Effective Date: July 1, 2019
Welcome to the Amplify Latinx (“Amplify,” “us,” or “we”) PowerUp Business website located at https://powerup.amplifylatinx.co (the “Web Site”). The Web Site is intended to create visibility for Latino-owned businesses and facilitate connections to customer and business resources, including our partners. Our mission is to unleash our region’s untapped economic potential through the growth of our Latinx owned businesses.
To the extent we provide you notice on our Services of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.
2. What Information Do the Services Collect?
We may collect a variety of information about you such as (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, business address, telephone number, email address, and in the future, credit card information if you purchase Services through the Web Site (“Personal Information”); and (2) business information, such as information about your organization, size, employees, revenues and stage of growth (“Business Information”) through your interaction with our Service (3) demographic information, such as information about your gender, age, ethnicity, work experience and education level (“Demographic Information”) through your interaction with our Services. The type of information collected will depend on the type of User (defined below) you are, and how you use our Services.
2.1 Information You Provide to Us
A. When You Register
You may choose to create an account with our Services as a user (“Member”). To create an account you need to provide account data including your name, email address and a password.
B. When You Create a Profile
Individuals who choose to create a Member account may also choose to create a business listing. You can choose what information to share on your profile, such as your company name, location, website, contact information, social media accounts, photographs and logo. You are required to provide this information to create a business profile. Please do not include personal information in your profile that you do not want to be publicly available.
C. When You Post, Upload and/or Receive Messages
We collect Personal Information, Business Information, Demographic Information, and/or Usage Information (defined below) from you when you provide, post, or upload it to our Services, such as when you post a status update. You do not have to post or upload any information if you do not want to do so. We may also collect Personal Information, Business Information, Demographic Information, and/or Usage Information about you when you send, receive, or read messages in connection with our Services. We also use automatic scanning technology on messages.
2.2 Information Others Provide to Us About You
A. Others’ Posts and Uploads
We may receive information about you, including Personal Information, Business Information, and/or Demographic Information, from your connections and others that use the Service, such as when they submit content to us or post on the Service. Other people or businesses may post content on our Services that contains information about you (such as articles, posts, or videos). We collect public information about you, such as professional-related news and accomplishments and may make it available as part of our Services (e.g. suggestions for your profile, or notifications of mentions in the news).
B. Records from Third Parties
2.3 Information We Collect When You Use Our Services
In addition to any Personal Information or other information that you or third parties choose to submit to us (as described above) we and our third-party service providers may use a variety of technologies that store or collect certain information whenever you visit or interact with the Services (“Usage Information”) whether you are a Member or non-registered user of the Services (collectively, “Users”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Services. To the extent we associate Usage Information with your Personal Information we collect directly from you on the Services, we will treat it as Personal Information.
Usage Information may include:
- your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our Services;
- the areas within our Services that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
A discussion of the types of Usage Information we collect is described in greater detail, below.
2.4 Usage Information Collected Through Use of Tracking Technologies
A. Types of Tracking Technologies We Use
We may use a variety of tracking technologies to automatically collect Usage Information, including, but not limited to, cookies, web beacons, embedded scripts, browser fingerprinting, GPS, iBeacons, and ETags (collectively “Tracking Technologies”). A cookie (or “locally shared object”) is a data file placed on your device when you visit our Web Site. Your browser, or other software (including Adobe Flash), may allow you to reject or remove cookies, but if you do so, some features of our Services may not work properly, and we may not be able to remember your preferences the next time that you visit. We also use web server logs to collect and store information about usage of our Services. When you use our mobile applications or visit our Services from a mobile device, like a smartphone, we may also collect additional information from your device, including your location, device identifier, and information about your mobile network.
B. Purpose of Tracking Technologies
We may use Tracking Technologies for a variety of purposes, including:
i. When Strictly Necessary to Provide the Services
We may use Tracking Technologies that we consider strictly necessary to allow you to use and access the Services, including Cookies required to prevent fraudulent activity and improve security.
ii. To Assess Performance
We may use Tracking Technologies that are useful in order to assess the performance of the Services, including as part of our analytic practices or otherwise to improve the content or services offered through the Services.
iii. To Improve Functionality
We may use Tracking Technologies to offer you enhanced functionality when accessing the Services, including identifying you when you visit the Services or keeping track of your specified preferences, including in terms of the presentation of content on the Services.
iv. To Deliver Relevant Content
We may use Tracking Technologies to deliver content relevant to your interests on the Services and third-party sites based on how you interact with our Services. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.
