Our Terms of Service
November 1st, 2019
1.1 Purpose
Welcome to Profoundly – this site attempts to match potential clients to professionals by collecting information about the potential client and professional and using that information to score the likelihood of a successful match.
1.2 Duration
The license for use of the Services provided herein is effective until terminated. You may terminate your license at any time by ceasing to use the Services altogether. This license will terminate upon conditions set forth elsewhere within this Agreement or if you fail to comply with any term or condition of this Agreement. Upon termination of this Agreement, you agree to cease using the Services and remove any Applications from your devices, together with all backup copies, modifications, printed or written materials, and merged portions in any form.
2 Your Rights and Obligations
2.1 Free Accounts
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the User Code of Conduct listed below, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to utilize the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Profoundly or its Users), to view information and use the Services that we provide on Profoundly or our webpages and in accordance with this Agreement. Any other use contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our Applications, Sites, and Services, and all related items, including any and all copies made thereof.
2.2 Additional Terms for Premium Services
Profoundly may offer access to various features, functionality, and services which are in addition to the features and functionality available with a “free” account. Profoundly may charge fees for such access (“Premium Services”).
2.2.1 Payment: Upon selecting Premium Services, you agree to pay the applicable fees (including, without limitation, periodic fees for Premium Services) as they become due plus all related taxes. Such payment shall be made from the payment card or credit card information you have linked to your account or with the relevant platform partner. Further, you agree to pay the cost to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your Premium Services subscription.
2.2.2 Your Credit Card Information: Upon purchase of any Premium Services directly from Profoundly, you agree to allow Profoundly and its services providers to collect, use, and store your payment card information.
2.2.3 Cancellation: You may cancel your Premium Services account by contacting us before your renewal date. Cancellation will end billing and remove your access to the Premium Services at the end of your current billing.
2.2.4 Refunds: All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
3 Eligibility
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Profoundly account; (3) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (4) will not violate any rights of Profoundly, including intellectual property rights such as copyright or trademark rights; and (5) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
4 Privacy
Users and Visitors: You acknowledge that you have read our Privacy Policy prior to becoming a User. Our Privacy Policy is incorporated by reference into this Agreement and governs our treatment of any information, including Personally Identifiable Information you submit to us.
5 User-Generated Materials
Our Users may choose to submit post, upload and/or contribute content as part of, to or through the Services (“User-generated Materials”). You represent that you have the right to contribute any User-Generated Materials that you contribute, and that such User-Generated Materials, or its use by us as contemplated by this Agreement, does not violate this Agreement, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User-Generated Materials that you contribute in connection with our Services. This license lasts until you terminate your account or stop using our Services, except in the case of User-Generated Materials that you have published, made public and/or share with others, including content, information or data contributed to the Business Contact Database. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User-Generated Materials that you contribute, except that, where applicable under, you agree to waive your right to be identified as the author of any User-Generated Materials and your right to object to derogatory treatment of such User-Generated Materials.
To the extent Users elect or choose to submit address book contact data or related company information (including portions thereof and related metacontent) to us for processin, including related metacontent or data, you hereby grant us a royalty-free, worldwide, irrevocable, perpetual license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, display, create derivative works from, process, analyze, aggregate, and incorporate into the Services any submitted information (including any portions thereof submitted by you) and to distribute such information through the Services and otherwise at our discretion, subject to the limitation set forth or applicable herein.
We reserve the right to remove or disable access to any User-Generated Materials for any or no reason, including but not limited to, User-generated Material that, in our sole discretion, violates these Agreements. We may take these actions without prior notification to you. Removal or disabling of access to User-Generated Materials shall be at our sole discretion, and we do not promise to remove or disable access to any specific User-Generated Materials.
