Updated: April 7, 2022
This Privacy Statement explains how ProEst processes personal data collected through websites, products, and services (“applications”) and through in-person and digital events, webinars, surveys, marketing activities, and visits to our premises (along with applications, collectively our “offerings”). References to “ProEst,” “we,” or “our” means ProEst, Inc. and other entities that belong to the ProEst corporate family and that link to this Privacy Statement.
We may display supplemental privacy notices on occasion, such as when we believe additional transparency would help you make an informed choice about whether to provide personal data. For example, you may see a supplemental privacy notice explaining a particular data collection program, or you may see a supplemental privacy notice when registering for an event.
This Privacy Statement describes how we process personal data for our own purposes. We also process personal data on behalf of our customers subject to a written contract. We do not control the data processing or protection practices of our customers, which may differ from those set out in this Privacy Statement.
“Personal data” is information that identifies, or can reasonably be linked directly or indirectly to, an identifiable person. Personal data does not include information that is anonymous, de-identified, or aggregated, as those terms may be defined under applicable law. For purposes of this Privacy Statement, “personal data” and “personal information” have the same meaning and are used interchangeably.
What information does ProEst collect about you?
Information you provide us:
We collect information directly from you, such as when you sign up for an account or use our offerings, register a product or service, sign up for our newsletter or for one of our events, interact with one of our events, surveys, activities or with social media, visit our premises, or otherwise contact us. The types of information we may collect from you include:
· Identifiers, such as your name, telephone number, physical and/or email addresses, IP address, account username, and account password.
· Professional information, such as your occupation, industry, professional licenses, work experience and employment history, and other qualifications.
· Commercial information, such as details about your subscription plans, the offerings that you have purchased, used and/or expressed interest in, and events you have attended.
· Financial account information, such as payment information you provide when making a purchase of or through an offering (a third party processes these transfers on our behalf).
· Education information, such as your educational background and training records.
· Protected characteristics, such as your date of birth (where applicable).
· Visual, audio, and electronic information, such as your picture or signature; records of our interactions, such as correspondence, details of complaints and their resolutions, service records; your preferences, including your preferred tools, experience, language, and the frequency at which you wish to receive marketing communications.
Information we obtain or generate:
We automatically collect or generate certain personal information about you based on your interactions with us, such as when your use our offerings, and we may associate that information with your account. The information we collect includes:
· Identifiers, such as unique user identifiers, unique device identifiers, IP addresses, cookie identifiers, information about product licenses, and usernames.
· Internet or other electronic network activity information, such as the website domain visited; which activities and offerings are used, how, and for how long; posts, discussions, and other types of engagement with us; the use of any hyperlinks or downloadable content available through the offerings.
· Geolocation information.
· Electronic information, such as information about operating systems, device types, information about browsers, information relating to automatic updates and technical errors, information about your use of our offerings, including your preferred tools and experiences, and your engagement with our activities.
· Commercial information, such as records about interest in our offerings or completed purchases.
· Inferences drawn from any of the personal and offering usage information available to us.
Information we collect from other parties:
We receive and process information from our affiliates and from third-party sources. We also receive information from publicly available sources and licensors. The categories of personal information we may collect from these sources include:
· Identifiers, such as names, phone numbers, and email addresses.
· Professional information, such as occupations, industries, professional licenses, work experience and employment histories, and other qualifications.
· Commercial information, such as events you have attended or activities you have participated in.
· Inferences, such as regarding usage information and your preferences, behaviors, and other attributes.
In accordance with applicable law, we may combine your personal data with information we collect from other parties to help keep our databases current and accurate, and to provide you with more relevant content, experiences, applications, and other offerings.
How does ProEst use the information it collects about you?
We use your personal data mindfully, and in useful ways, including:
· To validate your identity as necessary to perform our contract with you.
· To deliver services, products, and other offerings, including information such as insights and recommendations, as necessary to perform our contract with you.
· To send you important information, such as about your account or purchases, within the scope of our contract with you.
