PRIVACY NOTICE

Effective May 19, 2023

1. WHAT THIS PRIVACY NOTICE COVERS. Growth.how LLC (“Company” or “we,” “our,” “us”) is dedicated to protecting your privacy and safeguarding your personally identifiable information. Company is committed to adhering to the principles of applicable data protection and privacy laws.

Company respects your privacy and is committed to protecting it through compliance with this notice. This notice describes the types of information we may collect from you or that you may provide when you visit the website: briceno.com (our “Website”) or when you opt into receiving email messages and/or newsletters from us (“Electronic Messaging”) or when you download or use the Unforgettable App (“App”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. The Website, Electronic Messaging, and App are collectively referred to in this notice as the Services. This notice applies to information we collect (i) on the Website and through the App; and (ii) in email and other electronic messages between you and us. Please read this notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use the Services. By using the Services, you agree to this Privacy Notice. This Privacy Notice may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so you must check the Website and/or App periodically for updates.

2. TYPES OF INFORMATION WE COLLECT. We collect several types of information from and about users of our Services, including information: (i) by which you may be personally identified, such as name, postal address, email address, and telephone number (collectively, Personal Information); (ii) that is about you but individually does not identify you, such as your age or gender; (iii) about your internet connection, the equipment you use to access the Services, and usage details. We collect this information: (i) directly from you when you provide it to us; and (ii) automatically as you navigate through the Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies. The information we collect on or through our Website and App may include: (i) information that you provide by filling in forms on our Website and App; (ii) records and copies of your correspondence; and (iii) details of transactions you carry out with us. As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (i) details of your visits to our Website and App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website or App; and (ii) information about your computer and internet connection, including your IP address, operating system, and browser type. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). 
   
   
3. ONLINE TRACKING. If you choose not to provide the requested information, you may not be able to use some of the features of the Services. Company does not respond to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice about behavioral tracking.
   
   
4. PURPOSE OF COLLECTION & USE. We may use and share the Personal Information and other information collected (unless otherwise restricted by applicable law):

– to operate, provide, and enhance the Services and to provide the services and information you request or sign up for through the Services or that may be of interest to you. For example, we will use your Personal Information to contact you with respect to information you requested, to fulfill a newsletter subscription, or for any administrative, maintenance and customer service purposes;

– to track and analyze your usage trends and preferences in order to improve the Services;

– to personalize our Services and to monitor the operation and effectiveness of the Services;

– to analyze aggregate Website and App usage metrics;

– to provide you with customized third-party content, and information;

– to send you messages, including to notify you about changes to our Services or any products or services we offer or provide through the Services and promotional messages related to the Services and of third parties we work with. You will have the ability to opt-out of receiving any such communications, through links provided in the messages;

– to engage in transactions with you and to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;

– to respond to your requests;

– to obtain third-party services from those who provide services to us, such as analytics, website management, payment processing, information technology and related infrastructure, customer service, e-mail delivery, auditing, and other similar services. For example, we use Google Analytics to help us understand how our customers use the Website. When we share Personal Information with third-party service providers, we require that they use your Personal Information only for the purpose of providing services to us and subject to terms consistent with this Notice. 

You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.

You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

– as we believe to be necessary or appropriate to protect the health and safety of our employees and operations or the employees or operations of any of our third-party service providers.

– as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence, for national security and/or law enforcement purposes; (d) to enforce our terms of service; and (e) to allow us to pursue available remedies or limit the damages that we may sustain. Additionally, in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we may transfer the Personal Information we have collected to the relevant third party.

We may use, transfer, and disclose other information we collect for any purpose, except where applicable law requires otherwise. If we are required to treat other information as Personal Information under applicable law, then we will only use it in the same way that we are permitted to use and disclose Personal Information.

5. COLLECTION OF INFORMATION.

Direct Interactions: From your use of and interaction with us through the Services and other activities such as submission of forms.

Electronic Communications Protocols: We may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type or device type), your IP address (which may identify your general geographic location or company), and date and time.

