripe.com/us/privacy.

 

HOW WE USE THE PERSONAL INFORMATION

We only use your Personal Information in accordance with this Privacy Notice and as permitted by law and/or our agreements with you. We may use your Personal Information to:

  • To fulfill or meet the reason for which the information is provided, for example, to provide the information and services you request;
  • Keep a record of your contact information and correspondence;
  • To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. 
  • Personalize our communications with you;
  • Improve our marketing efforts;
  • Administer the Site; 
  • Analyze Site usage to improve the design, functionality, and content of the Site; 
  • Comply with applicable law or legal or government request; and
  • Maintain security, protect our rights or property or the rights and property of others, and prevent fraud.

WHEN WE SHARE PERSONAL INFORMATION

In certain circumstances We may disclose your Personal Information to provide services requested by you or as required by law or for a business necessity, including:

  • Fulfilling the purpose for which you provide it; 
  • Sharing your Personal Information with service providers We have retained to perform services on Our behalf; 
  • Disclosing your Personal Information with your consent;
  • Complying with applicable laws or responding to a request from government authorities; 
  • Preventing or investigating a possible crime, such as fraud or identity theft, or protecting our own rights or property or the rights, property or safety of others; and
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

In the preceding twelve (12) months, we have not sold any Personal Information for a third party’s commercial purpose or for monetary value however we do disclose Personal Information for internal business purposes. We also have not and will not sell the Personal Information of minors under 16 years of age to non-affiliated third parties without affirmative consent. We take reasonable steps to ensure that companies with which We share your Personal Information are contractually obligated to keep the Personal Information that We provide to them confidential and to use such information only as We permit.

YOUR CHOICES AND RIGHTS

General You may update or delete information from your profile at any time, or request that We do so; however, because we archive past transactions, You cannot delete this information.  You may also request that we delete Your account entirely by contacting us.  Terminating Your registration will not necessarily remove previous public comments or other user content on public display on the Services.  If you wish to cancel Your account on the Services or delete Your information previously provided to Us, You may send Your request here:  john@powerdigitalmarketing.com

If You do not receive a response from us to any emails you send to us within ten (10) business days, please send Us another email, as Your original email may not have been received.

Email   You may choose not to subscribe to email communications other than service-related communications such as payment confirmation.  If You do choose to receive email communications such as email newsletters and promotional emails, You may later opt out by following the instructions provided at the bottom of each email, clicking the “unsubscribe” button at the bottom of emails We sent You.  
Advertising and Marketing and Website Analytics  You can learn more about ad serving companies and the options available to limit their collection and use of your information by visiting the Services for the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Advertising Digital Alliance European (EDAA). Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.  For more information about how to change these settings go to: 

  • Apple: https://support.apple.com/kb/HT4228
  • Android: https://www.google.com/policies/technologies/ads/
  • Windows: https://choice.microsoft.com/en-US/opt-out

The DAA’s AppChoices App provides options regarding the collection of cross-app data for your device.

Additional resources or tools may exist that streamline the process of submitting opt-out requests–for example, TRUSTe’s Ad Preference Manager.  We do not review or warrant the representations made by these tools and cannot guarantee the effectiveness.

To opt out of Google Analytics Advertising Features, visit Google’s Ad Settings page.  Website users can also access the Google Analytics Opt Out Browser Add-on https://support.google.com/analytics/answer/181881?hl=en.

Please note that opting-out of advertising networks services does not mean that You will not receive advertising while using our Services or on other Services, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude You from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If You delete your cookies, You may also delete your opt-out preferences.  If You use multiple browsers or devices You may need to execute this opt out on each browser or device.

International Users  For international users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States.  It is important to know that data protection laws in some jurisdictions may not be as strong as those in your country.  If applicable, you may have a right to claim compensation for damages caused by a breach of relevant data protection laws.  By using the Site, you agree to have your information used and transferred to the United States as set forth in this Privacy Notice.  To ensure the continued protection of your Personal Information while in our care, We take appropriate organizational and technical measures. 
EU Data Subject Rights If you are an EU data subject, we provide you with choices about the collection, use and disclosure of your personal data.  You may exercise these rights by contacting us in writing by electronic mail, postal mail, or commercial courier at the address or email address provided at the end of this Privacy Notice under the heading “Contact Information.”  Unless explicitly stated otherwise, we will respond to your request as soon as possible, but at the latest within one month.  

