Terms & Conditions

Welcome to Profitcast! These terms and conditions outline the rules and regulations for the use of Profitcast Marketing Agency's Website, located at https://www.profitcast.com/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Profitcast if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", “Agency”, "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Profitcast, you agreed to use cookies in agreement with the Profitcast Marketing Agency's Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Profitcast Marketing Agency and/or its licensors own the intellectual property rights for all material on Profitcast. All intellectual property rights are reserved. You may access this from Profitcast for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Profitcast

  • Sell, rent, or sub-license material from Profitcast

  • Reproduce, duplicate or copy material from Profitcast

  • Redistribute content from Profitcast

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Profitcast Marketing Agency does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Profitcast Marketing Agency, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Profitcast Marketing Agency shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. Profitcast Marketing Agency reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

  • The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

  • The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy

  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Profitcast Marketing Agency a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;

  • dot.com community sites;

  • associations or other groups representing charities;

  • online directory distributors;

  • internet portals;

  • accounting, law, and consulting firms; and

  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Profitcast Marketing Agency, and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site. If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Profitcast Marketing Agency. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Profitcast Marketing Agency's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;

  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Not Everyone Qualifies for Free Marketing Plan

We withhold the right to determine who is the best fit for our free marketing plan. Not everyone who requests one will receive one.

No guarantee of a Specific Result

Regardless of any perceived representation to the contrary, Agency in no way guarantees a specific result for the Client. The client understands and agrees that they are paying the Agency as a service to generate results, but that results are never guaranteed. It is understood and agreed to that the Agency has no control over Google or other advertising platforms and if they decide to make changes to their advertising platform.

Non-Disparagement

The Parties agree not to disparage, slander, or defame, directly or indirectly, each other or its principals, agents, officers, owners, directors, or employees whether during the Term or after the termination of this Agreement. Further, this term shall apply, without limitation, to all forms of social media and online forums. Nothing herein shall prevent any Party from making any truthful statement in connection with any legal proceedings or with any investigation by any governmental authority.

Limitation of Liability

Agency warrants that the marketing services as outlined in the formal proposal will be provided in conformance with the terms of this Agreement, however, Agency does not make any other warranties, whether expressed or implied, whether regarding the performance of the services it provides. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH: (a) AGENCY SHALL HAVE NO LIABILITY FOR ANY SERVICES PROVIDED, INCLUDING ANY LIABILITY FOR NEGLIGENCE; (b) AGENCY MAKES AND CLIENT RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND (c) AGENCY SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Subject to the foregoing and notwithstanding anything to the contrary elsewhere contained, in no event shall the maximum aggregate liability of the Agency in connection with this Agreement exceed the monthly fee paid by the Client in the three (3) months preceding the claim. IN NO EVENT SHALL AGENCY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION OR DATA STORAGE, GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Force Majure

Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reasons beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications or utilities, or any act or failure to act by the other party or such other party’s officers, employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party’s reasonable control.

Default

In the event that Client fails to pay any fees or charges under this Agreement, Agency may immediately pause or continue this Agreement, among other available remedies, until the Client cures its default.

Governing Law

This Agreement shall be governed by the laws of the State of Tamil Nadu, India without regard to any choice-of-law provisions.

Attorney’s Fees

In any litigation, arbitration, or dispute arising under or relating to this Agreement, each Party shall be entitled to recover reasonable attorney’s fees and litigation costs.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter addressed herein and supersedes all prior communications, agreements, or understandings, written or oral, between the Parties. Any amendment to this Agreement must be in writing and signed by both Parties.

Severability

The provisions of this Agreement are severable, and if any provision of this Agreement is determined to be invalid or unenforceable under any controlling law, such invalidity or non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement.

Assignment and Successors; Binding Effect

The rights and obligations of the Parties under this Agreement may not be assigned, transferred, pledged, or otherwise encumbered without the prior written consent from the other Party in its sole discretion. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal and personal representatives, successors, and permitted assigns. The Client agrees to be bound by the terms of this Agreement as set forth above and as of the Effective Date of when the kick-off meeting between Client and Agency happens.

