Last Updated: March 16, 2022
If you are a California resident, please see the “What are your California Privacy Rights?” section.
Table of Contents
1. What information do we collect?
Information you provide to us
We collect information you provide directly to us. For example, we collect information directly from you when you create an account, request a demonstration, submit or post content through our Services, make a purchase, communicate with us via third-party platforms, participate in a webinar, request customer support, or otherwise communicate with us. The types of information about you that we collect include your name, email address, postal address, phone number, and any other information you choose to provide. Additionally, if you make a purchase, we work with a third-party payment processor to collect and process your payment information.
Information we collect automatically
We automatically collect certain information about your interactions with us or our Services, including:
- Activity Information: We collect information about your activity on our Services, such as command usage, configurator types and site location within 50 miles.
- Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
- Device Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version.
Information Collected by Cookies and Similar Tracking Technologies: We (and those who perform work for us) use tracking technologies, such as cookies and web beacons, to collect information about your interactions with the Services. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see the “What are your choices?“ section below.
Information we collect from other sources
We obtain information from other sources. For example, we may collect information from advertising networks, data analytics providers, and mailing list providers. This information includes names, contact information, employer and job title.
2. How do we use information?
We use the information we collect to improve the product and customer experience of TestFit Services. We also use the information we collect to:
- Provide, maintain, improve, and develop new products and services, including to debug and repair errors in our Services;
- Personalize your experience with us;
- Send you technical notices, security alerts, support messages and other transactional or relationship messages;
- Communicate with you about products, services, and events offered by TestFit and others and provide news and information that we think will interest you (see the “What are your choices?“ section below for information about how to opt out of these communications at any time);
- Monitor and analyze trends, usage, and activities in connection with our products and services;
- Personalize the advertisements you see on third-party platforms and websites (for more information, see the “What are our advertising and analytics practices?” section below);
- Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of TestFit and others;
- Comply with our legal and financial obligations;
- Create de-identified, anonymized or aggregated information; and
- Carry out any other purpose described to you at the time the information was collected.
3. How do we share information?
We share personal information in the following circumstances or as otherwise described in this policy:
- We share personal information with vendors that access personal information to perform work for us, such as companies that assist us with web hosting, payment processing, fraud prevention, customer service, and marketing and advertising.
- If you provide a product review or otherwise share content on our Services, we share this information publicly/with other users of our Services.
- We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
- We may share personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of TestFit, our users, the public, or others.
- We share personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
- We may share personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
- Personal information is shared between and among TestFit and our current and future parents, affiliates, and subsidiaries and other companies under common control and ownership.
- We share personal information with your consent or at your direction.
We also share aggregated or de-identified information that cannot reasonably be used to identify you.
4. What are our advertising and analytics practices?
We also work with third parties to serve ads to you as part of customized campaigns on third-party platforms (such as those operated by Alphabet, Amazon, Twitter, LinkedIn or Meta). As part of these ad campaigns, we or the third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.
5. How do we approach transfers of information to the United States and other countries?
TestFit is headquartered in the United States and we have operations and vendors in the United States and other countries. Therefore, we and those that perform work for us may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law, such as by obtaining your consent, relying on the European Commission’s adequacy decisions, or executing Standard Contractual Clauses.
6. What are your choices?
You may update and correct certain account information at any time by accessing your Admin page on the TestFit website. If you wish to deactivate your account, please email us at email@example.com, but note that we may retain certain information as required by law or for our legitimate business purposes.
Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, and how to disable existing cookies. For more information about cookies and how to disable them, you can consult the information at www.allaboutcookies.org/manage-cookies/. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.
You may opt out of receiving promotional emails from TestFit by following the instructions in those communications, typically in the footer of the email. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Mobile push notifications
With your permission, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
7. What are your California Privacy Rights?
The California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.) affords consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you.
California Consumer Privacy Act
In the preceding 12 months, we have collected the categories of personal information listed in the left column of the table below. For details about the precise data points we collect and the categories of sources of such collection, please see the “What information do we collect?” section above. We collect personal information for the business and commercial purposes described in the “How do we use information?“ section above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:
Category of Personal Information
Categories of Recipients
Identifiers, such as name, email address, postal address, phone number and any other such information you choose to provide to us.
Advertising Networks, Data Analytics Providers, Financial Transaction Providers, Marketing Automation Providers
Commercial Information, such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Data Analytics Providers, Financial Transaction Providers, Marketing Automation Providers
Professional Data, such as job title or other affiliations with certain companies.
Marketing Automation Providers
Visual, Audio, and Electronic Information
Internet or other Electronic Network Activity Information, such as interactions with our Services (product usage) or internet connection health.
Data Analytics Providers
Inferences drawn from any of the information identified above to create a profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Advertising Networks Data Analytics Providers
California law requires that we provide transparency about personal information we “sell,” which for the purposes of the CCPA broadly means scenarios in which we have shared personal information with partners in exchange for valuable consideration. While we do not provide personal information about you to other companies for money, we do allow our advertising partners to collect Identifiers and Inferences via our Services to show you ads that are targeted to your interests. To opt out of having your personal information used for targeted advertising purposes, visit our “Do Not Sell My Personal Information” [link] webpage to make an opt-out request. Please also see the “What are our advertising and analytics practices?” section above for more information about behavioral advertising.]
We do not knowingly sell personal information about consumers under the age of 16.
Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use, sell, and disclose, (2) request deletion of your personal information, (3) opt out of any “sales” of your personal information that may be occurring, and (4) not be discriminated against for exercising these rights. You may make these requests by emailing us at firstname.lastname@example.org. We will verify your request by asking you to provide information related to your recent interactions with us, such as by confirming the time of your last usage of the TestFit Services. We will not discriminate against you if you exercise your rights under the CCPA.
If we receive your request from an authorized agent and they do not provide a valid power of attorney, we may ask the authorized agent to provide proof that you gave the agent signed permission to submit the request to exercise rights on your behalf. In the absence of a valid power of attorney, we may also require you to verify your own identity directly with us or confirm to us that you otherwise provided the authorized agent permission to submit the request. If you are an authorized agent seeking to make a request, please contact us at email@example.com.
8. Additional disclosures for individuals in Europe
If you are located in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, you have certain rights and protections under the law regarding the processing of your personal data, and this section applies to you.
Legal Basis for Processing
When we process your personal data, we will do so in reliance on the following lawful bases:
- To perform our responsibilities under our contract with you (e.g., processing payments for and providing the products and services you requested).
- When we have a legitimate interest in processing your personal data to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).
- To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of marketing communications).
- When we have your consent to do so (e.g., when you opt in to receive marketing communications from us). When consent is the legal basis for our processing your personal data, you may withdraw such consent at any time.
We store personal data associated with your account in accordance with the end user license agreement or other terms and conditions governing your use of the applicable TestFit Services. We store personal data for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.
Data subject requests
Subject to certain limitations, you have the right to request access to the personal data we hold about you and to receive your data in a portable format, the right to ask that your personal data be corrected or erased, and the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, please contact us at firstname.lastname@example.org.
If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside.