(760) 652-3738 connect@raabsmithteam.com

PRIVACY POLICY

 

Updated: Jan-2022

This privacy policy (hereinafter “Privacy Policy” or “Policy”) deals with the protection of your privacy while you use our website which is hereinafter referred to as “the website” and which is located at: https://raabsmithteam.com/

We are committed to the protection of your privacy while you use the website. We take your privacy very seriously so we urge you to read this policy very carefully because it contains important information about:

– who we are

– how and why we collect, store, use and share personal information

– your rights in relation to your personal information, and

– how to contact us and supervisory authorities in the event that you have a complaint.

(1) INTERPRETATION

In this Privacy Policy, unless the context otherwise requires, the following rules of interpretation shall apply:

  • Words referring to one gender include every other gender.
  • Words referring to a singular number include the plural, and words referring to a plural include the singular.
  • Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.
  • Headings and titles are included in this Privacy Policy for convenience only and shall not affect the interpretation of this Privacy Policy.
  • Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Privacy Policy and the events contemplated by it.
  • Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

(2) WHO WE ARE

(a) The Raabsmith Team owns this website. We collect, use and are responsible for certain personal information about you. We may also be regulated by the General Data Protection Regulations (“GDPR”) which apply across the European Union (“EU”) and we may be responsible as “controller” of that personal information for the purposes of those laws.

(3) THE INFORMATION WE COLLECT AND USE, HOW WE COLLECT IT, AND WHY WE COLLECT IT

(a) We collect personal information in a number of ways when you use our website.

(b) We use your personal information to help us improve your experience with our website.

(c) This section provides further information about the information we collect, how we collect it, and

the purposes for which we collect it.

Cookies and similar technologies

  • A cookie is a small text file which is placed onto your computer or electronic device when you access our website. Similar technologies include web beacons, action tags, local shared objects (“flash cookies”) and single-pixel gifs. Such technologies can be used to track users’ actions and activities, and to store information about them. We use these cookies and/or similar technologies on this website. The information you provide to us may be archived or stored periodically by us according to our standard backup processes.
  • This information helps us to build a profile of our users. Some of this information may be aggregated or statistical, which means that we will not be able to identify you individually.
  • In addition it should be noted that in some cases our cookies or similar technologies may be owned and controlled by third parties who will also collect personal information about you.
  • If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment.
  • If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
  • When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
  • If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited.
  • For further information on cookies generally visit https://cookiepedia.co.uk/ or https://allaboutcookies.org.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/.  After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

(4) WHETHER YOU HAVE TO PROVIDE PERSONAL INFORMATION, AND IF SO WHY

Notwithstanding the preceding clause, in relation to some of your personal information, you can choose not to provide it to us. However, if you do so, some features of our website may not work as intended. In addition, there are some categories of personal information that you must provide to us in order to use our website. In particular, you are required to provide the information to purchase products or subscribe to our newsletter. We will inform you at the point of collecting information from you, whether you are required to provide the information to us.

(5) MARKETING

We would like to send you information about products, services, offers, competitions and our business which may be of interest to you. Such information could be sent by post, email, telephone, text message or automated call.

We will ask whether you would like us to send you marketing messages on the first occasion that you provide any relevant contact information (i.e. on purchase, signing up to a newsletter, entering a competition etc). If you do opt in to receive such marketing from us you can opt out at any time.

If you have any queries about how to opt out, or if you are receiving messages you do not want you can contact us using the details provided below.

(6) INFORMATION YOU RELEASE

You acknowledge and agree that if you publish or submit personal information in publicly accessible sections of the website (such as forums, bulletin boards, chat rooms, or other similar sections), then you are solely responsible for the release of that personal information and we are not liable or responsible in relation to the release of that personal information.

(7) EMAIL OPT IN/OUT

If you receive an email from us in relation to the website and would prefer not to receive such correspondence in the future, you may follow the instructions in the email to opt out of future correspondence. You may also contact us, using the details at the bottom of this Privacy Policy, in order to opt out of future correspondence. We will make all reasonable efforts to promptly comply with your requests. However, you may receive subsequent correspondence from us while your request is being handled.