Contact Us

Should you have any questions, then please contact us

Global Privacy Policy

At Profitcast Marketing Agency, a Delaware corporation (hereinafter, “Profitcast,” “Company,” “us,” or “we”), we respect and protect the privacy of visitors to our website, www.profitcast.com.

This Global Privacy Policy (“Policy”) explains how we collect, use, disclose and protect visitors’ and users’ information as part of the Service. Any discussion of your use of the Service in this Policy is meant to include your visits and other interactions with the Sites and Services. If you are a resident of the European Union, European Economic Area, or Switzerland, please read in addition to this Policy our EU & Swiss Privacy Policy for further information about our data collection practices and your rights.

By accessing and using our website, you signify your acceptance to the terms of this Privacy Policy. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of the website.

What “Personal Information” Means

In this Policy, “Personal Information” means information or an information set that identifies or could be used to identify an individual directly or indirectly. Except as described in this Policy, Profitcast will not give, sell, rent, or loan any Personal Information to any third party. Personal Information does not include “Usage Data” which we define as encoded or anonymized information or aggregated data we collect about a group or category of services, features, or users which does not contain personally identifying information. Usage Data helps us understand trends in the usage of the Service so that we can better consider new features or otherwise tailor the Service. In addition to collecting and using Usage Data ourselves, we may share Usage Data with third parties, including our customers, partners, and service providers, for various purposes, including to help us better understand our customers’ needs and improve the Service as well as for advertising and marketing purposes.

How We Collect, Use, And Share Your Personal Information And Other Information

When you fill in the contact form, we may ask for Personal Information such as your name, email address, business name, website URL, or phone number. Profitcast may use Personal Information provided to operate, improve upon, and personalize the Service, for billing identification and authentication, to contact and communicate with you about the Service and your use of the Service, to support the use of the Service, to send marketing materials for research purposes, and to generally improve the content and functionality of the Service. We may also combine your Personal Information with third-party analytics information to build a broader profile of our individual users so that we can serve you better and provide custom, personalized content, and information.

Additionally, we may use the Personal Information we collect for identification and authentication and fraud prevention, to analyze Site usage and improve the Service, for internal market research, troubleshooting problems, to enforce our Terms of Service, and as otherwise set forth in this Policy. Note that we will never email you to ask for your account information. If you ever receive such an email, please forward it to balaji@profitcast.com

We use financial information solely as authorized by you in accordance with the Service. While Profitcast does not store your credit card information and will use commercially reasonable efforts to ensure the security of all credit card and all other Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein, and you agree to hold Profitcast harmless for any damages that may result therefrom.

Log file information

We collect certain technical information from the visitors to our customers’ websites. The information that our web servers log about our Service customers’ site visitors includes Internet Protocol (IP) address; the date/time a webpage or feature is accessed; the user agent string that identifies the browser or operating system to the server; installed fonts; mime-types; browser language and timezone; Silverlight data; installed plugins; HTTP headers; and screen resolution. Profitcast uses this information in order to monitor the volume of our customers’ website traffic.

Other information sharing

We may be required to disclose Personal Information to respond to subpoenas, court orders, and law enforcement or governmental requests or investigations, or to establish or exercise our legal rights or defend against legal claims. We may also share Personal Information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or our Terms of Service, or as otherwise required by law. We use or may use information collected by cookies, log files, device identifiers, and clear GIFs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site (b) provide custom, personalized content and information (c) to monitor the effectiveness of our marketing efforts (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns (e) diagnose or fix technology problems (f) help you efficiently access your information after you sign in (g) to provide advertising to your browser or device, and (h) For more information about cookies, please see Profitcast’s Cookie Policy. We may share Personal Information with any member of the Profitcast team, which includes any entity that controls, is controlled by, or under common control with Profitcast.

Links to other websites

The Service contains links to websites and applications other than the Service, including websites and applications operated by affiliates and other third parties. This Policy applies only to information collected by the Service. Profitcast does not endorse and is not responsible for the practices of third parties or their websites or applications. We do not determine and are not responsible for the privacy practices or the content of websites or applications operated by third parties. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. We are not responsible for and we do not control any third parties that you authorize to access your User Content. If you are using a third-party website or service and you allow such a third-party access to your User Content, you do so at your own risk.

