Privacy policy

ProfitPlus Accounts and its franchisees, affiliates, and agents (collectively “ProfitPlus”, “we”, “us”, “our”) provides access to the “yourplanningclub.com” websites (individually and collectively the “Site”) as a service to our customers, suppliers and the general public (“users”). We are committed to protecting the privacy of the Personal Information of users of the Site (collectively, “you”, “your”). Our employees have been trained on and understand the importance of our Privacy Policy and internal protocols, and follow them carefully.

1. Definitions

A “user” is someone who accesses, browses or in any way uses the Site or Site Content or receives electronic communication from us.

“Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to or through the Site.

“Your Content” means Content that you submit or transmit to or through the Site.

“User Content” means Content that users submit or transmit to or through the Site.

“ProfitPlus Content” means Content that we create and make available on the Site.

“Third Party Content” means Content that is made available on the Site by parties other than yourplanningclub.com or its users.

“Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and ProfitPlus Content.

“Site” means the Site, and the software, hardware, tangible and intangible rights or assets, either property, managed, licensed or used by ProfitPlus, at its principal place of business or such other place of business that manages the Site, for operating and making available the Site to internet users, and includes without limitation Site Content and information posted and accessible therein.

The term “Personal Information” means information about a determined or identifiable individual. This includes but is not limited to your name, address, telephone number, occupation, profession or personal occupation, images, video or photos that may allow proper identification, e-mail address, and any other sensitive information that may be related to race; ethnicity; political position; religious, philosophical or moral convictions; union affiliation; health condition or sexual orientation, or any other considered as personal or sensitive data, regulated or protected under data privacy laws.

2. Purpose, Scope and Intent

2.1. The purpose of this Privacy Policy is to set out the principles governing our collection, use and disclosure of the Personal Information we may obtain about you during your visit to or use of the Site or otherwise (the “Purpose”).

3. Information We Collect from You

3.1. We collect your Personal Information primarily from you. We may also collect it from other sources including agents and contractors or other third parties who represent that they have the right to disclose the information.

3.2. When you register for a consultation, provide consent to receive electronic communication from us, or otherwise, we may collect from you certain information, including but not limited to the following: your first and last name and email address; mailing address; and phone number. You agree and warrant to us that you are providing this information for business purposes and not in any personal capacity.

3.3. From time to time, we may request other Personal Information in order to provide features, functions or services, but you will always have the choice to decide whether or not to provide the requested information. If you access the restricted access portions of the Site or request certain services, you may be required to provide additional Personal Information.

4. Your Consent

4.1. We may collect, use or disclose your Personal Information only with your consent or as permitted or required by law. By providing Personal Information to us, you are consenting to its collection, use, and disclosure as set forth herein.

4.2. We may also obtain your specific consent in your request for a consultation, consent to receive electronic communication from us or other document, or by facsimile, electronic mail or telephone conversations with our employees, franchisees, representatives or agents.

4.3. We also obtain consent from an individual representing to us that he or she has the authority to provide such consent. 4.4. The form of consent may vary depending upon the circumstances and the type of information, including the sensitivity of the information and your reasonable expectations.

4.5. You may opt into or out of receiving marketing or promotional communications from us at any time by contacting us or by online subscribe/unsubscribe. You may withdraw your consent for any other identified purposes at any time, subject to legal and/or contractual restrictions and reasonable notice. We may not be able to provide you with a particular service, including without limitation electronic communications or access to the Site, if you withdraw your consent to certain uses of Personal Information.

5. What We Do with Your Personal Information

5.1. Personal Information provided by you in connection with your business relationship with

5.1. Personal Information provided by you in connection with your business relationship with us, may be used by, collected by and/or disclosed by us (including our franchisees, agents, and

5.1. Personal Information provided by you in connection with your business relationship with us, may be used by, collected by and/or disclosed by us (including our franchisees, agents, and affiliate organizations) for the following purposes:

5.1.1. To enable us to enter into contractual relationships with you, including without limitation the Terms of Use;

5.1.2. For contract management and administration;

5.1.3. To provide information and services that you request, including without limitation in-home consultation, and to respond to your comments and inquiries;

5.1.4. To place certain information provided by you on the Site for viewing by users;

5.1.5. In top-level aggregated form to attract users, as well as to expand, reduce and otherwise make changes to the Site (such aggregated reports will not contain personally identifiable information);

5.1.6. For marketing and promotion of services to you;

5.1.7. To meet legal and regulatory requirements or to disclose information when we believe in good faith we are compelled to do so by law, a subpoena, court order, regulatory body or similar legal procedure;

5.1.8. If we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss or to report suspected illegal activity;

5.1.9. In connection with business relationships involving ProfitPlus, but only where such third party receiving this Personal Information first agrees to be bound by the terms of this Privacy Policy;

5.1.10. To analyze data individually or in aggregate to assist in our internal economic and demographic projections and to display that aggregated data; and

5.1.11. As may be otherwise authorized by you.

5.2. If your Personal Information is to be used or disclosed for any new purposes, we will, to the extent required by law, identify these new purposes prior to such use or disclosure and, if required, obtain your consent.