(8) COMBINING INFORMATION

We do not combine, link or aggregate any of your personal information with other personal information of yours which we are holding.

(9) WHO YOUR INFORMATION MAY BE SHARED WITH

We may share your information with law enforcement agencies in connection with any investigation to help prevent unlawful activity. We may provide some of your personal information from time to time to third party service providers so that they can help us to serve you.

We may use third party service providers to assist with information storage (such as cloud storage). We may provide some of your personal information to third party service providers for the purpose of analyzing data or tracking usage. For example, we may use these services to find out where page requests come from, dates and times of page requests, details of any website that referred you to the website and other details about your usage of the website. This information enables us to understand patterns of usage of the website, and to improve the website. We may use third party service providers to host the website. If this occurs, that third party service provider is likely to have access to some of your personal information.

Notwithstanding the other provisions of this Privacy Policy, we may provide your personal information to a third party or to third parties in order to protect the rights, property or safety, of us, our customers or third parties, or as otherwise required by law. We promise not to spam you, or to sell or rent your personal information to anyone else.

(10) HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT

Your personal information will be kept, in a form which permits your identification, for no longer than is necessary for the purposes which we have described in this Privacy Policy.

Notwithstanding the preceding sub-clause hereof, your personal information may be stored for longer periods insofar as the personal information will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes (subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard your rights and freedoms).

(11) REASONS WE CAN COLLECT AND USE YOUR PERSONAL INFORMATION

We rely on the following as the lawful basis (or bases) on which we collect and use your personal information:

  • the processing is necessary for us to comply with the law or legal obligation (not including contractual obligations)
  • the processing is necessary to protect vital interests such as someone’s life
  • the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
  • you have given clear consent to us to process your personal data for a specific purpose
  • the processing is necessary for a contract we have with you, or because you have asked us to take specific steps (such as provide a quote) before entering into a contract
  • the processing is necessary for our legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect your personal data which overrides those legitimate interests.

(12) CHILDREN AND THE VALIDITY OF CONSENT

Where we obtain consent from any user we will take reasonable steps to ascertain whether the user has the legal capacity to give sufficiently informed and valid consent. If we determine that the user does not have legal capacity, parental consent will be required to provide consent for the processing of any personal information.

(13) MERGER, RESTRUCTURE OR SALE OF OUR BUSINESS

Part or all of our business may be merged, restructured or sold including but not limited to through an ordinary sale of business or of stock, a corporate reorganisation, a change in control, bankruptcy or insolvency proceedings.

In the event that such a merger, restructure or sale occurs as described in the preceding sub-clause hereof, we may transfer your personal information, including personally identifiable information, as part of that merger, restructure or sale.

(14) KEEPING YOUR INFORMATION SECURE

  • By continuing to use the website, you agree to the terms of this Privacy Policy. You acknowledge, agree and accept that no transmission of information or data via the internet, or electronic storage of data, is completely secure. You acknowledge, agree and accept that we do not guarantee or warrant the security of any information that you provide to us, and that you transmit such information at your own risk. However, we take the protection and storage of your personal information very seriously.
  • We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
  • We will also use technological and organisation measures to keep your information secure. These measures may include the following:
    – User account access is controlled by username and password.
    – Payment information is secured by SSL.
  • We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
  • Indeed, while we will use all reasonable efforts to secure your personal data, in using the site you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet. If you have any particular concerns about your information, please contact us using the details below.

(15) TRANSFERS OF YOUR INFORMATION TO OTHER JURISDICTIONS

  • Our business is based in the United States of America.We may need to share some of the information that we collect about you from the UK and/or the European Economic Area (“EEA”) with organisations both inside and outside USA. In some cases, we may need to ask you before we do this. The USA has strict data protection laws but they vary in some respects from the data protection laws in the UK and the EEA.
  • We might also store your information in cloud storage or some other form of networked storage. This storage may be accessible from various countries via the internet, which means it is not always practicable to determine the countries in which your information might be stored or accessed. (f) Many countries outside of the UK and the EEA do not have the same data protection laws as the
  • If we transfer, share, store or handle your information outside of the UK or the EEA, it will only be done with relevant protections in place. We will take reasonable steps to ensure that your information will be protected in accordance with applicable data protection laws and in accordance with legally recognised data transfer mechanisms.