Customer testimonials / comments / reviews

From time to time, we post customer testimonials on the Sites which may contain Personal Information. We always obtain the customers’ consent prior to posting their names along with their testimonials.

Protection of information

Profitcast is committed to ensuring the security of your Personal Information. We use commercially reasonable technological, physical, and administrative security safeguards, such as firewalls and carefully developed security features, to protect the confidentiality and security of your Personal Information within the Service and the Sites. When you enter confidential information (such as login credentials or information submitted from within the Service) we encrypt the transmission of that information using secure socket layer technology (SSL). These technologies, procedures, and other measures are used in an effort to ensure that your data is safe, secure, and only available to you and to those you authorized to access your data. However, no internet, email, or other electronic transmission is ever fully secure or error-free, so you should take care in deciding what information you send to us in this way. Profitcast is not responsible for the functionality or security measures of any third party.

Choice

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking / recording tools. Note that disabling cookies on your mobile device or browser may prevent us or our business partners from tracking your browser’s activities in relation to the Service. However, doing so may disable many of the features available through the Service. You may opt-out individually for third-party vendors on their websites, but limitations on data sharing may make it difficult or impossible to provide the Service after an opt-out. You may also opt out of interest-based advertising provided by participating ad servers through the Digital Advertising Alliance (http://optout.aboutads.info/), the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1), or the European Interactive Digital Advertising Alliance (http://www.youronlinechoices.eu). California consumers may use the Digital Advertising Alliance’s tool to send requests under the California Consumer Privacy Act (“CCPA”) for a web browser to opt out of the sale of personal information by some or all of that framework’s participating companies by accessing the DAA’s tool here: https://www.privacyrights.info/, or by downloading the DAA’s AppChoices mobile application opt-out here: https://www.privacyrights.info/appchoices. The AppChoices app is not limited to opt-outs for CCPA purposes and may be used by anyone to limit the collection of cross-app data for interest-based advertising purposes by participating DAA member companies.

Data retention

Profitcast will retain Personal Information we process on behalf of our customers or collect directly from our customers for as long as needed to provide Service to our customers, subject to our compliance with this Policy, or as required or permitted under the applicable law. We may further retain and use this Personal Information as necessary to comply with our legal obligations; maintain accurate accounting, financial, and other operational records; resolve disputes, and enforce our agreements. We have established internal policies for the deletion of data from the customer data following the termination of a customer’s subscription to the Service.

Children’s personal information

Profitcast does not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Policy by instructing their children never to provide Personal Information on our Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to Profitcast through our contact forms, please get in touch with us, and we will use commercially reasonable efforts to delete that information from our databases.

Your California privacy rights

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the Personal Information categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties with whom we may share your Personal Information. We generally collect the following categories of Personal Information about you when you use our Site:

  • identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;

  • protected classifications, such as gender;

  • commercial information such as records of products or services purchased obtained, or considered by you;

  • Internet or other electronic information regarding your browsing history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;

  • audio recordings of your voice to the extent you call us, as permitted under applicable law;

  • professional or employment-related information.

We generally do not collect education-related or biometric information, geolocation information, or inferences about your preferences, characteristics, behavior, and attitudes. For more information about the Personal Information we collect and how we collect it, please refer to Sections 1 and 2, above.

The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected. The categories of third parties with whom we may share your Personal Information are listed above.

Privacy rights

If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.

  • Right Against Discrimination - You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.

  • Right to Know - You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties' direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.

  • Right to Delete - You have the right to request us to delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.

To assert your right to know or your right to delete your Personal Information, please contact us according to the “Contact Us” section below. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

Right to Opt-Out of Selling. As described in this Privacy Policy, in certain situations we may share your Personal Information with certain third parties for our marketing or other purposes. To the extent such sharing is considered a “sale” under the CCPA, as a California resident you have the right to opt-out of such sharing. If you would like us to no longer share your Personal Information in this way, you can opt-out by visiting the following web page: Do Not Sell My Info. If you opt-out, we may be unable to offer you some of our Services which require sharing of Personal Information.

