Last Updated: December 19, 2020
This Privacy Notice describes how Performance Acumen Enterprises, LLC (“PAE”, “we” or “our”) collects, uses and discloses the information we collect about you when you interact with our website https://performance-acumen.com/ (“Site”) and use our proprietary construction service provider rating platform BESTpractice™ (“Platform”). We will refer to the Site and the Platform collectively as our “Services.” We are committed to be transparent about the data we collect about you, how it is used and with whom it is shared. This Privacy Notice also explains your choices and rights have regarding your personal information. By using our Services, you agree to be bound by this Privacy Notice and consent to our processing of information as specified therein.
1. What Information We Collect and How We Collect it
Information You Provide Directly
Personal Information: When you contact us through our “Contact Us” form on the Site, or send us an email, we will collect your full name, email address and any other information you voluntarily provide us in the content of your message in order to respond to your communication.
Registration: Subscribers to our Platform will need to create an account on the Platform. To create an account, you will need to provide personal data including your name, email address, employer information, phone number, and a password.
Profile: You have choices about the personal information you voluntarily provide on your profile, including your location, work experience, and photo. Please do not post personal information to your profile that you would not want to be publicly visible.
Response Data: If you become an “Authorized User” of our Platform, you may be asked to provide responses to survey questions regarding third party contractors with whom you are familiar. The Platform will create scores and ratings for third party contractors based on your responses, all of which we consider “Response Data.” We will retain Response Data that you provide to us.
Information Automatically Collected Through Your Use of the Site
We may automatically collect non-personally identifiable information about you—such as an IP address, device type, device ID, Internet service provider, general location information, page views, a date/time stamp, browser type, referring/exit URLs, search terms used on our Site, operating system, and similar device and usage information— when you visit our Site.
For more information, see the "Cookies and Similar Technologies" section below.
2. Cookies and Similar Technologies
Your browser may allow you to set a “Do Not Track” preference. We currently do not respond to “Do Not Track” or similar signals.
3. How We Use Your Information
We use the information you provide directly, including your Registration, Profile and Response Data information primarily to deliver our Services to you per your request, including providing you with access, updates and technical troubleshooting to our Services. We may also use this information to contact you regarding our Services. We also use your Response Data in anonymized and/or aggregated form, for purposes of creating comprehensive analytics data that we may share with others.
The information we collect automatically is used primarily to help us understand and analyze trends in connection with usage of the Site. We may also use your data to detect and prevent issues relating to security and fraudulent activity, consistent with our legitimate business interest to prevent such issues. In addition, we may use your information to customize content we may send or display on the Site to personalize your experience and assess, improve and develop our Site, business, and professional offerings, and for similar research and analytics purposes.
Where permitted by applicable law, we may also use anonymous, de-identified, or aggregate information that does not reasonably identify you for any purpose. Your Response Data, in aggregated, anonymized, or de-identified form, is used for this purpose.
We do not sell your personal information under California or Nevada law, which defines certain disclosures of personal data for monetary or valuable consideration as “sales.”
4. Who We May Share Your Information With
In general, we only share your information as follows:
Profile: subject to your account settings, your profile is fully visible only to other Authorized Users of the Customer who that authorized your use of the Services.
To Our Other Customers: we may share your aggregated, anonymized Response Data in connection with the creation and distribution of analytics about the services provided by third party contractors. In sharing this Response Data, no personal information about users will be shared.
To Our Service Providers: we may share your information with third parties who provide services to us or to whom we outsource certain services, such as website analytics companies, hosting and cloud computing service providers, and payment processors. Our service providers only access, process or store your information in the course of performing their duties to us.
Business Transactions: we may share your information in connection with a corporate merger, consolidation, restructuring, sale of certain of our ownership interests, assets, or both, or other corporate change, including without limitation, during the course of any due diligence process.
Required By Law: we may share your information when we are required to do so by law, such as to comply with a subpoena, bankruptcy proceedings, or similar legal process, or in response to lawful requests by public authorities.
If we would like to use your personal information for any purposes other than those described, or as otherwise permitted under applicable law, we will obtain your prior consent.
5. Children’s Information
Our Site is designed for adults aged 18 and over. We do not knowingly process personal data of any under 16, and should we become aware that any personal data is stored regarding a child under 16, we will follow our internal processes to delete this data in accordance with your data protection rights as soon as is reasonably possible.
6. Hyperlinks on Our Services
Our Services may contain hyperlinks to websites operated by others whose information practices may be different than ours. Visitors should consult the privacy notices of any other website they are redirected to from our Services as we have no control over information that is submitted to, or collected by, these third parties.
7. Keeping Your Information Secure
We use reasonable, standard administrative, technical, and physical safeguards to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction of your information. However, no method of Internet transmission is completely secure and we cannot guarantee its absolute security.
You are responsible for using a strong password and keeping it confidential. You agree not to share your account login information with others or transfer any part of your account. You understand and agree that you are responsible for anything that happens through your account unless you close it or report misuse.
8. Storage and Processing of Your Information in the U.S.
We control and operate our Services from the United States. Our Privacy Notice and practices are governed by the laws of the United States and the Commonwealth of Massachusetts, which may differ from privacy laws in your state or home country. By submitting your personal information to us through the Site, you consent to the transfer of your personal information to any country and its use and disclosure in accordance with applicable U.S. Federal and State laws and with this Privacy Notice.
9. How Long We Keep Your Information
In general, we will only retain your information for the time necessary to realize our legitimate business purposes and to comply with the law. When you close your account and no longer subscribe to the Platform, we may retain information about you for the purposes authorized under this Privacy Notice unless prohibited by law. For example, we may retain information about you for contextual purposes in connection with creating and providing our anonymized and aggregated analytics reports to third parties. We may retain your information in order to prevent, investigate, or identify possible wrongdoing in connection with our Services or to comply with legal obligations. We may also maintain residual copies of your personal information in our backup systems. Please note that businesses cannot remove ratings, or reviews from the data we retain by closing their accounts.
10. Your Choices and Rights
You have several choices regarding the use and disclosure of your information:
Information You Provide. With respect to the collection of your information, if you do not want your information collected, please do not submit it to us. If you have already submitted information and would like to review, correct or remove it from our records, please contact us at email@example.com.
Marketing Messages. We may send you marketing communications, about our services that may interest you. You can opt out of our marketing communications at any time by selecting the “unsubscribe” link in the e-mail or contacting us at firstname.lastname@example.org. Please note that some non-marketing communications are not subject to general opt-out, such as communications relating to services we are providing you, sales transactions, software updates and other support related information, patches and fixes.
Cookies. If you wish to disable cookies, you can set your browser not to accept cookies as described in the section entitled “Cookies and Related Technologies.”
*Rights for Nevada Residents: Under a Nevada privacy law (SB 220), certain Nevada residents may opt out of the sale of certain categories of personal information. As of the effective date of this Privacy Notice, we do not sell any type of information covered by that law. However, if you are a Nevada resident who would like to opt-out of any future sale of your information in the unlikely event we change our practices, you may do so by contacting us at email@example.com. Your request must include your full name, street address, city, state, zip code, and an email address so that we can contact you if needed to verify your identity and the authenticity of the request.
11. Changes and Updates
We may update this Privacy Notice from time to time, and we will make such updates available on our Site and on the Platform. Please review our Privacy Notice periodically for changes. If we make material changes, we will endeavor to provide advance notice of such by email or through a notice on our Services.
12. Contact Us
If you have any questions or comments regarding this Privacy Notice, please contact us at firstname.lastname@example.org.