We may also automatically receive and record information about your interaction with the Services, such as how often you access the Services, performance data, aggregate usage, or general geolocation data.

6. COOKIES. A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Website or App. We may use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the Website or App to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the Website and App, for instance, whether it’s their first time visiting or if they are a frequent visitor. We use cookies to optimize your experience on our Website and App and to provide our services.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. 

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our Website or App may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we may share information with third parties. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions set forth herein.

7. AUTOMATIC DECISION-MAKING. If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you. We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data. If you are purchasing any services, such purchase will go through a third-party payment processor. Those processors may use limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you. However, you will be subject to the specific processor’s privacy policy and terms, and you should read those policies and terms.
   
   
8. PREFERENCES AND OPT-OUT. You may opt-out of e-mail marketing by using our general unsubscribe automated link that is included in our marketing e-mails. If you have any problems using any of these opt-out mechanisms, please contact us. Some non-marketing communications are not subject to general opt-outs, such as communications related to customer services and disclosures to comply with legal requirements.
   

If you do not want us to use your Personal Information to notify you of products or services of interest to you or if you do not want us to share your Personal Information with selected third parties, affiliates and subsidiaries, please opt-out by contacting us via the contact information provided in this Privacy Notice. 

9. ACCESS, CORRECTIONS, AND UPDATES. You may request to review, correct, update, suppress, remove, or otherwise modify any of your Personal Information that you have previously provided to us through the Website or App. You have the ability to update your Personal Information by contacting us at: privacy [at] growth.how or at Growth.how LLC, 440 North Barranca Ave #4769, Covina, CA 91723. You have the right to data portability for the information you provide to us. You can request to obtain a copy of your Personal Information in a commonly used electronic format so that you can manage and move it.

In certain circumstances, you have the right:

– To access and receive a copy of the Personal Information we hold about you;

– To rectify any Personal Information held about you that is inaccurate;

– To request the deletion of Personal Information held about you.

Please note that you may be asked to verify your identity before receiving a response to such requests. Please be aware that if you delete your Personal Information, you may not be able to continue to use our Services. Please note that if you request that we delete your Personal Information, we may in our sole discretion retain certain information, including your Personal Information, to satisfy our legal, audit and/or dispute resolution requirements. We may also retain your non-Personal Information indefinitely. If you have privacy concerns regarding access to or the correction of your Personal Information, please contact us at privacy [at] growth.how or at Growth.how LLC, 440 North Barranca Ave #4769, Covina, CA 91723.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information that you have provided to us suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information that you have provided to us.

While the majority of questions and issues related to access can be handled quickly, complex requests may take more research and time. In such cases, issues will be addressed, or you will be contacted regarding the nature of the problem and appropriate next steps, within thirty (30) days.

10. RETENTION AND DELETION. We will retain your Personal Information for as long as your account is active; as needed to provide you the Services; as needed for the purposes outlined in this Notice or at the time of collection; as necessary to comply with our legal obligations (e.g., to honor opt-outs), resolve disputes, and enforce our agreements; or to the extent permitted by law. At the end of the retention period, we will delete your Personal Information in a manner designed to ensure that it cannot be reconstructed or read.
    
    
11. ADVERTISING AND THIRD-PARTY WEBSITES. The Services may contain links to websites and services provided by third parties. Any personally identifiable information you provide on third-party sites or services is provided directly to that third-party and is subject to that third-party’s policies, if any, governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third-party sites or services. You should read the third-parties’ privacy policies before providing them with your personally identifiable information.
12. SECURITY. The security of your Personal Information is very important to us. We use commercially reasonable physical, electronic, and administrative safeguards that are designed to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. We cannot, however, ensure or warrant the security of any information you transmit to us, and your transfer of your Personal Information to us is at your own risk.

In the event that your Personal Information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, we will notify you by e-mail, fax, or U.S. mail. We will give you notice promptly, consistent with the reasonable needs of law enforcement and our company to determine the scope of the breach and to investigate and restore the integrity of the data system.