5.3. We will not sell any of your Personal Information that you provide us or provide to a third party for the purpose of solicitation by a third party.

5.4. We may aggregate information or anonymize such information that is not publicly available, including User Content, in a manner that creates non-identifiable information and disclose such information to third parties for other marketing, promotional, statistical and useful purposes. In these situations, ProfitPlus does not disclose to these entities any Personal Information.

5.5. In some cases Personal Information may be disclosed, processed and/or stored outside of the country in which you or we reside, and therefore may be available to government authorities under lawful orders and laws applicable there.6. Privacy and the Internet

6. Privacy and the Internet

6.1. On the Site we may also collect information that, alone, cannot be used to identify users. Examples of these types of non-Personal Information include IP addresses, cookies, Internet tags and navigational data.

6.1.1. An Internet Protocol (IP) address is a number automatically assigned to users’ computers when they access the Internet. This number does not identify the user’s name, e-mail address or other Personal Information. This information may be used to perform certain operations including without limitation to measure website traffic, to help to understand how people are using the website and to improve the website and services provided.

6.1.2. “Cookies” are small text files that our Site sends to your browser, which provides information to us about your general Internet usage, such as recognizing repeat visitors and allowing us to understand how and when pages are visited. You may opt to enable a feature in your browser software that will erase cookies or block all cookies, however, some parts of the Site may no longer function properly if cookies are disabled.

6.1.3. Internet tags are smaller than cookies and tell the Site server information such as the IP address and browser type related to a user’s computer. Tags may indicate how many times a page is opened and which information is consulted.

6.1.4. Navigational data (including log files) are used for system management, to improve the content of the Site, for market research purposes and to communicate information to visitors. This may include the website you came from, your browser type, domain name and time and date of access.

6.1.5. When we send you emails, we may include a web beacon to allow us to determine the number of people who open our emails. When you click on a link in an email, we may record this individual response to allow us to customize our offerings to you. Web beacons collect only limited information, such as a cookie identifier, time and date of a page being viewed, and a description of the page on which the web beacon resides (the URL). Web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

6.2. The Site may contain links to other sites. The provision of these links is for your convenience only, and except for any sites that we own does not constitute an endorsement, recommendation or approval of such other sites. This Privacy Policy is no longer applicable when you leave our Site by way of links or otherwise. Linked sites may or may not maintain their own independent privacy policies and procedures. You should consult these policies and procedures before providing any Personal Information to these linked sites.7. Maintaining the Accuracy of Your Personal Information

7. Maintaining the Accuracy of Your Personal Information

7.1. You are solely responsible for the accuracy, completeness and up-to-date aspect of the Personal Information you provide to us. We shall use reasonable efforts to keep our records of your Personal Information accurate, complete and up-to-date based upon the Personal Information we receive from you.

7.2 You or a person authorized by you, are responsible for informing us about changes to your Personal Information that are necessary to fulfill the identified purposes, such as but not limited to: if your name or address changes; or if a contact person changes.

8. Safeguarding Your Personal Information

8.1. We take commercially reasonable precautions to protect your Personal Information (regardless of the format in which it is held) against loss or theft, unauthorized access, unauthorized disclosure, copying, use, or modification, through safeguards appropriate to the sensitivity of the Personal Information.

8.2. Access to your Personal Information is only given to individuals who need to know the information and whose duties reasonably so require the information in order to fulfill the identified purposes.

8.3. ProfitPlus has adopted commercially reasonable physical, procedural and technological procedures, including firewalls, in an effort to keep your Personal Information and Your Content safe from loss, misuse, alteration and unauthorized access or disclosure. Data transmitted over the Internet, however, is not guaranteed to be secure and we does not guarantee, warrant or represent that the Personal Information you provide will be transmitted securely or protected completely against interception, loss, misuse or alteration. ProfitPlus accepts no responsibility or liability whatsoever for any damages that may result where Personal Information submitted by you has not been securely transmitted, or has been intercepted, lost, misused or altered.