California consumers may also use the Digital Advertising Alliance’s tool to send requests under the California Consumer Privacy Act (“CCPA”) for a web browser to opt out of the sale of personal information by some or all of that framework’s participating companies by accessing the DAA’s tool here: https://www.privacyrights.info/, or by downloading the DAA’s AppChoices mobile application opt-out here: https://www.privacyrights.info/appchoices.

The AppChoices app is not limited to opt-outs for CCPA purposes and may be used by anyone to limit the collection of cross-app data for interest-based advertising purposes by participating DAA member companies.

In addition, under California Civil Code Sections 1798.83–1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties.

If you are a California resident and would like a copy of this notice, please submit a written request to balaji@profitcast.com

Changes to the Privacy Policy

We may, in our sole discretion, modify or update this Policy from time to time. If we make any material changes to this Policy, we will endeavor to notify you by email or by posting a prominent notice on the Sites prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the website constitutes your acceptance of such changes to this Policy. If you do not accept the terms of this Policy, you should immediately discontinue the use of the website.

Business transactions

Profitcast may assign or transfer this Policy, and your user account and related Personal Information, to any person or entity that acquires all or substantially all of the business, stock or assets of, or is merged with Profitcast. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, or similar transactions or proceedings, provided that the recipient of such information will continue to be bound by the terms of this Privacy Policy.

Contact us

If you have questions regarding this Policy or about the privacy practices of Profitcast, please contact us by email at balaji@profitcast.com.

EU & Swiss Privacy Policy for Proficast

Welcome to the Profitcast Marketing Agency, (hereinafter, “Profitcast,” “Company,” “us,” “our,” or “we”) EU & Swiss Privacy Policy (the “Policy”).

This Policy governs our information-handling practices as applicable to residents in the United Kingdom ("UK"), European Union (“EU”), European Economic Area (“EEA”), and Switzerland (collectively, the “Data Subjects”) that are visiting our website, www.profitcast.com.

This Policy explains how we collect, use, disclose, and protect Data Subjects’ information as part of the Service in accordance with data-protection laws in the UK, EU, EEA, and Switzerland (collectively the “Data Protection Laws”). Any discussion of your use of the Service in this Policy is meant to include your visits and other interactions with the Site.

Capitalized terms that are not defined in this Policy have the meaning given them in our Terms of Service or Global Privacy Policy.

By accessing and using the Service, you signify your acceptance to the terms of this Policy. If you do not agree with or you are not comfortable with any aspect of this Policy, our Global Policy or the Terms of Service, you should immediately discontinue access or use of our Website. In the event of a conflict between the Global Privacy Policy and this Policy, this Policy supersedes the Global Privacy Policy.

Our relationship to you

In order for you to understand Profitcast’s data protection obligations and your rights to your Personal Information under this Policy, it is important that you identify which relationship(s) you have with Profitcast.

  • A “User” is an individual providing personal data to us via our website such as by signing up for our newsletter or filling out contact forms. Profitcast is in a “data controller” relationship with Users.

  • A “Customer” is a specific type of User that has engaged us to act as an agent (or, as a “Data Processor”) by obtaining our Services. Profitcast is in a “data processor” relationship with Customers.

Hereinafter we may refer to Customers and Users collectively as “you.”

Notice

Profitcast provides notice to you through posted privacy policies and may provide additional "just-in-time" disclosures about the data collection, use, and sharing practices of specific Services. The Global Privacy Policy generally describes our privacy practices, while this Policy is specific to Users and Customers located in the UK, EU, EEA, and Switzerland while using our Services. This Policy describes how we process Personal Information from the UK, EU, EEA, and Switzerland in accordance with Privacy Shield and applicable data protection law.

To the extent required by law, Profitcast supports Customers’ data-protection compliance efforts, but it is up to the Customer to ensure the appropriate data protection safeguards are in place before processing Personal Information from Customer End Users.

Collection of Personal Information

As described in the Global Privacy Policy, Profitcast collects various types of Personal Information about you while you are using the website. Information that is anonymized or aggregated is not “Personal Information.”

