AMERICAN VETERAN PROFESSIONAL SERVICES LLC
These updates include:
We explain that we may need to ask for additional personal information to authenticate certain online payments.
We made revisions for clarity around how we use the information we collect from you.
We explain how we may share your information with our parent company, Personify, Inc.
We explain how we may share your information with third-party service providers, including electronic payment vendors.
Effective Date: December 1, 2020
“Personal data” is information relating to an identified or identifiable natural person.
Categories of Personal Data Processed by AVPS
1. Personal data that is processed when you communicate with AVPS: When you interact with us via email, telephone, or online (e.g., when you send us an email inquiry, provide us with feedback on our services, register and post in our forums, submit support requests, and comment on blog posts), we collect personal data, including your name, organization name, phone number and email address; and information about the AVPS services you have purchased. We also may create event logs that are useful in diagnosing product or app performance-related issues, and capture information relating to the support or service issue. To improve customer service, subject to applicable laws, we may also record and review your conversations with us, and analyze any feedback provided to us through voluntary surveys concerning our customer service. We may log in to your AVPS account, if appropriate, to help troubleshoot and resolve your issue.
Purposes and Legal Grounds:
We use this information to provide you with support, to respond to inquiries, and to monitor and improve the quality and types of services and support we provide. The legal ground for processing this information for these purposes is AVPS’s legitimate interest in providing quality services and support, including product and service support, such as troubleshooting support, to our customers and Site users.
2. Personal data that is processed when you create an account through the Sites or seek access to a AVPS product or service (e.g., when a customer registers for an online course with AVPS): When you conduct any of these activities, we request that you provide personal data, including your name, organization name, phone number, address, and email address.
Purposes and Legal Grounds:
Account Access. AVPS processes your email address and password when you use your email address and your password for the purpose of enabling you to register for and log in to your AVPS account. We use this information to identify and authenticate your identity so that you may be provided with access to your AVPS Member Page. The legal ground for processing your email address for this purpose is AVPS’s legitimate interest in protecting the security of your AVPS account and enabling you to access our services.
Account Information. AVPS also processes your contact information for the purpose of sending you information about your AVPS services or account. The name you provide is associated with your account profile. The legal ground for processing your contact information for these purposes is AVPS’s legitimate interest in providing you information about your AVPS services or account.
Requested Information. If you choose to sign up for our newsletter or any other communication from us, we will use your contact information for purposes of sending you the information you have requested. The legal ground for processing your contact information for this purpose is AVPS’s legitimate interest in providing you with the information you have requested.
Marketing Purposes. AVPS and, where permissible certain third-party service providers may use your email address and other contact information for the purpose of sending you electronic marketing communications.
The legal ground for processing your email address and other contact information for this purpose is our legitimate interest and our third-party service providers in sending electronic marketing communications to current and potential customers concerning products and services.
If you decide that you no longer wish to receive electronic marketing communications from AVPS, you will have the opportunity to opt out from receiving electronic marketing communications from AVPS at any time by clicking the preferences or unsubscribe link provided at the bottom of our marketing emails.
The electronic marketing communications you receive from AVPS may be based on information that you provide to us when you sign up for a AVPS membership (e.g., the city/state/country in which you are located and the type of organization in which you are involved). The legal ground for processing your personal data for this purpose is AVPS’s legitimate interest in providing its customers with information they have requested and with electronic marketing communications that are likely to be of interest to them.
3. Personal data that is processed when you pay for products or services through our Sites: When you pay for products and services through our Sites, we collect, but do not store, your payment information, which may include credit card data, debit card data, and Automated Clearing House (ACH) payment data, including bank name, ABA/Routing number, bank account number, account type, and account holder name. When you sign-up for an AVPS Membership or other services, we collect your contact information and organization details and bank account details of the authorized signer or beneficial owner.
Purposes and Legal Grounds:
Payment Processing. When you pay for services via credit card, debit card, check, or ACH payment, AVPS will transfer your payment data (e.g., payment card data, bank name, ABA/Routing number, bank account number, account type, account holder name) and billing details, including recurring payment schedule if applicable, to third-party electronic payment vendors (also known as payment gateways) that process electronic payment data so that you may pay for such services. For all such payments, AVPS only transfers payment data through protected servers and does not store any payment data. If you authorize recurring payments or non-recurring future payments, your payment data and billing details will be saved by our third-party electronic payment vendors. The legal ground for processing payment data is that such processing in order to effect payment is necessary for the performance of contracts between AVPS and our customers and between our customers and their members and contacts.
