Data Privacy and Use Policy
Last updated: August 2021
- Information that we collect when you interact with the System
- How we use and process the information that we collect
- How we may share information with third parties
- The security of your information
You acknowledge that any personal information provided or collected through the System is voluntarily provided to Michael Naft from you. As you navigate any part of the System, you will find that there are several online forms or other locations which you can use to request information regarding a specific product or service. In order for us to effectively enable the System and allow access to certain content or other facilitate our business, we collect personal information from you in various ways including when you visit the website, interact with our team, use the System in any way, or apply for a position with us. Two types of data are collected: (a) personal information that can be used, alone or in combination with other information, to identify a person and may include contact information such as your first name, last name, email address and phone number, your professional background, your stated and inferred interests, dates of birth, age, financial information, credit card information, gender, product and/or services information, photographs, comments, and your activity on the website or while you use the System (“Personal Data”); and (b) non-personal aggregate or traffic data, such as your IP address, which web pages or portions of the System you are visiting, the order in which the areas are visited, unique device identifier, time zone, which hyperlinks or functions are being “clicked”, how many users are visiting or accessing the System, vehicles sites viewed, domain server, location-based or real-time geographic location information, type of computer or device, and type of web browser (“Traffic Data” and together with Personal Data, the “Collected Data”).
You may also need to provide payment information when using the System to purchase products or services, which is processed by our third-party payment processor which processes payments on our behalf and collects your payment information when you order and pay for our products or services. Such information may include your credit card number, security code, expiration date and billing address and other contact information such as your email address and/or telephone number.
Collection and Usage
Personal Data is gathered when users provide or authorize Personal Data to or through the System, for example, when requesting information, participating in an online survey, inputting content into the System, verifying user credentials, purchasing products or services, allowing access to social media networks, or utilizing any other Michael Naft product or service through the System. Personal Data is also gathered about others when users share content with family, friends, or other contacts, without limitation, the name, email address, phone number, and mailing address.
Traffic Data is tracked and gathered when you and other users visit or access the System. While gathering Traffic Data may not collect Personal Data, it may provide information on the geographical location from which users access the System. Traffic Data generally does not identify individual users. Instead, the Traffic Data identifies System users as a whole, including demographic information, preferences in content and advertising, quality of service, and web and application traffic patterns.
Michael Naft may, in our sole and absolute discretion, release and disclose the Collected Data to affiliated or contracted persons, associations, service providers, or other entities of whatsoever nature, including, without limitation, strategic alliances and advertising affiliated persons and/or entities (the “Related Parties”) or to any law enforcement agency, court, or other governmental authority to: (a) help us respond to your requests for information, goods or services and/or otherwise fulfill a user’s lawful request; (b) respond or otherwise comply with subpoenas, court orders, or other edicts of the law or legal process; (c) protect and defend our rights and property; or (d) to protect the personal safety of our users, our employees, or the public.
For instance, we may use your Personal Data to: (1) send you information about Michael Naft and its products, updates, services, important notices, special offers, and/or upcoming promotions; (2) send you information about the Related Party’s products and services; (3) conduct surveys about your opinion of Michael Naft, its staff, performance, products and services or the System; (4) verify your qualifications for certain promotions, special offers, products and services; (5) bill you for any products and services purchased through the System via a credit card, electronic, or other payment; and (6) customize, improve, and/or tailor your experience on the System by displaying content that Michael Naft thinks you might be interested in according to your preferences.
Michael Naft may, in our sole and absolute discretion, release and disclose the Collected Data to any persons, associations, or other entities of whatsoever nature not affiliated with us (the “Non-Affiliates”) for the purpose of facilitating your instructions, requests and/or registrations for products or services provided by us or the Non-Affiliates (including, without limitation, customer support, information technology support, credit card or other electronic payment processing and personal profile services) when the transfer of such Collected Data is necessary to provide you with such products or services. By selecting, instructing, requesting, reserving and/or registering for such products or services from us or the Non-Affiliates on or through the System, you consent to the release of your Collected Data to the Non-Affiliates. We shall use reasonable efforts to provide the Non-Affiliates access only to the Personal Data necessary to assist in responding to your instructions, requests, and/or registrations for such products or services and cause such Non-Affiliates to use your Personal Data for these limited purposes.