In general, we collect the following types of Personal Information:

  • Form submission data: full name, email address, and details of websites owned.

  • Online identifiers: geolocation/tracking details, browser fingerprint, OS, browser name and version, and/or IP addresses.

  • Interaction data: survey responses, forum or blog posts, authentication data, security questions, public social networking posts, user ID, click-stream data, and other data collected via cookies and similar technologies. Please read our Cookie Policy for more information.

Any information that is disclosed in the forums or our blog becomes public information. This means that your posts are available to the public and may appear in search engines or other publicly available platforms, and may be “crawled” or searched by third parties. Your public posts can also be read, collected, or used by others to send you unsolicited messages.

Purpose of processing

Under the Data Protection Laws, we are required to notify you about our purposes of processing your Personal Information, as well as the legal basis for such processing.

Unless otherwise permitted by law, we may process your Personal Information:

  • If you consent to the processing

  • To satisfy our legal obligations

  • If it is necessary to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you

  • In the public interest

  • In your vital interests, or

  • For our legitimate interests, such as to protect our property, rights, or the safety of Profitcast, our customers, or others.

Purpose of processing

Legal basis

To ensure network and information security. We process your Personal Information to:

  • Enhance the security of our Website

  • Combat spam or other malware or security risks

  • Monitor and verify identity or service access

  • To comply with applicable security laws and regulations

Without processing your Personal Information, we may not be able to ensure the security of our Services.

Processing is necessary for compliance with a legal obligation.

For research and development purposes. We process your Personal Information to better understand you and the way you use and interact with our Website. For example, interaction data can provide helpful insights that assist us with measuring, customizing, or improving the current Website. In addition, such information can help us serve you better. Without such processing, we cannot ensure your continued enjoyment of our Services.

Processing is necessary for the purposes of the legitimate interests pursued by Profitcast.

To facilitate acquisitions, mergers, or other business transactions. We may process any of your Personal Information as is necessary in the context of acquisitions, mergers, or other business transactions. We will try to notify you in advance if we intend to process your Personal Information for this purpose.

Processing is necessary for the purposes of the legitimate interests pursued by Profitcast.

We will only use your Personal Information for the purposes above or for compatible purposes.

If we wish to share your Personal Information with third parties that are not described in this Policy or the Global Privacy Policy, we may request your permission as required by Data Protection Law. You may opt-out of having your Personal Information shared with third parties, or from allowing us to use your Personal Information for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your authorization.

Third-party recipients

Profitcast conducts the majority of data processing activities required to provide you with the Services. However, we do engage third-party service providers to assist with supporting our Services, including vendors in the following areas:

  • Customer support tools

  • IT and security service providers, and

  • Marketing or analytics tools

Each service provider is vetted and bound by contractual obligations that are equivalent to the provision of this Policy or more stringent. See the “Accountability for Onward Transfers” section below for more information about our agreements with third parties.

Retention

We are committed to keeping your Personal Information secure on our Services. We limit our storage of your Personal Information to the amount of time necessary to fulfil the purposes for which we collected the Personal Information, including for the purposes of satisfying any legal, accounting, or reporting obligations, or to resolve disputes. Although retention laws and requirements vary by jurisdiction, we have some standard retention periods for parts of your Personal Information which are described below:

  • Contact information collected for marketing purposes, such as your name and email address, is retained on an ongoing basis until you unsubscribe from our marketing communications. Thereafter we will add your contact information to our suppression list indefinitely to respect your unsubscribe request.

  • Browser interaction data, such as cookies and trackers, is kept for a period of up to one year from expiry of the cookie or date of collection.

  • Product analytics data is kept for up to 5 years, and automatically deleted on an ongoing basis.

If you have questions about retention periods that apply to any other data, please contact us at balaji@profitcast.com

Security

We are committed to protecting the security of your Personal Information by using reasonable and appropriate physical, electronic, and administrative safeguards.