Payment Authentication. To help reduce the risk of fraud and provide added security to online payments through the adoption of 3D Secure 2.0, the industry standard approach, which also complies with Strong Customer Authentication (SCA) requirements in the European Union, AVPS or AVPS’s electronic payment vendors may collect additional personal data to authenticate certain online payments. For example, we may need to collect something you know (e.g., password, security question, PIN); something you have (e.g., code sent to your mobile phone or hardware token); and/or something that is unique to you (e.g., fingerprint, facial recognition). If AVPS collects such personal data from you, we may transfer the data to our third-party electronic payment vendors who may also partner with third-party service providers to process such personal data. The legal ground for processing this data for this purpose is AVPS’s legitimate interest in adopting an industry standard approach to reduce the risk of fraud and protect the security of your payments.
4. Personal data that is processed when you provide feedback and other information in our forums: If you provide comments, suggestions, feedback, or other information in one of our forums, we will collect any personal information contained in any content you provide. Please keep in mind that whenever you voluntarily disclose personal data online in a forum accessible by others, that personal data can be collected and used by others. If you post personal data online that is accessible to the public, you may receive unsolicited messages from other parties in return. Please exercise caution whenever you post information online.
Purposes and Legal Grounds: AVPS processes your comments, suggestions, feedback, and other information for the purpose of providing our customers with the opportunity share such content with other customers. The legal ground for processing this information for this purpose is AVPS’s legitimate interest in enabling our customers to provide comments, suggestions, feedback, and other information they desire to share with AVPS and other AVPS customers.
5. Personal data that is processed when you apply for a position at AVPS: If you email us your resumé, cover letter, and LinkedIn profile to apply for an open position at AVPS, we may collect a variety of personal data, including your name, mailing address, email address, phone number, work experience, education history, references, information about your applicable degrees, licenses, and certifications, whether you are legally eligible to work in the country to which you are applying, whether you have a valid driver’s license, and your salary expectations.
Purposes and Legal Grounds: AVPS processes this information for the purpose of permitting you to be considered for open positions that AVPS is seeking to fill. The legal ground for processing this information for this purpose is AVPS’s legitimate interest in analyzing resume information in connection with identifying qualified candidates to fill open positions at AVPS.
Third-Party Recipients of Personal Data
Third-party electronic payment vendors. We use third-party electronic payment vendors to process payment card data of our customer’s as well as other personal data required to authenticate certain online payments when products and services are purchased using credit or debit cards.
Governmental entities and third parties: We may disclose personal data about you to governmental entities, such as regulatory agencies, law enforcement and judicial authorities, including to meet national security or law enforcement requirements, as well as other third parties under any of the following conditions: (a) if we have your valid consent to do so; (b) to comply with a valid subpoena, legal order, court order, search warrant, legal process or other legal obligation; (c) to enforce any of our terms and conditions or policies; (d) as necessary in the case of emergencies or internal security matters; or (e) as necessary to pursue available legal remedies or defend legal claims.
Purposes and Legal Grounds: We use this usage data to facilitate communication between your device and our Sites, store your preferences, authenticate users, detect and prevent fraud (e.g., fraudulent credit card use) and spam, enable certain functions of the Sites, administer and improve our Sites (e.g., troubleshoot geographically localized access problems), and analyze usage of and improve and enhance our Sites.
Cookie Consent: If you are in the EU or another country that requires obtaining your consent before processing your usage data, we process your usage data based on your consent. You may withdraw your consent at any time by contacting AVPS via email at email@example.com. Your withdrawal of consent will not apply to data that was processed prior to our receipt of your withdrawal of consent.
Your Control of Cookies: To access AVPS Sites member pages, you need to enable cookies (which most web browsers do by default). Web browsers allow some control of most cookies through browser settings. Some web browsers (including mobile web browsers) provide settings that allow you to reject cookies or that alert you when a cookie is placed on your computer, tablet, or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device.
Third-Party Cookies: When you visit our sites, cookies may also be placed on your computer by third-party services that are integrated into our sites. For example, third-party cookies are used by Google Analytics for tracking website traffic. We use information collected from such third-party services to help us better understand how users find and use our sites, enhance our sites and services, and better understand and improve users’ experience.
Cross-Border Transfers of Personal Data
Your personal data may be transferred to and stored on servers at AVPS’s hosting provider, Amazon Web Services (AWS), in the United States. The European Commission has recognized Canada (commercial organizations) as providing an adequate level of data protection. The data protection and privacy laws of the United States may not be as comprehensive as the laws in your country. For example, personal data transferred to the United States may be subject to lawful access requests by federal and state authorities in the United States. AWS participates in the EU-U.S. Privacy Shield principles and the Swiss-U.S. Privacy Shield principles regarding the collection, use, sharing and retention of personal data from the European Economic Area and Switzerland, as described in the EU-U.S. Privacy Shield certifications and Swiss-U.S. Privacy Shield certifications of AWS. Click here for more information concerning such certifications of AWS.