6 User Code of Conduct
Any fraudulent, abusive, or otherwise illegal activity, or violation of this User Code of Conduct is grounds for termination of your account at Profoundly’s sole discretion, and you may be reported to appropriate authorities. You shall not do any of the following:
Be dishonest or act in an unprofessional manner by posting inappropriate, inaccurate, or objectionable content;
Publish inaccurate information in the designated fields on the profile form
Create a user profile for anyone other than yourself as a natural person;
Create a false identity or otherwise misrepresents your identity;
Harass, abuse or harm another person/User;
Upload a profile image that is not yours;
Use or attempt to use another’s account without authorization;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide this Site or the Services, or any part thereof;
Adapt, modify or create derivative works based on the Services or any underlying technology;
Remove any copyright, trademark or other proprietary rights notices contained in or on this Site;
Collect, use, copy, sell, distribute or transfer any information, including, but not limited to, Personally Identifiable Information obtained from the Site or Services except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Use manual or automated software, devices, scripts, bots, robots, other means or processes to access, “scrape,” “crawl” or “spider” the Site or to add or download contacts;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
and
Engage in any action that directly or indirectly interferes with the proper working of the Site or places an unreasonable load on the Site including, but not limited to, any attempts to access or hack our servers or network.
Use any data associated with Profoundly databases in violation of any local privacy restrictions, for example CAN-SPAM, CASL, or GDPR
Submissions – Feedback and Problem Reports
Certain parts of the Services may ask for written suggestions or problem reports such as using our feedback form (“Submissions”).
The Submissions shall be deemed the property of Profoundly. Profoundly shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Profoundly will not be treated as confidential and Proudnly shall not be liable for any disclosure of the Submissions.
Export Control
Your use of the Services is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S.-origin products, including services or software.
7 Indemnification
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, that anything you submit or contribute violate the rights of any third party or applicable laws; (2) any content you submit to or through the Sites, Applications or through use of the Services; and (3) any activity in which you engage on or through the Services.
You agree to indemnify and hold Profoundly, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content, data, or information you submit, contribute, post to or transmit to or through the Services and your use of or connection to same, your violation of the Terms of Service, or your violation of any rights of another person or entity.
Link Sites
Profoundly may provide links to other sites that we feel are relevant and interesting to our users (“Link Sites”). Profoundly is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. The Profoundly Privacy Policy does not govern any personally identifiable or other information collected by or disclosed to the third party. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
8 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PROFOUNDLY, THE SITES, APPLICATIONS, INCLUDING MOBILE APPLICATIONS, SERVICES, MATERIALS, TECHNOLOGY, AND ANY INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROFOUNDLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE, QUIET ENJOYMENT OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROFOUNDLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR AVAILABLE ON, IN OR THROUGH THE SITES, APPLICATIONS, INCLUDING MOBILE APPLICATIONS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, APPLICATIONS, INCLUDING MOBILE APPLICATIONS, OR SERVICES OR THE SERVERS THAT MAKE SUCH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROFOUNDLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SITES, APPLICATIONS, INCLUDING MOBILE APPLICATIONS, SERVICES, THE MATERIALS, TECHNOLOGY, USER-GENERATED MATERIALS, DATA OR INFORMATION ON OR AVAILABLE THROUGH THE SITES, APPLICATIONS, INCLUDING MOBILE APPLICATIONS, OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ALTHOUGH PROFOUNDLY MAKES EFFORTS TO PREVENT PERSONALLY IDENTIFIABLE INFORMATION FROM BEING DISCLOSED, PROFOUNDLY MAKES NO WARRANTY FOR OTHER USERS WHO SUBMIT CONTACT INFORMATION FOR YOU AND OTHERS. AS AN ASPECT OF OUR APPLICATIONS, SITES AND SERVICES, WE MAY PROVIDE PERSONAL PROFILE INFORMATION FOR YOU WHICH MAY BE VIEWABLE TO OTHER USERS OR MEMBERS WITHOUT YOUR CONSENT. YOU (AND NOT PROFOUNDLY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THE SITES, WE INCLUDE LINKS TO OTHER WEBSITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT PROFOUNDLY HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEBSITES.
9 Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PROFOUNDLY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, DATA, INFORMATION, MATERIALS, APPLICATIONS, SITES, APPLICATIONS, INCLUDING MOBILE APPLICATIONS, SERVICES, OR ANY OTHER WEBSITE, EVEN IF RPOFOUNDLY OR A PROFOUNDLY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PROFOUNDLY OR FROM OR THROUGH PROFOUNDLY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. IN NO EVENT SHALL PROFOUNDLY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED TEN DOLLARS (US$10.00).