Direct marketing

Direct marketing includes any communications to you that are only based on advertising or promoting products and services. Transactional communications about our Services are not considered “direct marketing” communications. We will only contact Customers by electronic means (including email) based on our legitimate interests or the Customer’s consent. When we rely on legitimate interest, we will only send you information about our Services that are similar to those which were the subject of a previous sale or negotiations of a sale to you.

If you do not want us to use your Personal Information in this way, or to pass your Personal Information on to third parties for marketing purposes, please click an unsubscribe link in your emails, or contact us at balaji@profitcast.com. You can object to direct marketing at any time and free of charge.

Your rights

You have the rights to your Personal Information that are described below. You can exercise your rights by contacting us at balaji@profitcast.com so that we may consider your request under applicable law. When we receive an individual rights request via email, we may take steps to verify your identity before complying with the request to protect your privacy and security.

  • Right to withdraw consent. When we rely on your consent for processing of your Personal Information, you have the right to withdraw your consent at any time. However, the withdrawal of your consent will not affect the lawfulness of Profitcast’s processing based on consent before your withdrawal.

  • Right of access to and rectification of your Personal Information. You have a right to request a copy of your Personal Information stored with Profitcast. We will provide a copy to you without undue delay subject to some fee associated with the gathering of the information (as permitted by law). We may limit or deny your request if providing you with a copy could adversely affects the rights and freedoms of others. You may also request us to correct or update any inaccurate Personal Information stored by us.

  • Right to erasure (or, “The right to be forgotten”). You have the right to request erasure of your Personal Information that: (a) is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (b) was collected in relation to processing that you previously consented to, but no longer consent to; or (c) was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing. Your right to erasure is subject to limitations by relevant Data Protection Laws.

  • Right to data portability. If we process your Personal Information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your Personal Information in a structured, commonly used, and machine-readable format, and to have us transfer your Personal Information directly to another data controller, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others.

  • Right to restriction of processing. You have the right to restrict our processing of your Personal Information where one of the following applies: 1. You contest the accuracy of your Personal Information that we processed. In such instances, we will restrict processing during the period necessary for us to verify the accuracy of your Personal Information. 2. The processing is unlawful and you oppose the erasure of your Personal Information and request the restriction of its use instead. 3. We no longer need your Personal Information for the purposes of the processing, but it is required by you to establish, exercise, or defend legal claims. 4. You have objected to processing, pending the verification of whether the legitimate grounds of Profitcast’s processing override your rights.

  • Notification of erasure, rectification, and restriction. We will communicate any rectification or erasure of your Personal Information or restriction of processing to each recipient to whom your Personal Information has been disclosed, unless this proves impossible or involves disproportionate effort. We will inform you about those recipients if you request this information. If we have made your Personal Information public and we are required to erase the Personal Information, we will, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other parties that are processing your Personal Information that you have requested the erasure of any links to, or copy or replication of your Personal Information.

  • Right to object to processing. Where the processing of your Personal Information is based on consent, contract, or legitimate interests, you may restrict or object, at any time, to the processing of your Personal Information as permitted by applicable law. We can continue to process your Personal Information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law

  • Automated individual decision-making, including profiling. You have the right not to be subject to a decision based solely on automated processing of your Personal Information, including profiling, which produces legal or similarly significant effects on you. There may be exceptions or limitations to this right as defined under relevant Data Protection Laws.

Limitations to your rights

Your rights to your Personal Information are not without limits. Access may be denied when:

  • Denial of access is required or authorized by law

  • Granting access would have a negative impact on other's privacy

  • Doing so protects our rights and properties, or

  • Where the request is frivolous or vexatious

Recourse, enforcement & liability

We will investigate and work expeditiously to resolve any complaints or disputes in accordance with this Policy and the Privacy Shield Framework. If you have an inquiry or complaint regarding our privacy policies or practices, please contact us first at privacy@profitcast.com. If you have an unresolved complaint or dispute arising under the requirements of the Privacy Shield Framework, we agree to refer your complaint under the Framework to an independent dispute resolution mechanism free of charge. Our independent dispute resolution mechanism is JAMS. For more information and to file a complaint, visit the JAMS website. We are also subject to the investigatory and enforcement powers of the Federal Trade Commission with respect to the Framework. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. You have also a right to lodge a complaint with a competent supervisory authority.