Our Site is not directed to individuals under the age of 16, and we request that individuals under 16 not provide personal data to AVPS. If we learn that we have collected personal data from a child under 16, we will take steps to delete the information as soon as possible.
Retention of Personal Data
AVPS will retain your personal data for only as long as needed for the purposes for which the personal data is processed and to meet AVPS’s legal obligations. See section below under “Your Rights” for additional information pertaining to the right of erasure, as well as other data subject rights.
We implement appropriate technical and organizational measures designed to assist in maintaining the security and confidentiality of personal data; safeguarding against anticipated threats to the confidentiality, integrity and availability of personal data; and protecting your personal data against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access. Such technical and organizational measures include all applicable security requirements in accordance with the Payment Card Industry Data Security Standard.
However, whenever personal data is processed, there is a risk that such data could be lost, misused, modified, hacked, breached, and/or otherwise accessed by an unauthorized third party. No system or online transmission of data is completely secure. In addition to the technical and organizational measures that AVPS has in place to protect your personal data, you should use appropriate security measures to protect your personal data. If you believe that your AVPS account or any information you provided to us is no longer secure, notify us immediately at firstname.lastname@example.org.
Right to Object
If you reside in the European Union, you have a right to object to the processing of your personal data for direct marketing purposes, including profiling related to direct marketing. “Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a data subject, such as when we provide you with a specific type of direct marketing information based on information you provided us when you signed up for a AVPS account (e.g., your location or organization type). If you exercise your right to object to processing for direct marketing purposes, including profiling related to direct marketing, AVPS will no longer process your personal data for such purposes.
Additionally, if you reside in the European Union, you have a right to object when we process your personal data based on the legitimate interests of AVPS or a third party. If you exercise your right to object where our processing or sharing of your personal data is based on legitimate interests that may result in the cancellation of your membership. AVPS will no longer process or share the personal data covered by your objection unless AVPS has compelling legitimate grounds for the processing or sharing that override your objection or that relate to the establishment, exercise or defense of legal claims.
If you live in the European Union and wish to exercise your right to object, please contact AVPS by emailing email@example.com or writing to AVPS LLC. (Attn: Privacy Support), 1521 Via Verane Dr Se, Rio Rancho, NM 87124, USA.
If you reside outside of the European Union, you may have a similar right to object under your local laws. If you do not live in the European Union but you think you have a right to object under your local laws, please contact AVPS by emailing firstname.lastname@example.org or writing to AVPS LLC. (Attn: Privacy Support), 1521 Via Verane Dr Se, Rio Rancho, NM 87124, USA.
Other Data Subject Rights
If you reside in the European Union, you may also, under certain circumstances specified within the General Data Protection Regulation (GDPR), have the right to request access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, and the right to lodge a complaint with a supervisory authority. If you live in the European Union, and if you wish to exercise any of these rights, please contact AVPS by emailing email@example.com or writing to AVPS LLC. (Attn: Privacy Support), 1521 Via Verane Dr Se, Rio Rancho, NM 87124, USA.
If you reside outside of the European Union, you may have similar rights under your local laws. For example, if you reside in Australia, Canada or New Zealand, you have a right to access and to seek correction of your personal data. If you wish to exercise those rights in those countries or if you live outside the European Union and think you have any data subject rights under your local laws, please contact AVPS at firstname.lastname@example.org.
California Privacy Rights
Do Not Track. The California Online Privacy Protection Act (CalOPPA) requires us to let California residents know that AVPS does not track its customers over time and across third-party websites and online services (e.g., mobile apps), and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites and apps may track your browsing activities when they provide you content, which enables them to tailor what they present to you. Third parties may collect personal data relating to your online activities over time and across different websites and apps when you use our Sites.
Request for California Privacy Information. Under California’s “Shine the Light” law, a part of California’s Consumer Records Act, AVPS customers who are California residents may request, once per calendar year, information regarding the types of customer information shared by AVPS with third parties for their direct marketing purposes, during the previous calendar year, and the identities of those third parties. To request this information, California customers may send an email to email@example.com with “Request for California Privacy Information” in the subject line.
Notice for Minors. Under California’s “Privacy Rights for California Minors in the Digital World,” if you are a California resident under the age of 18, you have the right to remove or request and obtain removal of certain content that you have publicly posted on the AVPS website. There may be circumstances under which the law does not require or permit removal even if requested. Additionally, complete or comprehensive removal of content or information posted on the site or app cannot be ensured. If you are a California minor wanting to request removal, please send an email detailing the specific information you would like removed to firstname.lastname@example.org.
If your personal data was collected by and on behalf of AVPS (e.g., personal data of a customer collected through our website), then such personal data is controlled by AVPS, LLC., which is located at 1521 Via Verane Dr Se, Rio Rancho, NM 87124, USA and which you can contact by email at email@example.com.
We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Such notice will be provided on the AVPS website.