· To send you information you requested to the extent necessary to perform our contract with you or, when not necessary to perform a contract, in furtherance of our legitimate interest, for example in responding to customer inquiries.
· To maintain and improve the security of, and to troubleshoot any issues relating to, our offerings as necessary to perform our contract with you or, when not necessary to perform a contract, in furtherance of our legitimate interest in protecting our business.
· To anonymize, aggregate, or de-identify your personal data so it can no longer identify you in furtherance of our legitimate interest in conducting research and analysis.
· To develop and improve our current and future offerings and your experience, including through the use of automated systems that analyze data using machine learning and other analytic techniques, in furtherance of our legitimate interests or, where needed, with consent.
· To understand the ways our offerings are used and who is using them in furtherance of our legitimate interest in improving our offerings and the overall user experience or, where needed, with consent.
· To analyze information about how you interact or may interact with us or our offerings in furtherance of our legitimate interest in improving our offerings and your experience with us or, where needed, with consent.
· To make strategic decisions concerning our business operations, including reporting on the performance of our business, in furtherance of our legitimate interest in making those decisions or, where needed, with consent.
· To send you learning content, tutorials, suggestions, newsletters, surveys, or other information, including information that may be relevant to your interests or preferences, in furtherance of our legitimate interest in improving your customer experience or, where needed, with consent.
· To send you promotional offers, advertising, or other marketing content in furtherance of our legitimate interest to engage in direct marketing or, where needed, with consent.
· To detect, prevent, or otherwise address non-valid use such as through fraud and software piracy (e.g., to confirm that software is genuine and properly licensed) and to protect you, ProEst, and/or third parties in furtherance of our legitimate interests.
· To enforce, and review compliance with, the legal terms that govern our offerings in furtherance of our legitimate interest in ensuring adherence to the relevant terms.
· To comply with our legal obligations under applicable laws.
· To protect the rights, safety, and property of ProEst, you, or any third party in furtherance of our legitimate interest in protecting us, our users, and third parties.
· For other purposes for which we obtain your consent.
· As further described in our offerings, such as in a supplemental notice, or in our About Boxes (available via Settings in your application).
Where we rely on your consent to process personal data, you may withdraw your consent at any time by contacting us at the contact details below or as otherwise indicated to you in writing. Please note that your withdrawal of consent will not affect our processing activities based on your consent that occurred before your withdrawal.
When we process personal data about you to comply with legal requirements or to perform our obligations under a contract with you or with our customer through whom you use our offerings, failure to provide such data may prevent or delay our fulfillment of these obligations.
How does ProEst disclose your personal data?
We disclose the categories of information described above to the following categories of persons:
· Our service providers, including vendors, consultants, and other service providers who perform services or functions on our behalf, for business purposes. For example, our service providers include companies who support us with marketing, sales, consulting, communications, software maintenance and support, analytics, social media, market research, auditing for valid use, license compliance, security, user verification, localization, and payment processing. Our service providers process your information subject to contractual terms that restrict their ability to use your information.
· Our business partners, such as integration partners, channel partners (e.g., resellers), event sponsors, partners, and attendees, and Ad Partners, with whom you interact to facilitate your relationship with ProEst and those business partners for any of the purposes described in our or those business partners’ privacy statements.
· Our affiliates, for any of the purposes and uses of information described in this Privacy Statement, including providing you with integrated offerings (including administering purchases, services, and payments across our integrated offerings) in furtherance of our legitimate interests.
· Networking services and platforms to connect with or share information publicly, with service providers, or with your contacts on such services or platforms.
· Persons to whom we are required by law to provide information, such as pursuant to a subpoena or a court order.
· Law enforcement, legal counsel, or other reasonably necessary parties when we have a good faith belief that the disclosure is necessary to prevent or respond to fraud or software piracy, defend ourselves against attacks, or protect the rights, property, and safety of ProEst, our customers, and the public.