C. Tracking Technologies Choices and Consent
We are giving you detailed notice of the Tracking Technologies and your limited choices regarding them so that your consent is meaningfully informed.
D. Third Party Tracking
E. Do Not Track
Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how Amplify responds to “Do Not Track” browser settings.
There currently is no consensus among industry participants as to what “Do Not Track” means in this context. Therefore, like many websites and online services, our Services do not alter its practices when it receives a “Do Not Track” signal from a Member’s or User’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
F. Disabling Tracking Features
Regular Cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked by selecting certain settings.
Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies or other Tracking Technologies. For information on disabling Flash cookies go to Adobe’s website www.adobe.com.
Please be aware that if you disable or remove these technologies some parts of our Services may not work and that when you revisit our Services your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations. Further, App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of applications related to our Services) can only be disabled by uninstalling the App. To uninstall an app, follow the instructions from your operating system or handset manufacturer.
3. How Do We Use the Information Collected?
- to provide you with information or services that you have requested or agreed to receive or to provide you with marketing materials or services on behalf of us or third parties;
- to enable you to participate in a variety of the Services’ features;
- to process your registration submitted through the Services, including verifying your information is active and valid;
- to improve our Services or their functionality, to customize your experience on the Services, or to serve you specific content that is relevant to you;
- to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or Services’ policies;
- for internal business purposes; and
3.1 To Build Connections and Keep You Informed
Our Services allow you to connect with other members, businesses and partner organizations. We may use your Personal Information, Demographic Data, and/or Usage Information to help connect you with others in the Amplify Latinx network. We may use automated systems to profile and provide connection recommendations and to help make our Services more relevant to Members and Users.
We may use Personal Information, Demographic Data, and/or Usage Information (such as your profile, profiles you have viewed to help others find your profile, suggest connections for you, and enable you to invite others to become Members.
It is your choice whether to invite someone to use our Services, send a connection request, or allow another Member to become your connection. When you invite someone to connect with you, your invitation will include your name and photo. We will receive notifications within the platform from the person who invited you.
We may also use the data we have about you, to recommend relevant content on the Services. We may use your content, activity and other data, including your name and picture, to provide notices to your network and others, and to feature you on our Web Site.
3.2 To Promote Communication
We may use your Personal Information to facilitate communication with you through, for example, email, mobile phone, notices posted on our Services. We also enable communications between you and others through our Services, including for example sending invitations or messages to your connections.
We may send you messages about the availability of our Services, security, or other service-related issues. We also send messages about how to use the Services, network updates, reminders, job suggestions and promotional messages. While you may change your communication preferences at any time, please be aware that you cannot opt-out of receiving required service messages from us, such as security and legal notices.
3.3 To Develop Services, Provide Support, and Improve Security
We may use your Personal Information, Demographic Information, and/or Usage Information, to conduct research and further develop our Services to further our goal of significantly increasing the representation of Latinos in leadership positions. In some cases, we may work with trusted third parties to perform such research and may share Personal Information, Demographic Information and/or Usage Information with them for such purposes.
3.4 To Provide Advertising and Location-Based Services
We may also use your Personal Information, Demographic Information or Usage Information that we collect about you: (1) to specifically target relevant advertisements or content to you based on how you interact with our Services; (2) to understand the usefulness to you of the advertisements or content that have been delivered to you; and (3) to increase our Services’ functionality, including allowing you to comment or add content to the Services.
4. How and When Do We Share Information with Third Parties?
We may share non-Personal Information, such as aggregated user statistics, with third parties. We may share your Device Identifiers with third parties along with data related to you and your activities. We do not share your Personal Information that you have provided, such as through registering for membership or setting up a profile, with third parties for those third parties’ direct marketing purposes.