10 Misuse of the Site or Services
Profoundly along with its respective partners and affiliates reserve the right to investigate suspected violations of this Agreement, and may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. We will collect and use any such information in accordance with the Profoundly Privacy Policy. We may suspend any users whose conduct is under investigation and may remove such material from its servers as it deems appropriate and without notice.
In its sole discretion, Profoundly may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse includes, without limitation, inviting other Users with whom you do not know to connect; abusing the contact connection, and other messaging services; creating multiple or false accounts; using the Site or Services commercially without Profoundly authorization, infringing any intellectual property rights, violating any aspect of the Code of Conduct, or any other behavior that Profoundly, in its sole discretion, deems inappropriate.. We may provide Personally Identifiable Information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PROFOUNDLY, ITS RESPECTIVE PARTNERS AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PROFOUNDLY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PROFOUNDLY OR LAW ENFORCEMENT AUTHORITIES.
11 Effect of Termination
Upon the termination, you may lose access to the Services.
12 General Terms
12.1 Administrative Information/Jurisdictional Issues
The Sites, Applications, including Mobile Applications, and Services are controlled and operated by Profoundly. Profoundly makes no representation that content, data, information or other similar materials made available in, on or through our Sites, Applications, including Mobile Applications, and Services are appropriate or available for use in your location. Those who choose to access this Site or Services from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12.2 Severability
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
12.3 Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Profoundly regarding the Site and Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third party software.
12.4 No informal waivers
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by us or any affiliate shall be deemed legally binding on us or any affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Profoundly.
12.5 No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Service.
12.6 Assignment
In no event shall you assign or delegate any rights or obligations under the Agreement to any party. Any purported assignment and delegation shall be ineffective. Profoundly may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute any third party that assumes our rights and obligations under this Agreement.
12.7 Governing Law and Venue
DISPUTE RESOLUTION; BINDING ARBITRATION AND NO CLASS RELIEF
Except with regard to the enforceability of the arbitration agreement contained herein, which shall be governed by the Federal Arbitration Act. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the District of Columbia, without regard to conflict of law principles.
In the unlikely event an issue arises, except in relation to intellectual property rights as set forth below, we each agree to resolve those disputes through binding arbitration with no class relief instead of in courts. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration under this Agreement will take place on an individual basis; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Failure by Profoundly to enforce any provision(s) of the Terms shall not be construed as a waiver of any provision or right. If any provision of the Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The User may not assign, transfer, or otherwise convey any rights granted hereunder; provided that, Profoundly may assign any of the foregoing without notice or prior written consent. The Terms shall inure to the benefit of Profoundly, its successors and assignees. The Terms, the Privacy Policy, and any other legal notices published by Profoundly on the Site, shall constitute the entire agreement between you and Profoundly regarding use of the Site.
Notwithstanding the foregoing, disputes enforcing, protecting, or concerning the validity of any of your or Profoundly’s intellectual property rights (or the intellectual property rights of any of Profoundly’s licensors) are not covered by this agreement to arbitrate.
If the waiver of the right to participate in a class action set forth above is found to be illegal or unenforceable for any reason whether by judicial, legislative, or other action, than the entirety of the agreement to arbitrate contained above is null and void. In that instance, you and Profoundly agree to waive your right to a jury trial. You and Profoundly further agree that any dispute, claim or controversy arising out of or relating to the Profoundly Services or your use of the Profoundly Services, including the Profoundly websites and mobile applications, and these Terms of Service shall be brought in the appropriate state or federal court located in the District of Columbia; and that we both irrevocably consent to the exclusive jurisdiction and venue of the district or federal courts in Washington, District of Columbia.
12.8 Notification of Copyright Infringement
Profoundly will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Profoundly. Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to a Profoundly designated agent as set forth below, and must include substantially all of the following:
a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing
a description of where the material that you claim is infringing is located on our Site(s);
information sufficient to permit Profoundly to contact you, such as your physical address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For notice of claims of copyright infringement, Profoundly can be reached by contacting: Profoundly, 4224 Albemarle St NW, Washington, DC 20016, support@profoundly.com.