Your rights include:

  • Accessing your personal data to know what information we have collected about you and how it has been shared;
  • Requesting the deletion of all or some of your personal data;
  • Changing or correcting inaccurate or outdated information;
  • Objecting to, limiting or restricting use of all or some of your personal data; and
  • Requesting a copy of your personal data, including in a portable format.

You also have the right to lodge a complaint with your supervisory authority if you believe we have violated your privacy rights or applicable laws and regulations.

 

PRIVACY STATEMENT FOR CALIFORNIA

Information We Collect  This Privacy Statement for California users supplements the information contained in our Privacy Notice above and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice. In the preceding 12 months we have: (1) collected the categories of Personal Information from the sources listed in the below table; and (2) disclosed such Personal Information to the below listed third parties as follows: 

Categories  Sources  Third Parties 
Identifiers, such as your name, postal address, unique personal identifier, internet protocol address, email address, telephone number, signature, account name, social security number, driver’s license or other state identification number, passport number, financial account number, or other similar identifiers. Consumers provide this information directly to Us or automatically through their interaction with our Site.  Affiliates, subsidiaries and affiliated brands service providers 
Internet or other electronic network activity information, including, browsing history, search history, and information regarding a consumer’s interaction with an internet website or application. Consumers provide this information directly to Us or automatically through their interaction with our Site.  Affiliates, subsidiaries and affiliated brands service providers

 

Sharing of Personal Information In the preceding (12) months, we have not sold any Personal Information for a third party’s commercial purpose or for monetary value however we do disclose Personal Information for internal business purposes. Such internal business purposes are described above.
Use of Personal Information We use or disclose Personal Information for the following business purposes: 

  • To fulfill or meet the reason for which the information is provided. 
  • To provide you with information, products or services that you request from Us.
  • To provide you with email alerts, event registrations and other notices concerning Our products or services, or events or news, that may be of interest to you.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve Our responses.
  • To provide you with information, products or services that you request from us.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, as applicable.
  • To improve our Site and present its contents to you.
  • As necessary or appropriate to protect the rights, property or safety of us, our customers, consumers or others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.
Your Rights  We provide our California customers with specific rights regarding their Personal Information.  The section describes the rights that you have under California law and explains how to exercise those rights. 

Right to Know About Personal Information Collected, Used, or Disclosed

You have the right to request that We disclose certain information to you about our collection, use and disclosure of your Personal Information over the past 12 months.  Once We receive your request and verify your identity, We will disclose to you:  (1) the categories of information We collected about you; (2) the categories of sources for the information; (3) our business or commercial purpose for collecting or disclosing that information; (4) the categories of third parties with whom We shared that information; and (5) the categories of information We collected about you in the preceding 12 months.  

Right to Delete Personal Information Collected or Maintained

You have the right to request that We delete any of your information that We collected from you and retained, subject to certain exceptions.  Once We receive and confirm your request and verify your identity, We will permanently delete (and direct our service providers to delete) your information from our records, unless a legal exception to deletion applies.  In our response to your request to delete, We will specify the manner in which We have deleted your information or, if We must deny your deletion request, the basis for this refusal.  

Right to Non-Discrimination for Exercise of Privacy Rights

We will not discriminate against you for exercising any of your rights by: (1) denying you goods or services (except with respect to IP addresses, since We cannot provide our Site to you without collecting the IP address from which you access the Site); (2) charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (3) providing you a different level or quality of goods or services; or (4) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your Rights 

To exercise the rights described above, please submit a verifiable consumer request to Us by either:

  • Calling Us at: (619) 501-1211
  • Emailing Us at:  john@powerdigitalmarketing.com
  • You can learn more and request to opt out of a “sale” of your Personal Information by visiting this page.

Authorizing an Agent

You may designate an authorized agent to submit your consumer request on your behalf, so long the authorized agent has your written permission to do so and you have taken steps to verify your identity directly with Us.  