4.1 When You Request Information From or Provide Information to Third Parties
You may be presented with an option through our Services to receive certain information from third parties, such as other social media accounts, or to have us send certain information to third parties or give them access to it.
If you choose to do so, we may disclose your Personal Information and other information to such third parties and all information you disclose will be subject to the third-party’s privacy policies and practices.
In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools, apps, or ads on our Services.
This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content-sharing tools. By using those third-party tools, you acknowledge that you are subject to those third-parties’ practices and policies regarding Tracking Technologies.
We are not responsible for the privacy policies and practices of third parties and, therefore, you should review any third-party privacy policies and practices prior to requesting information from them or otherwise interacting with them.
4.2 When Third Parties Provide Services on Our Behalf
We may use third-party vendors to perform certain services on behalf of us or the Service, such as hosting the Services, designing and/or operating the Services’ features, tracking the Services’ activities and analytics, and other administrative services. We may provide these vendors with access to User Information to carry out the services they are performing for you or for us.
4.3 To Deliver Social Content and Advertising
We, and others we work with (e.g., third-party publishers, advertisers and advertising services providers) may use your Personal Information and/or Usage Information we have collected in connection with the Services to target and deliver content and/or advertisements to you and Users, both on and off of our Services.
4.4 To Protect the Rights of Amplify and Others
To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate:
(ii) To comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders).
To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, without notice to you.
4.5 In the Event of a Business Transfer
We reserve the right to disclose and transfer all such information:
(i) To a subsequent owner, co-owner or operator of the Services or applicable database; or
(ii) In connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
4.6 Your California Privacy Rights
Under California law, California residents who have an established business relationship with us or one of our Affiliates may choose to opt out of Amplify’s disclosure of personal information about them to third parties for direct marketing purposes. Unless noted at the time of collection, our policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, write to [email protected].
4.7 Transfer of Information to the United States, Your U.K. and European Union Privacy Rights
If you are from the European Union or the United Kingdom, upon request, free of charge, you have the right to:
- access and obtain a copy of the Personal Information we hold about you;
- obtain information about the purposes for which we process your Personal Information and the categories of Personal Information concerned;
- obtain information on the recipients or categories of recipients (including international recipients) to whom your Personal Information has been or will be disclosed;
- transfer of your personal information from us to another data controller;
- in certain circumstances, erasure of all Personal Information we hold about you;
- lodge a complaint to the supervisory authority in your jurisdiction in respect of our collection or use of your personal information; and
- withdraw your consent to our collection, use, storage, and dissemination of your data at any time.
Please be aware that any request for withdrawal of consent above will not affect the lawfulness of personal information collected, processed, and transferred prior to the date of such withdrawal. You can exercise your right at any time by contacting us by e-mail at [email protected] or by phone at (978) AMP-LIFY.
5. What About Information I Disclose Publicly Or To Others?
5.1 Your Profile is Public
Your profile page is, by default, set up to display information about you publicly. Accordingly, we encourage you to use discretion and good judgment when posting information or content as part of your profile.
Any information that you include on your profile and any content you post or social action (e.g. likes, comments, shares) you take on our Services may be public and may be viewed by other Users.
5.2 Your Posts, Likes, Comments, and Messages May Also be Public
The Services permit you to post updates, submit comments, and other content such as articles, videos, and photographs (collectively “User Submissions”). When you share User Submissions publicly it can be viewed by everyone and re-shared anywhere (subject to your settings). Users will be able to find and see your publicly-shared User Submissions. In a group, posts are visible to others in the group. When you join a public group, your profile is public and visible to the public. If you join a private group, your membership in that group will be visible only to the members of that group.
We or others may store, display, reproduce, publish, distribute or otherwise use User Submission online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you.
Others may have access to this User Submission and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Submission. Please note that we do not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure.
We are not responsible for the privacy or security of any information that you make publicly available through our Services or what others do with information you share with them on the Services. We are not responsible for the accuracy, use or misuse of any User Submission that you disclose or receive from third parties through the Services.
6. Do Third-Party Content, Links To Third-Party Sites, and/or Third-Party Apps Appear on your Services?
Our Services may contain content that is supplied by third parties, and such third parties may collect Usage Information and your Device Identifier when you visit pages from our Services. In addition, when you are on our Services you may be directed to other services that are operated and controlled by third parties that we do not control.