Michael Naft may also disclose, release, transfer, sell, or otherwise convey any Collected Data to prospective or actual buyers, sellers or persons and/or entities related to such actions by us, including, without limitation, we may transfer information about you if Michael Naft is acquired by or merged with, or otherwise sell any portion of Michael Naft’s assets or equity to any other company.
You consent to any and all such conveyances of the Collected Data regardless of your location and your consent includes any and all such conveyances outside of your location, including, without limitation, in the United States and in other countries and territories.
Under certain circumstances, you have the rights under data protection laws in relation to your Personal Data. These include the right to:
- Request access to your Personal Data.
- Request correction of your Personal Data.
- Request erasure of your Personal Data.
- Object to processing of your Personal Data.
- Request restriction of processing your Personal Data.
- Request transfer of your Personal Data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please email us at [email protected] Naftcom. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask for further information in relation to your request to speed up our response.
If you make a request related to information about you, you may be required to supply a valid means of identification as a security precaution. We will process your request within the time provided by applicable law.
Under California Civil Code sections 1798.100 – .199, California residents may have the right to request access to certain personal information collected by Michael Naft dating back one year before you make your request. Specifically, you may have the right to ask that we disclose to you: (1) the categories of personal information we have collected about you; (2) the categories of sources from which we collect personal information; (3) our business or commercial purpose for collecting personal information; (4) the categories of third parties with whom we share personal information; (5) the specific pieces of information we have collected about you; and (6) if we disclosed personal information for a business purpose, a list of the categories of personal information we have disclosed in the prior twelve (12) months.
You also may have the right to ask that we delete your personal information. We will not delete your personal information if we need it in order to service your account, to protect the security or functionality of our operations, to comply with legal or regulatory obligations, or for certain other reasons.
You may submit a request for access or deletion via email.
Only you, or a person authorized by you to act on your behalf, may submit a request for access to, or deletion of, your personal information.
In connection with an access or deletion request, we will undertake steps to verify your identity. We may ask you to provide information that we have on file about you or, if the request is submitted in writing or online, we may contact you via another method (e.g., phone) to verify your identity. We will only use personal information provided in a request to verify the requestor’s identity and authority to make the request. We will maintain a record of access and deletion requests as required by law.
Additionally, California residents may opt out of the “sale” of their personal information. We sell certain of your information to third parties to provide you with opportunities that may be of interest to you.
Under Cal. Civ. Code §§ 1798.100 – .199, sale is defined such that it may include allowing third parties to receive certain information, such as cookies, IP addresses, and/or browsing behavior, to deliver targeted services. If you would like to opt out of our use of your information for such purposes that are considered a “sale” under California law, you may send us an email to [email protected] with the phrase “Privacy Opt-out: Michael Naft, Notice of Opt-Out” in the subject line, or write to us at Michael Naft, Attn: Privacy Officer, Opt-out Notice, Michael Naft, and we will process your opt-out request. In processing your request, Michael Naft reserves all obligations and rights it has to maintain your information as necessary for compliance with the laws of the jurisdictions in which it operates.
We will not deny services, charge different prices, offer a different quality of product or service or otherwise discriminate against an individual for exercising the rights afforded to you under the Cal. Civ. Code §§ 1798.100 – .199.
If you believe that Michael Naft may be processing data about you and wish to have access to that information, we can provide you with that data or at least an explanation of why we cannot do so in the particular context, such as if responding to the request would be unreasonably expensive.
Please let us know if you have any questions, concerns, disputes, or issues. If you need to reach us about a privacy or data protection issue, please contact us using [email protected].
From time to time, you may receive periodic mailings, telephone calls or e-mails from Michael Naft with news or other information on our products and/or services. If at any time you wish to stop receiving emails or mailings, please send us an email to [email protected] with the phrase “Privacy Opt-out: Michael Naft, Mailings” in the subject line, or write to us at Michael Naft, Attn: Privacy Officer, Opt-out Mailings, Michael Naft, and we will process your opt-out request. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most e-mail messages from Michael Naft.
In the event that Michael Naft wishes to transfer or release your Personal Data to a third person in a manner not set forth in this Policy, we shall inform you prior to such transfer or release and provide you with the ability to opt out of such transfer or release of Personal Data. Please contact us at [email protected] if you have any questions as to how to opt out of any specific disclosures, or any marketing or other programs.