Children’s data

We recognize that some Data Protection Laws vary based on the age of consent. Depending on the jurisdiction, the age of consent can be between 13 to 16 years old. We do not knowingly request to collect Personal Information from any Data Subject under the age of consent as defined by the jurisdiction in which the Data Subject resides. If we are aware of or suspect that a Data Subject is under the age of consent, we will require the Data Subject to terminate their account. We will also take steps to delete the information as soon as possible. Please notify us if you know of any individuals under the age of consent using our Services.

Changes to this Policy

We may change this Policy at any time and the changes will apply to any Personal Information we already hold and to any new Personal Information collected after the change occurs. If we make any material changes to this Policy, we will endeavor to notify you by email or by posting a prominent notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of our Services after the effective date of this Policy constitutes an acceptance of the amended terms. You may refer to the “Last Updated” date of this Policy to determine if the Policy has changed since the date of your last visit.

Contact us

If you have any questions regarding this Policy or about the privacy practices of Profitcast, please contact us by email at privacy@profitcast.com.

Cookie Policy for Profitcast

This Cookie Policy (“Policy”) explains how Profitcast Marketing Agency. ("Profitcast", "we", "us" and "our") uses cookies and similar technologies (like web beacons) when you visit any of our websites that link to this Cookie Policy (such as www.profitcast.com) ("Websites"). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

In some cases, we may use cookies and similar technologies to collect Personal Information or information that becomes Personal Information if we combine it with other information. In such cases, the Profitcast Global Privacy Policy will also apply, as will the EU & Swiss Privacy Policy, if applicable.

Capitalized terms that are not defined in this Policy have the meaning given them in our Profitcast Global Privacy Policy.

What cookies are

A cookie is a small software file stored temporarily or placed on your computer’s hard drive. The main purpose of a cookie is to allow a web server to identify a user’s computer and web browser and tailor web pages and/or login information to a user’s preferences. Cookies help us promptly display the information needed to use the capabilities on the Service and other information which we consider to be of interest to visitors to the Sites and users of the Service. By gathering and remembering information about website preferences through cookies, we can provide a better web and marketing experience. Cookies do not give us access to your computer.

The types of cookies Profitcast uses

There are two types of cookies: session cookies and persistent cookies. We use both session and persistent cookies. Session cookies allow us to uniquely identify your browser while you are logged in and to process your online transactions. Session cookies disappear from your computer when the web browser is closed or computer is turned off. We also utilize persistent cookies to make it easier to log into and use the Service. Persistent cookies remain on computers after the web browser is closed or the computer is turned off.

Third-party cookies

Cookies set by us are called "first-party cookies," while cookies set by others are called "third-party cookies." A third-party cookie can recognize your device both when it visits our Services and when it visits certain other websites or mobile apps. Profitcast does not control how third-party cookies are used, so you should check the website of a third-party cookie provider for more information about how they are used. Both first-party and third-party cookies can serve many functions, including analytics, marketing, and advertising. For more information about how you can control advertising or analytics cookies, please see the relevant section below. We do not track or respond to browser “Do Not Track” requests.

Cookies and your Personal Information

Some cookies are associated with your account and Personal Information, while others are not. We generally treat information collected by cookies and other technologies as non‑Personal information. However, to the extent that IP addresses or similar identifiers are considered Personal Information by local law, we also treat these identifiers as Personal Information. If we combine non-Personal Information with Personal Information, then the combined information will be treated as Personal Information for as long as it remains combined.

Why Profitcast uses cookies and similar tracking technologies

Profitcast uses cookies and similar tracking technologies to assist with marketing its services to interested individuals. Cookies help us improve by telling us our Services are being used, letting you navigate between pages efficiently, remembering your preferences, and overall ensuring you enjoy your browsing experience on our Services. The chart below explains how we generally use cookies.

Category of use

Description

Security

These cookies help us detect suspicious or malicious activity on our Services, and support other security features.

Preferences and functionality

These cookies allow our Services to recognize you and your preferences. For example, they can auto-fill a form for you, provide you with customized content, remember your application settings, and more.