8.4. We retain your Personal Information only as long as necessary or relevant (1) for the identified purposes, (2) as required by law, (3) as required by agreements with third parties related to the operation of ProfitPlus, (4) where we use your Personal Information to make a decision about your request for a consultation, long enough to allow you access to the information for a reasonable period of time after the decision has been made, and (5) where your Personal Information is the subject of a request from you, for as long as is reasonably necessary to allow you to exhaust any recourse you may have under the law. We shall use commercial reasonable efforts and protocol to dispose of or destroy your Personal Information to prevent unauthorized parties from gaining access to the information.9. Special Note About Children

9. Special Note About Children

9.1. The Site and electronic communication from ProfitPlus are not directed towards children, nor does ProfitPlus believe that the Site will be of interest to children. ProfitPlus recognizes, however, the important safety issues regarding children who access the Internet. ProfitPlus does not knowingly collect, use, or disclose Personal Information from children, and is committed to complying with all applicable laws and requirements, such as the United States Children’s Online Privacy Protection Act. To remove the information related to a child who has provided Personal Information to us and permanently remove all Personal Information regarding this child from our database, you should contact our Privacy Officer as provided for herein.

10. Promotional Communications

10.1. Through the Site and otherwise, we offer you the option of receiving electronic communication, including without limitation e-newsletter and notification of special offers, by us. You must indicate your consent to receive this valuable service. 10.2. From time to time, we may request information from you via surveys or otherwise. Participation in these surveys or other means is completely voluntary and you therefore have the choice whether or not to disclose the requested information. Information requested may include contact information (such as name, email address and shipping address), and demographic information (such as postal/zip code, etc.). Survey information will be recorded on an individual basis for the purpose of monitoring or improving the quality of the Site or for the other specific reasons given when the information is requested.

11. Fraud

11.1. If we suspect fraud by any user, we may investigate and report any evidence, including personally identifiable information, to law enforcement and to the courts in the course of seeking remedies in law or equity. 11.2. Any suspected breaches to the security of the Site should be immediately reported to our Privacy Officer as provided for herein.12. Individual Access

12. Individual Access

12.1. Subject to restrictions detailed herein and within reasonable terms, you may obtain access to files on your Personal Information by making a formal request to our Privacy Officer.

12.1. Subject to restrictions detailed herein and within reasonable terms, you may obtain access to files on your Personal Information by making a formal request to our Privacy Officer.13. Unsubscribe

13. Unsubscribe

13.1. You may unsubscribe from receiving all or a portion of electronic communication from us at any time in accordance with our Terms of Use.

14. Language and Governing Law

14.1. Where we provided you with a translation of the English language version of the Privacy Policy or any other documentation, you agree that the translation is provided solely for your convenience and that the English language versions of the Privacy Policy and any other documentation will govern the Privacy Policy and your relationship with ProfitPlus. The parties have required that the Privacy Policy and all related documents be drawn up in English. Les parties

14.2. Governing Law. This Privacy Policy and all actions contemplated by the same shall be governed by and construed and enforced in accordance with the internal laws of the State of Florida and the United States of America, as applicable, including the principles of conflict of laws thereof. All acts involving the registration, use or operation of the Site shall be deemed as accessed, entered, perfected or finally accepted, at the place of the location of ProfitPlus’s headquarters, irrespective of the location of the Site servers. All acts shall be considered as lastly accepted and perfected by ProfitPlus and at ProfitPlus’s headquarters.

15. Our Privacy Policies and Practices

15.1. By using the Site, you consent to the collection and use of your information as ProfitPlus has outlined in this Privacy Policy and to the Terms of Use. ProfitPlus reserves the right to change, modify or update the terms of this Privacy Policy at any time without notice. ProfitPlus posts the revised Privacy Policy on the Site and indicates the date of the current statement below, so you know when it was last updated. You are responsible for regularly checking the Privacy Policy for revision. Non-material changes will take effect immediately. Material changes will take effect 30 days after their posting. Any use by you of the Site after such effective date signifies your consent and agreement to the modified Privacy Policy.

15.2. You may challenge the accuracy and completeness of your Personal Information held by us and ask us to amend the information as appropriate. Under certain conditions as permitted or required by law, we may not provide you with access to your Personal Information kept in our file. Where we refuse your request, we will identify the reasons for refusing the request. If a complaint is found to be justified, we will take appropriate measures including, if necessary, amending our policies and practices.
Franchise Disclaimer

This information is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for information purposes only. Currently, the following states regulate the offer and sale of franchises: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. If you are a resident of or want to locate a franchise in one of these states, we will not offer you a franchise unless and until we have complied with applicable pre-sale registration and disclosure requirements in your state.