Trademarks
Profoundly, the Profoundly logo and other marks indicated in our Services are trademarks of Profoundly or other related companies.
Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Profoundly. All other trademarks not owned by Profoundly or any of its related companies that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Profoundly.
Copyright
All content and compilations of content included on the Services and Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads and mobile applications, are the property of Profoundly, and is protected by United States and international copyright laws.
Our Privacy Policy
October 29th, 2019
1. Introduction
This Privacy Policy applies to all the products, services, websites and apps offered by Profoundly, except where otherwise noted. We refer to those products, services, websites and apps collectively as the “services” in this policy. The services provided are provided in the United States of America.
References to "data" in this Privacy Policy will refer to whatever data you provide to our service for purposes of using the service. References to personal information means information about you personally that we collect or for which we act as custodian. Given the nature of Profoundly’s product, material collected can be both data and information.
2. Information we collect
2.1 Who are “you”?
We refer to “you” in this Privacy Policy. To better understand what information is most relevant to you, see the following useful definitions.
Users
You have registered an account with Profoundly and have provided information with the goal of finding a hold an account within a professional with whom to work.
Professional
You have registered an account with Profoundly with the goal of obtaining or providing information to potential or existing clients or customers.
Website Visitor
You are just visiting our website without registering an account.
2.2 Information we collect about you.
Contact Information
We collect this information in order to get in touch with you. Examples include an email address, a phone number and a website.
Usage information.
We collect usage information about you whenever you interact with our website and services. This includes which webpages you visit, what you click on, when you perform those actions, and how you interact with our services.
Device and browser data.
We collect information from the device and application you use to access our services. Device data mainly means your IP address, operating system version, device type, device ID/MAC address, system and performance information, and browser type. If you are on a mobile device we also collect the UUID for that device.
Information from page tags.
We use first party and third party cookies and tracking services that employ cookies and page tags (also known as web beacons) to collect data about visitors to our websites. This data includes usage and user statistics. Emails sent by Profoundly or by users through our services also include page tags that allow the sender to collect information about who opened those emails and clicked on links in them.
Log Data.
Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, device type and timestamps.
Referral information.
If you arrive at the Profoundly website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
Information from third parties and integration partners.
We collect your personal information from third parties where, for example, you give permission to those third parties to share your information with us or where you have made that information publicly available online.
Account Information
We collect information in order to create an account and provide you access to our services.
Registration information.
You need a Profoundly account before you can use Profoundly services. When you register for an account, we collect your first and last name, username, password and email address.
Billing information.
If you make a payment to Profoundly, we require you to provide your billing details, a name, address, email address and financial information corresponding to your selected method of payment (e.g. a credit card number and expiration date or a bank account number). If you provide a billing address, we will regard that as the location of the account holder to determine the sales tax, if applicable, to be applied to your purchase.
Account settings.
You can set various preferences and personal details on pages like your account settings page. For example, your default language, time zone and communication preferences (e.g. opting in or out of receiving marketing communications).
Use of some of our services will also result in us collecting the following data on your behalf:
Address book information.
We may allow you to import email addresses and other contact information into an Address Book so you can easily invite others.
Application data.
We store your application data (questions and responses) for you and provide analysis tools for you to use with respect to this data.
Profile information.
When you sign up for our services you are asked to provide us with information about yourself and to give us more detailed insights into who you are.
3. How we use the information we collect
We process personal data about you either with your consent or in order to:
Fulfill our contractual responsibility to deliver the services to you;
To pursue Profoundly’s legitimate interests of improving service experience; and developing new products and service features.
In each of the instances where we describe how we use your data in this privacy policy, we have identified which of these grounds for processing we are relying upon.
You have consented to us using certain types of tracking and third-party cookies on our websites. In particular:
Cookies and Similar technology.
We or third party data and advertising platforms that we work with may use or combine multiple technologies, such as cookies, page tags, mobile identifiers and IP addresses to infer users’ common identities across different services and multiple devices such as tablets, browsers, and mobile phones.