Advertising

These cookies allow us to show you advertising about Profitcast on and off the Services. They tell us whether you took an action after seeing one of our ads, such as signing up for a webinar or other event by Profitcast. They also let our advertising partners know how well our ads are doing by measuring the ad’s success and the types of interactions people have with our ads.

Research, performance, and analytics

These cookies help us understand how well our Website is doing by measuring your interactions with our Website. They also help us use plugins on our Services that allow you to enjoy certain functions, such as sharing our pages on your social media accounts.

Managing first-party cookies with your browser settings

If you would like to control the first-party cookies on our Services, you can use your browser to enable, disable, or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help,” “Tools,” or “Edit” settings). However, please be aware that if you set your browser to disable cookies, you may not be able to access secure areas of the Services and other parts of the Services may also not work properly. Many browser manufacturers provide helpful information about cookie management, including, but not limited to:

  • Google Chrome

  • Mozilla Firefox

  • Safari

  • Android Browser

  • Opera

  • Internet Explorer

If you use a different browser, please refer to your browser’s documentation. You can also find out more about how to change your browser cookie settings at www.allaboutcookies.org.

Advertising and/or analytics cookies Profitcast uses and how to control them

We use third-party advertising and analytics tools to help us measure traffic and usage trends for the Service and to share offers with individuals who may be interested in our Services. The Services primarily use the following advertising and/or analytical tools, for which we include relevant privacy information and opt-out options:

  • Google Analytics and Google Adwords Google’s ability to use and share information collected by Google Analytics is restricted by the Google Analytics Terms of Service and the Google Privacy Policy. You may also learn more about how Google collects and processes data specifically in connection with Google Analytics. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on.

  • Amplitude Amplitude’s use of information collected is set forth in its Privacy Policy

  • Attribution Attribution's use of information collected is set forth in its Privacy Policy.

  • Iterable Iterable's use of information collected is set forth in its Privacy Policy.

  • Facebook Pixel and Remarketing Service Facebook’s use of information collected is set forth in its Privacy Policy. You may opt out of Facebook’s interest-based ads.

  • Segment Segment’s use of information collected is set forth in its Privacy Policy, which includes instructions for opt-out.

  • Disqus Disqus outlines its use of information collected in its Privacy Policy. You may also opt out of Disqus personalization features.

If you would like more information about cookies and targeted advertisements, please visit https://www.allaboutcookies.org. In addition, if you would like to opt out of interest-based targeting provided by participating ad servers, you may do so through the Digital Advertising Alliance (http://optout.aboutads.info/), the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1), or the European Interactive Digital Advertising Alliance (http://www.youronlinechoices.eu). In addition, on your iPhone, iPad or Android mobile device, you can change your device settings to control whether you see online interest-based ads.

As described in our Privacy Policy, California consumers may use the Digital Advertising Alliance’s tool to send requests under the California Consumer Privacy Act (“CCPA”) for a web browser to opt out of the sale of personal information by some or all of that framework’s participating companies by accessing the DAA’s tool here: https://www.privacyrights.info/, or by downloading the DAA’s AppChoices mobile application opt-out here: https://www.privacyrights.info/appchoices.

The AppChoices app is not limited to opt-outs for CCPA purposes and may be used by anyone to limit the collection of cross-app data for interest-based advertising purposes by participating DAA member companies. If you are a California resident and would like us to no longer share your personal iin relation to cookies and related technologies, you can opt-out by visiting the following web page: Do Not Sell My Info.

Profitcast’s use of clear GIFs/web beacons

When you use the Service, we may employ clear GIFs (also known as web beacons) which are used to track the online usage patterns of our users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Changes to Profitcast’s cookie policy

We may, in our sole discretion, modify or update this Policy from time to time. If we make any material changes to this Policy, we will endeavor to notify you by email or by posting a prominent notice on the Sites prior to the change becoming effective, but will not be liable for any failure to do so. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Service constitutes your acceptance to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue accessing the website.

Contact us

If you have questions regarding this Policy or about the privacy practices of Profitcast, please contact us by email at balaji@profitcast.com.