· Persons involved in the consideration, negotiation, completion of a business transaction, including the sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, and any subsequent integration.
We may also disclose your personal information to other parties when we have your consent to do so or when you direct us to, for any purposes requested or permitted by you.
We may share aggregate, anonymous, or de-identified demographic, statistical, and other information regarding use of our offerings with third parties for marketing, analytics, planning, and other purposes. Such information will not specifically identify any particular user.
How does ProEst protect your data?
We maintain a combination of reasonable and appropriate physical, administrative, and technological controls to protect your data from unauthorized access or malicious actions. We take reasonable steps to limit the access employees, contractors, and agents of ProEst have to your personal data to those who need to know this data to perform their assigned functions.
What rights and choices do you have?
You have the right to access, update, delete, receive a copy of, or restrict our use of your personal data. When we process personal data based on your consent, you have the right to withdraw consent any time.
Please log-in to your account to manage your personal data and content using our applications. You can also delete your personal data and close your account. If you do not have an ProEst account, you may submit a deletion request using this form. We may retain certain data about you for legal and internal business purposes, such as fraud prevention, in accordance with applicable laws.
Consistent with applicable law, we may ask for proof of your identity before fulfilling your request, and we may ask for additional forms of verification depending on the nature of the personal information requested.
Certain jurisdictions grant individuals additional rights with respect to their personal data. Depending on where you live or applicable law, you may also have the right to:
· Object to our processing of your personal data
· Have us block or anonymize your personal data, as appropriate
· Receive a copy of your personal data to transfer it to a third party
· Opt-out of certain direct marketing communications
· Not be denied a good or service for exercising your rights, though you may be provided a different level of service or charged a different rate or price consistent with applicable law
· Lodge a complaint with the relevant data protection authority in the jurisdiction in which you are located
These rights may be limited in some circumstances by local law. For example, even if you ask us to delete your personal information, we may need to retain it to complete transactions you have requested, to comply with our legal obligations, or for other limited business purposes as required or permitted by law. To exercise applicable rights, please contact us.
Where we process personal data on behalf of our customers, we may refer the request to the relevant customer and cooperate with their handling of the request, subject to any special contractual arrangement with that customer. California residents, please read the “Your California Privacy Rights” section for additional disclosures and information regarding your rights under California law.
Cookies and Automated Data Collection
Third parties and ProEst can set Cookies. We also allow third parties to set Cookies that we do not control, in particular advertising Cookies (as described below). You can find details of the third parties that set Cookies below.
Some Cookies are known as “session” Cookies. These are deleted after you close your browser; for example, Cookies that keep you logged in throughout a session on our site would be session Cookies. Other Cookies are “persistent” and remain on your device for a longer period. For example, Cookies used to remember your language preferences so that our website will be in the language you prefer when you visit are persistent Cookies.
We use various types of Cookies:
customer support information. Strictly necessary Cookies are placed on your device or browser when you visit our website or applications or when you request a service that requires them. If you disable these types of Cookies, you may not be able to access the full functionality of our websites or applications, and we may not be able to fulfill your requests.
· Advertising Cookies. These Cookies are used to understand your preferences and show relevant advertising to you both on our websites and on third party sites. These Cookies are used to recognize users and their devices, to inform, optimize, and serve ads, and to report on our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services (including how they are related to visits to specific sites or apps). Visit aboutads.info/choices from each of your browsers and devices to learn more about interest-based advertising and about how to opt out from interest-based advertisements delivered by our ad service partners.
· Social Media Cookies. These Cookies allow you to make posts to social media sites such as Facebook.
What are ProEst’s storage and data retention practices?
We store your personal data and content on our servers and the servers of our service providers. Because we and our service providers maintain servers in global locations, your personal data may be transferred across national borders and stored on the servers outside of your country or region. We will retain your personal data for as long as necessary to provide you with the offerings that you are using or have requested, for the establishment, exercise or defense of legal claims, and as needed to comply with our legal obligations. Data may persist in copies made for backup and business continuity purposes for additional time.