We may do so, for instance, to tailor ads to users, to enable us to determine the success of our advertising campaigns and to improve upon them. These third party data and advertising platforms may sometimes use data that we provide to them in order to improve their technologies and their ability to match common devices to users. We also may use this technology to measure the performance of email messaging and to learn how to improve email deliverability and open rates.
The above data and techniques are used for personalized marketing, analytics, and related purposes. We use this data to personalize online marketing campaigns to be relevant to you and your interests in our services. By clearing your cookies in your browser settings you will no longer see personalized messages in this way but you continue to see ads over the internet that are not based on information you provided to Profoundly.
We process your personal information in the following categories of data for legitimate interests pursued by us, which are described in detail in this Privacy Policy. We have undertaken to ensure that we place clear limitations on each of these uses so that your privacy is respected and only the information necessary to achieve these legitimate aims is used. Our primary goal is to improve upon and make sure our services and messaging are relevant for all our users, while also ensuring that personal information of all users is respected and protected.
Contact Information.
We use contact information to respond to your inquiries, send you information as part of the services, and send you marketing information (for as long as you do not opt-out).
We may use your email address to send you marketing (newsletters), unless you indicate a preference to opt-out and for general updates on your account. You can opt out of marketing communications at any time by clicking on the “unsubscribe” link in them and changing the relevant setting on your profile page or by contacting Profoundly via email and requesting an opt out.
How you use our services.
We use information about how you use our services to improve our services for you and all users.
We may collect information about the types of the types of plans you purchase and your account transactional behavior to build a profile about you so as to help direct you and your organization to other relevant features and services we offer and help you in using our services, for example by making recommendations for you to optimize use of our services.
Device and browser data.
We use device data both to troubleshoot problems with our service and to make improvements to it. We also infer your geographic location based on your IP address.
We collect this to help us improve your service experience through a specific device/browser by optimizing how the website looks in a particular browser, how your screen brightness affects your experience and to ensure the service operates optimally and as it should on different devices and browsers.
Log data.
We use log data for many different business purposes to include:
To monitor abuse and troubleshoot.
To create new services, features, content or make recommendations.
To track behavior at the aggregate/anonymous level to identify and understand trends in the various interactions with our services.
To fix bugs and troubleshoot product functionality.
Your IP address is used to determine where an unknown/unauthorized access may have occurred in your account (abuse monitoring).
Referral information.
We use referral information to track the success of our integrations and referral processes.
Third parties and integrations.
We collect and use information from third parties and integration partners to:
Ensure you can sign-up to our service from a third party integration like Facebook/LinkedIn/Microsoft/Google/SSO;
To personalize our services for you; and
Ensure you can use our service in conjunction with other services.
See further information here on our API partners.
Service and Marketing uses.
Profiling. We combine information about you from third party sources with information we hold about you to create a user profile, which will help us to make our sales and marketing efforts more relevant to you and to personalize and improve your service experience.
Machine learning. We use machine learning techniques on certain data in order to provide users with useful statistics and more relevant insights from the data they have collected using our services and to optimize our marketing campaigns and for fraud detection.
To manage our services we will also internally use your information and data, for the following limited purposes:
To enforce our agreements where applicable.
To prevent potentially illegal activities.
To screen for and prevent undesirable or abusive activity. For example, we have automated systems that screen content for phishing activities, spam, and fraud.
Legal uses.
To respond to legal requests or prevent fraud, we may need to use and disclose information or data we hold about you. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
We collect and use the following on the basis that we have to use this information in order to fulfill our contract with you:
Your Account Information.
We need to use your account information to run your account, provide you with services, bill you for our services, provide you with customer support, and contact you about your service or account. We occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You cannot opt out of these communications since they are required to provide our services to you.
Your Profile.
We process other aspects of your account information (like the personal information you provide about your job, your job title, and your marketing preferences) as well as information obtained from public sources, for legitimate interests like providing you with a personalized experience and relevant and useful marketing information as well as to make other product, feature and service recommendations to you and your organization to optimize use of the services we offer.