Cookies and Related Files
Cookies are small pieces of text. They are provided by most websites and stored by your web browser on the computer, phone, or other device that you are using. Cookies serve many purposes. They can help a website remember your preferences, learn which areas of the website are useful and which areas need improvement, and provide you with targeted advertisements or personalized content. Sometimes, cookies are enabled when pixels are placed on a website. Pixels are also referred to as web beacons, clear gifs, and tags. They enable websites to read and place cookies.
Michael Naft, through the System, may place small files, called “cookies” onto your computer or electronic device, as well as related files, such as web beacons, pixel tags, or other means. We may use such files or Internet protocol addresses for a number of reasons, such as record keeping purposes when you visit visits, identifying you as a unique user, simplifying the process of recording personal information (such as enabling users to not have to enter names, addresses or passwords repetitively), allowing us to better understand how users use the System and help us tailor the System or marketing message to better match needs and interests.
You may be able to program your browser to not to accept cookies or other files, but if you do, you may be unable to access some parts of the System or some parts of the System may not work properly.
There are online tools available for clearing all cookies left behind by the websites you have visited, such as www.allaboutcookies.org. Usually, deletion of cookies will anonymize the information associated with the pixel and a website will not receive any further associated information.
Links to Third-Party Sites
For example, chat rooms, forums, message boards, links to third party websites or mobile applications (including social media websites and mobile applications), and/or news groups may be available through the System. While we will only use and disclose the Collected Data as set forth herein, any information disclosed in these areas is or may be deemed public information and you must exercise caution and discretion when deciding to disclose personal and non-personal information.
Additionally, please keep in mind that if you directly disclose Personal Data or personally sensitive data through your home page, linked sites, or other public forums, this information may be collected and used by others. Michael Naft encourages all users to review the privacy statements of websites and/or mobile applications you choose to link to from the System so that you understand how those third parties collect, use and share information about you and/or your electronic devices. We are not responsible for the data collection, data usage, privacy statements or content on other websites, applications or other solutions.
Measures to Safeguard Children
Michael Naft’s products and services are not directed or intended for the use of children or users under the age of 18. We encourage parents and guardians to spend time with their children online and to be fully familiar with the websites and other software visited by their children. At various places on the System, we may ask users whether they are 18 years of age or older or of proper legal age. Michael Naft relies on users to be truthful in responding to these questions. We do not knowingly collect or maintain personal information from children under 13 years of age. IF Michael Naft learns that personal information of a child under 13 years of age has been collected, we will take steps to delete the information as soon as possible. If you are under 18 years of age or the proper legal age, you are not allowed to use or access the System at any time or in any manner and any such use is unauthorized.
Except where required in accordance with law, law enforcement agency, court, or other governmental authority, Michael Naft does not intentionally solicit Personal Data from individuals under 18 years of age. A parent or guardian whose child provided Personal Data to us without the parent’s or guardian’s consent should immediately notify us of such disclosure in writing to the contact provided below. Michael Naft, upon receipt of such written notice, shall take reasonable measures to remove such disclosed information from our database and/or notify the appropriate authority.
Michael Naft has implemented security measures to help protect the Personal Data. For example: (a) Michael Naft stores Personal Data on servers that are in one or more physical locations that are monitored and accessible by a limited authorized set of individuals and (b) certain Collected Data is obtained through a web form and transmitted using secure socket layer (SSL) or other secure technology as may be determined by us from time to time. Although we have implemented such security measures to help protect the Personal Data, the Personal Data may still be accessed, altered, disclosed and/or otherwise used in an unauthorized manner and as such, we cannot guarantee the security of your Personal Data from unauthorized access, alteration, disclosure and/or other impermissible uses and Michael Naft is not responsible for such unauthorized access or other impermissible uses.
System Provided “As Is” and Other Disclaimers
YOU AGREE THAT THE SYSTEM AND ALL Michael Naft PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED AND DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, WHETHER OR NOT IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE Michael Naft SERVICES, Michael Naft PRODUCTS, SYSTEM, OR ANY OF THE TRANSACTIONS REASONABLY CONTEMPLATED BY THE PARTIES PURSUANT TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT Michael Naft KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE, IN FACT, AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING.
Michael Naft AND OUR REPRESENTATIVES SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST DERIVED FROM OR AS SUCCESSOR TO YOUR RIGHT, TITLE AND INTEREST) WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHER LEGAL THEORY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OR CORRUPTION OF CONTENT, INTERRUPTION OR COMPUTER FAILURE ARISING OUT OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.