Terms of Service

Hey guys, below you will find lots of legal talk, I was advised by my legal counsel to create these terms – they said it was a must.

I do think you should read these terms and conditions, but let me sum them up for you before you get into them:

• Payments are automated
• No Refunds
• If there are price increases, your membership rate will always renew at the same price that it was on your sign up date with a 10% discount from the original price (exception for sales or discounted prices as they will renew at the sale/discount price)
• Cancel anytime, but if you decide to re-enroll it will be at the current rate of membership at the time of enrollment
• After Cancelling your account you will no longer have access to any of the resources within the membership
• Everything is copyrighted, please don’t share it without permission
• Be nice, courteous and helpful in the forums and other interactions within the community
• Don’t do anything illegal, mean or unethical inside the forums

The PE Specialist Membership Terms and Conditions

By joining the The PE Specialist Membership Community, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not continue with your purchase.

PERSONAL PAYMENTS

This is a membership website. Payments will process automatically on the schedule you selected at the time of purchase (yearly or monthly).

PURCHASE ORDER PAYMENTS

If you are using a school purchase order, your membership will begin on the date the Purchase Order is received by ThePESpecialist.com, and terminate one year later unless a new purchase order or payment is received prior to that date.

If we do not receive a new purchase order or payment by the end of month twelve, your membership will be terminated and you will need to pay the current renewal price to get it reinstated. If your membership expires, you forfeit any special discounts you may have received the previous year.

CANCELLATION POLICY:

Due to the electronic nature of this product and the fact that it cannot be “returned,” ThePEspecialist.com has a no refunds policy.

If you are dissatisfied with your purchase for any reason, you will be able to cancel any future payments as long as you submit the Cancellation request at least 48 hours prior to the payment processing date. We cannot guarantee your cancellation request will be processed in time if it occurs within 48 hours of 12:00am EST on the billing date. The billing process is automated, but the cancellation process must be handled manually.

There will be no partial (or prorated) refunds on monthly OR annual payments. Cancellations will be effective once the cancellation request has processed. You will be unable to log in to the The PE Specialist Membership Community at that time. If you did not submit your cancellation request in time and the current month’s payment has already processed, we will not issue a refund for the current month or reinstate your membership until the next billing cycle.

We highly recommend that you download some of our free resources and watch the video on the information page before purchasing to make sure the community is right for you.

If you cancel and then decide to join the PE Specialist Membership Community again at a later time, you will be reinstated at the current membership rate, regardless of any special offers or discounts you received in the past.

After cancelling your account you will no longer have access to the membership resources.

1. Agreement.

This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of the The PE Specialist Community and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by ThePEspecialist.com upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at  https://www.thepespecialist.com/terms-of-service/.  Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Intellectual Property Ownership.

(a) Our Content. All content included on this site is and shall continue to be the property of ThePESpecialist.com or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights.  Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by ThePEspecialist.com.  Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. 

(b) User Supplied Content. By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.

When you post lesson plans or resources in the forums, you certify that the work is your own and you grant others the right to use or edit it for their personal use.

(c) Personal Use. ThePEspecialist.com grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of ThePEspecialist.com. We may terminate your use of this website at any time if we feel you are not abiding by the terms and conditions.

(d) Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without ThePEspecialist.com’s prior express written consent.

3. Disclaimers.

(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. ThePEspecialist.com DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

FURTHERMORE, ThePEspecialist.com DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ThePEspecialist.com, its SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.

(b) LIMITATION OF LIABILITY. ThePEspecialist.com SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS, YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ThePEspecialist.com OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ThePEspecialist.com HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.

(c) DISCLAIMERS. The information presented in this Website is intended to be for your educational and entertainment purposes only.

No guarantee is made that you will achieve any result at all from the ideas in our material. You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavor you may undertake.

Please refer to your district or school rules before incorporating any of the ideas presented on this site.

4. Terms Relating to User Supplied Site Content.

(a) Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our site, and gain access to the materials contained thereon at your own risk.

(b) No Monitoring. We do not monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our site and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our site participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our site based upon a complaint or otherwise.

(c) Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site.

(d) No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.

(e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.

(f) Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.

(g) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.

(h) Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.