Does ProEst transfer your personal data across national borders?
We transfer personal data across national borders to other countries, in compliance with the laws that apply to that data. Where required by law, we have put in place measures to adequately protect personal data that we transfer across borders.
What are ProEst’s marketing and advertising practices?
You can opt out of the use of your information by certain Ad Partners for online behavioral advertising by using the Digital Advertising Alliance’s Your AdChoices tool. The Your AdChoices tool may not work if your browser does not accept third-party Cookies, and if you delete Cookies, use a different browser, or use a different computer, you will need to use the tool again to renew your opt out.
As described above, you can change your Cookie preferences. Cookie choices are generally application-, browser-, and device-specific, so you may need to refresh your choices if you visit a different application, use a new browser or device, or clear your browser’s cookies.
ProEst currently does not respond to “do not track” signals.
Is the personal data you give us ever displayed publicly?
As always, we urge you to be mindful when deciding to disclose personal data, including on our offerings. Our offerings may allow you to post content, including comments and “likes,” that can be visible to the public.
In some cases, you can limit who can view or access the information and content you post. In other cases, the information and content might be available to registered members of the offering, or even to the general public. Your name, username, profile image, or email address (particularly if this is your username) may be posted along with any message or other content you post through some of our offerings.
If you are posting information you do not want to be disclosed publicly, make sure you are using an offering that allows you to control who sees information you have posted.
Will this Privacy Statement change?
We may change this Privacy Statement to reflect changes in the law, our data handling practices, or the features of our business. The updated Privacy Statement will be available at https://proest.com/privacy-policy/. We will show the date the Privacy Statement was last updated to help you know when we change it. If we make material changes to our Privacy Statement, we will endeavor to provide you with notice before such changes take effect, such as through prominent notice on our website or services or by email.
How to contact us?
To contact us, please use the following contact information. When you do so, please tell us the name of the offering about which you are contacting us: Use this form.
By postal mail:
16870 West Bernardo Drive, Suite 340
San Diego, CA 92127 Data protection officer:
To contact our data protection officer, please use this form.
Who can I contact with questions or concerns?
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have a right to lodge a complaint with your local supervisory authorities.
Your California Privacy Rights We described several types of rights in “What Rights and Choices Do You Have?” above. If you reside in California, you may have rights to access the specific pieces of your information, the right to know details about our processing of your information, the right to request deletion of your personal information, and the right to not be denied goods or services for exercising these rights. You can exercise these rights by using this form.
We may need to verify your identity before completing your CCPA rights request. How we verify your identity depends on whether you hold an account with ProEst:
· Individuals with ProEst accounts can verify their identity by logging into their account.
· Individuals without ProEst accounts (non-accountholders) will need to provide information establishing their identity to the degree of certainty required by law. We may ask non-accountholders to provide information such as name, e-mail addresses, and information relating to their use of the ProEst websites or other offerings.
Persons authorized to submit requests on behalf of a consumer (“agents”) can submit a request using this form. We may notify the consumer and require the consumer to independently verify their identity before fulfilling the authorized agent’s request.
We will retain certain information relating to your CCPA request to demonstrate compliance with the CCPA and to improve our consumer request process.
The following table provides a description of the personal information that we have disclosed for our business purposes, the personal information that we have sold, and the categories of third parties that received the personal information.
Category of Personal Information Categories of Third Parties to which we Disclosed that Personal Information for business purposes
Identifiers Service Providers; Affiliates
Commercial Information Service Providers; Affiliates
Financial Account Information Service Providers; Affiliates
Education Information Service Providers; Affiliates
Protected Characteristics Service Providers; Affiliates
Visual, Audio, and Electronic Information Service Providers; Affiliates
Internet or other Electronic Network Activity
Information Service Providers; Affiliates
Geolocation information Service Providers; Affiliates
Inferences Service Providers; Affiliates
Social Networking Data Service Providers; Affiliates