13. CROSS-BORDER TRANSFERS AND INTERNATIONAL USERS. If you are outside of the United States, by visiting our Website or App and by providing us with your Personal Information or data, you acknowledge and agree that we may use the Personal Information or data collected in the course of our relationship for the purposes identified in this Privacy Notice or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such Personal Information and data may be stored on servers located in the United States. By providing us with your Personal Information or data, you consent to the transfer of your Personal Information and other data to our servers, which may be located anywhere in the world. Personal Information may be transferred, accessed and stored globally as necessary in accordance with this Notice.
    
    
14. MINORS. Our Services are not directed to minors, we do not market to minors, and we do not knowingly collect Personal Information from anyone under the age of 18. If you believe that we have mistakenly or unintentionally collected Personal Information of a minor without appropriate consent, please notify us so that we may immediately delete the information from our servers and make any other necessary corrections.
    
    
15. DISPUTE RESOLUTION. You have the right to lodge complaints about the data processing activities carried out by us before the competent data protection authorities. If you have any complaints regarding our compliance with this Notice, you should first contact us at legal [at] growth.how or at Growth.how LLC, 440 North Barranca Ave #4769, Covina, CA 91723.  We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with this Notice.
    
    
16. CALIFORNIA PRIVACY RIGHTS. California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at privacy [at] growth.how or at Growth.how LLC, 440 North Barranca Ave #4769, Covina, CA 91723.

Customers in the state of California may request a list of categorized third parties and in some cases affiliates to whom we may have disclosed their personal information specifically for those third parties and/or affiliates’ own marketing purposes, as well as the type of personal information disclosed to those parties. Company does not disclose your personal information to third parties or affiliates for those third parties’ or affiliates’ own marketing purposes. If you are a California resident and would like more information about our compliance with this law, please contact us at legal [at] growth.how or at Growth.how LLC, 440 North Barranca Ave #4769, Covina, CA 91723. You must include your name, street address, city, state, and ZIP code. Please note that we are not required to respond to requests made by means other than through the provided address listed.

Right to Know and Delete

Consumers who are California residents (and not representatives of businesses, whether those businesses are our customers or others) have the right to know certain information about our data practices in the preceding 12 months. In particular, they have the right to request the following from us:

– The categories of personal information we have collected about them

– The categories of sources from which the personal information was collected

– The categories of personal information about them that we disclosed for a business purpose or sold

– The categories of third parties to whom the personal information was disclosed for a business purpose or sold

– The business or commercial purpose for collecting or selling the personal information.

In addition, in certain circumstances California consumers have the right to delete the personal information we have collected from them.

To exercise any of these rights, California consumers should submit a request by mail to Growth.how LLC, 440 North Barranca Ave #4769, Covina, CA 91723. You must include your name, street address, city, state, and ZIP code. Please note that we are not required to respond to requests made by means other than those provided. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within ten (10) days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

Right to Request Accessible Alternative Format

The Do Not Sell My Information and this Notice have been designed to be accessible for blind and visually impaired users and to allow for user interaction on such web form. If you experience any difficulties accessing this information, please contact us at support [at] growth.how or at Growth.how LLC, 440 North Barranca Ave #4769, Covina, CA 91723.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.

17. CHANGES TO OUR PRIVACY NOTICE. It is our policy to post any changes we make to our Privacy Notice on this page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the primary e-mail address specified in your account and/or through a notice on the Website home page or through the App. The date the Privacy Notice was made effective or was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website, App and this Privacy Notice to check for any changes.
    
    
18. CONTACTING US AND UPDATING YOUR COMMUNICATION PREFERENCES. If you would like to update your information, modify your communication preferences, or if you do not want to receive marketing communications from Company in the future, you can contact us at support [at] growth.how or at Growth.how LLC, 440 North Barranca Ave #4769, Covina, CA 91723.