You can object to us using your information as described above but in some cases, our ability to fully and properly provide our services to you may be impacted if you do not want us to collect or use the above data.
Your Data.
We also use questions and responses on an aggregated and anonymized basis as described in this Privacy Policy. In some cases you can avoid the use of your questions/responses in this way by simply choosing not to use a feature or by indicating your preferences in your account.
4. Information you share
Many of our services let you share information with others. Remember that when you share information publicly, it can be indexable by search engines. Our services provide you with different options on sharing and deleting your content but we cannot delete content from search engines so you need to be careful about information you make public.
5. Information we share
We may share your data or personal information
with our affiliates.
with our third party service providers (for example, to help distribute our services, communicate with you, remove repetitive or duplicate information from our systems, process payments, or provide other operational services).
to correlate, match, or verify information from your with information held by our service providers and trusted partners.
with partners and cosponsors as part of a poll, quiz, survey, contest, reward program, or other activity.
detect, prevent, or otherwise address fraud, security or technical issues.
protect against harm to the rights, property or safety of our users, the public or to Profoundly and/or as required or permitted by law.
as part of a change in control or sale of all or part of Profoundly or its subsidiaries;
to verify or enforce our Terms of Services or other applicable policies and guidelines; or
as required by law (for example, in response to valid legal process from a government agency).
In addition, we may share information stored in our database with users of our Services or with our strategic business partners. We may make the information in the database available to our business clients and partners for data hygiene related processes and for marketing business information, including by contacting the companies and business individuals represented in the database for employment, commercial and business opportunities and for other purposes permitted by law.
We may share other information that is not personal information for various business reasons and purposes. When we share this information, we ensure that no individual contributing user or visitor is specifically identified or linked to such information.
6. Cookies
We and our partners use cookies and similar technologies on our websites.
We use certain cookies that you agree to when you use our sites and, in the case of some cookies, for legitimate interests of delivering and optimizing our services (where the cookie delivers essential functionality). Cookies are small bits of data we store on the device you use to access our services so we can recognize repeat users and visitors. Each cookie expires after a certain period of time, depending on what we use it for. We use cookies and similar technologies for several reasons:
To gather metrics about your product experience.
To make our site easier to use.
For security reasons.
To provide you with personalized content.
To improve our services.
To advertise to you.
To track business metrics.
You can choose to remove or disable cookies via your browser settings.
7. Security
We maintain commercially reasonable security measures to protect the security of your information against unauthorized access and disclosure both online and offline. These measures include the implementation of reasonable technical, physical and administrative data security safeguards that are consistent with our business operations and industry standards
Access to personal information is restricted so that only certain of our employees are granted access to information as appropriate to perform specific jobs and tasks. Some information is also stored in an encrypted form within our databases.
We use appropriate security measures to store payment card information.
While we take reasonable precautions against possible security breaches of our systems, no applications, website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.
We urge you to take steps to keep your personal information, including your username and password, safe.
8. Data Retention
If you hold an account with Profoundly we do not delete the data in your account – you are responsible for and control the time periods for which you retain this data. You may request your data be deleted by contacting Profoundly customer support.
9. Safety of Minors
Our services are not intended for and may not be used by minors. “Minors” are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). Profoundly does not knowingly collect personal data from Minors or allow them to register. If it comes to our attention that we have collected personal data from a Minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact customer support.
10. Data Transfers and Privacy Shield Certification
Your information and data may be processed in and transferred or disclosed in the United States and countries in which our affiliates are located and in which our service providers are located or have servers.
11. Changes to our Privacy Policy
We can make changes to this Privacy Policy from time to time. We will identify the changes we have made on this page. In circumstances where a change will materially change the way in which we collect or use your personal information or data, we will send a notice of this change to all of our account holders.
12. Personalized marketing
You can opt-out from direct marketing in your account and we provide opt-out options in all direct marketing emails. Finally, if you do not wish to see personalized marketing content on the web related to our service you can clear the cookies in your browser settings.
13. Exercising your rights
Our Contact Information for Privacy Inquiries
Profoundly
Attn: Legal
4224 Albemarle St NW
Washington, DC 20016