We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others.
For example, if you “click” on a link, the “click” may take you off the Services onto a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you, including Personal Information, and may or may not have their own published privacy policies.
Third-party applications may also be available via the Services. The owners of these applications (“Third-Party Owners”) may collect Personal Information, Demographic Information, Usage Information, and/or other data from you and may have their own policies and practices. We are not responsible for how Third-Party Owners or their applications collect or use your information and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others.
These Third-Party Owners may have their own terms of service, privacy policies or other policies and ask you to agree to the same. We are not responsible for these third-party privacy policies or the practices of Third-Party Owners. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications.
We also encourage you to note when you leave our Services and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
7. Are Ads Displayed on the Services?
7.1 We may Use Third-Party Network Advertisers
The Services may, at our discretion, use third parties such as network advertisers and ad exchanges to serve advertisements on the Services and may use third-party analytics and other service providers to evaluate and provide us and/or third parties with information about the use of the Services and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your visits to the Services and other apps and sites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested.
7.2 Network Advertisers May use their Own Tracking Technologies
The Service’s third-party ad network and exchange providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies (including Flash cookies), web beacons and other Tracking Technologies on your Device and track certain behavioral Usage Information regarding users of your Device via a Device Identifier.
These third-party Tracking Technologies may be set, among other things:
(i) To help deliver advertisements to you that you might be interested in;
(ii) To prevent you from seeing the same advertisements too many times; and
(iii) To understand the usefulness to you of the advertisements that have been delivered to you.
You acknowledge and agree that associated technology may access and use your Device and may set or change settings on your Device in connection with the associated operations. Note that any images (or any other parts of content) provided by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously-described activities.
7.3 Amplify is not Responsible for Third-Party Tracking
Third-party Tracking Technologies are not controlled by us. Statements regarding our practices do not apply to the methods for collecting information used by these third-party advertisers and others or the use of the information that such third parties collect. We have provided you with information below on their practices and available opportunity to exercise choice with respect to their Tracking Technology.
7.4 Network Advertising Opt Out
Further, while we may use a variety of companies to serve advertisements on the Service, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver targeted content and/or ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or change web browsers, your NAI opt-out may not, or may no longer, be effective. Additional information is available on the NAI’s web site accessible by the above link. You may also opt-out of receiving third-party behavioral ads on this site by visiting the Digital Advertising Alliance (“DAA”) web site at http://www.aboutads.info/choices/#completed. Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs.
8. How Do I Change My Information and Communications Preferences?
8.1 You can Update your Profile at Any Time
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. Our Services allow you to review, correct or update Personal Information you have provided through our Service’s registration forms and profile editor.
8.2 You can Close your Account at Any Time
You can choose to close your account at any time. Within a reasonable amount of time, and subject to our normal business practices, but no later than 30 business days we will delete your account information.
8.3. You can Delete an Application at Any Time
With respect to our mobile and other applications, you can prospectively stop all collection of information by the application by uninstalling the application.
You may use the standard uninstall process as may be available as part of your applicable Device or potentially via the appropriate application or app marketplace.
8.4 Some Residual Data May Remain
Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media.
When you edit your Personal Information or change your preferences on the Services, information that you remove may persist internally for Amplify’s administrative purposes.
Information you have shared with others (such as posts or updates) will remain visible after you closed your account or deleted the information from your own profile, and we do not control data that other Members copied out of our Services.
8.5 You May Opt out of Receiving Marketing Materials at Any Time
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails.
If you subscribe to text messages from us, you can terminate a particular text message subscription by reply texting “STOP.” Subsequent or different subscriptions will be unaffected. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
9. Can Children use the Services?
We offer the Services to professionals, and it is not intended for use by minors, including children under the age of 13. We do not knowingly collect personal information from children under the age of thirteen (13) such that parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) would be required. If you are a child under 13 years of age, you are not permitted to use our Services and you should exit our Services immediately.
In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with personal information without COPPA-required consent, please contact us at [email protected].
10. What About Security?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Services and provide us with your information at your own risk.
12. What if I have Questions?