(16) ACCESSING, UPDATING AND CORRECTING YOUR PERSONAL INFORMATION

(a) We are committed to ensuring that any of your personal information which we are holding is accurate and kept up to date.

(b) We will take all reasonable steps to ensure that personal information which is inaccurate (having regard to the purposes for which it was processed) is erased or rectified without delay.

(c) You have the right to request access to any of your personal information which we are holding.

(d) You have the right to request that any of your personal information which we are holding be updated or corrected.

(e) In order to request access, an update or a correction to your personal information, you may contact us using the details at the end of this Privacy Policy.

(17) GOVERNING LAW

This Privacy Policy is subject to the laws of the State of California in the United States of America and each party submits to the jurisdiction of the courts of California, USA.

(18) HOW TO COMPLAIN

If you have a complaint in relation to our handling of your personal information, we will endeavour to handle it promptly and fairly. For your information, an overview of our complaints handling procedure is as follows:

  • We aim to review all complaints within 7 days of receiving them (although this cannot be guaranteed).
  • If we accept fault in relation to the complaint then we will propose a resolution (which may or may not be the same as any resolution proposed by you).
  • If we do not accept fault, then we will contact you to advise you of this. We aim to complete this entire process within 21 days, provided that we are provided complete information in the first place (although this cannot be guaranteed). However, if you do not provide complete information then this is likely to delay the handling of your complaint.

All complaints should be provided in writing either by email, using the contact details at the end of this Privacy Policy. Describe the nature of your complaint including any relevant dates, people involved, any consequences that have occurred, and what you believe should be done to rectify the issue. We will endeavour to respond within 21 days, although we cannot guarantee this.

If you are not satisfied with our response to your complaint, you may refer your complaint to the relevant external dispute resolution organisation in your area. The GDPR also gives you the right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred.

(19) YOUR DATA PROTECTION RIGHTS

You have the following rights in relation to the personal data we hold about you under certain circumstances:

  • To obtain the confirmation that we process personal data about you, to access and obtain copies of the information, as well as information relating to the processing we carry out.
  • To request your personal data be corrected where appropriate.
    • If personal data we hold about you is inaccurate or incomplete, you may request that data be amended. However, please be aware that it is every person’s responsibility to provide us with accurate personal data and to inform us of any changes (e.g. new home address or change of name).
  • To request your personal data be deleted, where appropriate.
    • If you demonstrate that the purpose for which the personal data is being processed is no longer legal or appropriate, the data will be deleted, unless we can demonstrate that we are required to retain the personal data by applicable law or otherwise.
    • If we have shared your personal data with others, we will let them know about the deletion where possible. If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personal information with so that you can contact them directly.
  • To request that we restrict the processing of your personal data in some circumstances, such as where you contest the accuracy of the personal data, while we investigate your concern.
    • It will not prevent us from storing your personal information.
    • We will tell you before we lift any restriction.
    • If we have shared your personal information with others, we will let them know about the restriction where it is possible for us to do so.
    • If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personal information with so that you can contact them directly
  • Where processing is based on your consent, to receive your personal data in a commonly used electronic format, or ask that we move your personal data in that format to another provider, where your request relates to the personal data that you gave us directly and where technically possible.
  • To object to your personal data being processed where we are relying on ours or a third party’s legitimate interest to do so or for the purpose of direct marketing.
  • To withdraw your consent at any time when processing relies upon consent.
  • In France, to give us instructions concerning the use of your personal data after your death.

Data subjects may exercise these rights verbally or in writing using our contact information provided in the section below entitled CONTACT DETAILS.  We will endeavour to promptly respond to your requests.  Where you ask us to provide a copy of your personal data we are legally obliged to respond within one month of such request. If your request is denied, we will inform you about the reasons for denial.

Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data.  This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

(20) CHANGES TO THE PRIVACY POLICY

We may change this Privacy Policy from time to time. You should check this Privacy Policy occasionally to ensure you are aware of the most recent version that will apply each time you access this website.

(21) CONTACT US

If you have any questions about this Privacy Policy or the information we hold about you, please contact us by email at connect@raabsmithteam.com.