Verifying Your Request

We cannot respond to your request or provide you with information if We cannot verify your identity or authority to make the request and confirm the information relates to you.  Making a verifiable consumer request does not require you to create an account with Us.  We will only Use information provided in a verifiable consumer request to verify your identity or authority to make the request.  You may only make a verifiable consumer request for access or data portability twice within a 12-month period. 

To verify your identity, We ask that you provide Us with the following information when you submit your request:  (1) first name, (2) last name, and (3) phone number or email.  We will use the above information to verify your identity.  Depending on your type of request or the information requested by you, We may require additional information to verify your identity and fulfill your request.

You may make such a request by contacting Us in writing by electronic mail, postal mail, or commercial courier at the address or email address provided at the end of this Privacy Notice under the heading “Contact Information” with a preference on how our response to your request should be sent. 

Do-Not-Track Requests California law also requires that We disclose how We respond to “do-not-track requests” from our users.  At this time, We do not currently respond to “do-not-track” requests from our users’ browsers.  
Shine the Light  California law permits customers in California to request certain details about how their personal information is shared with third parties and, in some cases, affiliates, if the personal information is shared for those third parties’ and affiliates’ own direct marketing purposes. We do not share personal information with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. Californians may request and obtain from us once a year, free of charge, information about the personal information (if any) that We disclosed to third parties for direct marketing purposes in the preceding calendar year.

To make a request, please provide sufficient information for us to determine if this applies to You, attest to the fact that You are a California resident, and provide your current California address to which We will send our response. Your inquiry must specify “California Shine the Light Privacy Rights Request” in the subject line of the email or the first line of the letter, and include Your name, street address, city, state, and ZIP code. Please note that We are only required to respond to one request per customer each year.

 

OTHER IMPORTANT INFORMATION

Privacy Notice Changes We reserve the right to change or update this Privacy Notice by posting such changes or updates to the Site.  Amendments to this Privacy Notice will be posted at this URL and will be effective when posted.  You can tell if the Notice has changed by checking the last modified date that appears at the end of this Privacy Notice.  Your continued use of the Site following the posting of any amendment, modification or change shall constitute your acceptance thereof.
Cross-Border Data Transfers  We process data both inside and outside the United States, either directly or throughout third-party service providers.  It is important to know that data protection laws in some jurisdictions may not be as strong as those in your country.  Where we transfer your personal data from the European Economic Area (the UK or Switzerland) (“EEA”) to a location outside the EEA, we will only transfer your data if an appropriate level of protection for your personal data is guaranteed, such as where we have contractual obligations to protect or transfer data with certain safeguards in place.  To ensure the continued protection of your personal data while in our care, we take appropriate organizational and technical measures.  In addition, we may transfer your personal data if one of the legal exceptions for such transfer can be invoked, such as with your consent or in execution of an agreement you have with us.
Data Retention We will retain your Personal Information for as long as We have a legitimate legal, business, or regulatory need. We will retain your personal data for as long as we have a legitimate legal, business, or regulatory need.  If You are an EU data subject, You may exercise Your right to data deletion at any time by contacting as here: john@powerdigitalmarketing.com

If You choose a direct payment gateway to complete Your purchase, then Stripe stores Your credit card data.  Your purchase transaction data is stored only as long as necessary to complete Your purchase transaction.  After that is complete, Your purchase transaction data is deleted. 

Children Under the Age of 16 We do not knowingly collect Personal Information from individuals under the age of 16, unless the Personal Information is submitted by a provider for use of our services and with parental consent.  Our Site is not intended for anyone under the age of 16, and no one under the age of 16 may provide information on the Site.
Third-Party Websites Our Site may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that We do not have any control over that other website. Therefore, We cannot be responsible for the protection and privacy of any information that you provide while visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Security We have implemented organizational and technical safeguards for protecting the Personal Information that you share with Us, including Secure Socket Layer (SSL) security software encryption for all personal customer information. Notwithstanding the forgoing, no website is one-hundred percent (100%) secure and transmitting information over the internet inherently possess risk therefore We cannot guarantee absolute security. 

Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information, so please do not send us your credit card number by email.  Any payment transactions will be encrypted

Contact Information  If there are any questions regarding this Privacy Notice you may contact Us using the information below.

  • Address: 2251 San Diego Ave. Suite a250, San Diego, CA 92110
  • Email: john@powerdigitalmarketing.com