(i) Prohibitions. You agree that you will not:

Use our forum, bulletin board, chat room, or any other user interactive area of our site for any illegal purpose.

Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.

Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.

Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site.

Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site.

Pretend to be another person that you are not.

Place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.

(j) Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our site.

5. Miscellaneous.

(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to ThePEspecialist Membership Community. You may not use the ThePEspecialist Membership Community to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail or forum posts.

(b) Intended Audience. This website is intended for adults only. This website is not intended for any persons under the age of 18.

(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

(d) Indemnification. You agree to indemnify, defend and hold ThePEspecialist.com and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

(e) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

(f) All content (including but not limited to images, text, uploaded files, etc.) submitted to, uploaded, by members may be used in any way by ThePEspecialist.com.  This includes but is not limited to forum posts, files, testimonials, etc.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Ben Landers, who can be reached as follows:

By Mail: 1 Wiltown Ct, Columbia, SC 29212

By e-mail: support (@) ThePEspecialist.com

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Privacy Policy

The PE Specialist Privacy Policy

First of all, we want you to know that we take your data very seriously and will never rent or sell your information.

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

These websites are the property of The PE Specialist, including all subdomains. We take the privacy of all visitors to these websites very seriously and therefore set out in this privacy policy our position regarding certain privacy matters and the use of cookies for these websites.

This policy covers all data that is shared by a visitor with us whether directly via https://www.thepespecialist.com , subdomains or via email. This policy provides an explanation as to what happens to any personal data that you share with us, or that we collect from you either directly via these websites or via email.

Information we collect

While using our site, we may ask you to provide us with certain personal data that can be used to contact or identify you (“Personal Data”). Personal Data may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Pictures or videos you submit

Information Collected Automatically

Like many websites, we and our third-party service providers, such as advertising and analytics providers, use cookies and other data technologies to receive and store certain types of information when you interact with us through your computer or mobile device. Using these technologies helps us recognize you, customize your experience and make relevant marketing messages.

Here are some of the types of information we collect:

• Log & Device data. When you visit our site, we may automatically record information (“log data”), including information that your browser sends whenever you visit our site. This log data may include your web address you came from or are going to, your device model, operating system, browser type, unique device identifier, IP address, mobile network carrier, and time zone or location.
• Our third party service providers may provide us information that tells us how our marketing ads, often placed on third party sites, performed and who clicked on them. This information does not identify any specific individual and is generally non-identifying. If we were to associate it with you we would treat it as personal data.

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Use of cookies

We may use “cookies” (a small text file sent by your computer each time you visit our site) or similar technologies to record log data. Many browsers default to accepting cookies.  You may be able to change this setting in your browser and you can also clear your cookies. If you do, you may lose some functionality of our site. Check your browser’s help function to learn more about your cookie setting options.

We may use the following types of cookies:

• Advertising and analytics:  These cookies collect information about who is visiting our site and how users engage with our site.  This information does not identify any individual user. It is aggregated and anonymous. Information included in this analysis is number of visitors to our site, referring websites, pages visited while on this site, time of day visited our site, if this is a new or repeat visitor, and other comparable information.  This information is used to help us understand the usage of our site, improve and operate our services more efficiently, and monitor the activity on our site.

• Please see below for a listing of our analytics providers.
  • Essential cookies: These cookies help run our site and make your experience better. These include cookies that provide you access to a members-only part of the site or help the content of our site load quickly.  These cookies are only used to provide you with these services.
  • Functionality cookies: These cookies allow the site to remember preferences you have selected such as login details or other selections you may have made.  These are designed to make it easier to use our site and not have to set the same preferences every time.
  • Social Media cookies: We use social media tools on our site and these cookies allow the social media network to record when you have liked or engaged with a social media tool on our site. In some situations, the social network may send us data that you have set to share.  If you do not want the social media network to share information with us, please check your privacy settings with the social media network.
  • Advertising cookies: These cookies allow you to track browsing habits as you visit the site.  Based on your browsing history and with our permission, we use third party advertising partners who can then display to you a relevant ad when you are on a third-party site such as a social media platform.  Within these cookies, we may also know your location with data such as latitude, longitude, GeoIP, and other location specific information. Please see below for your choices on cookies in the use of advertising.
• To help us make emails more useful and interesting, we often receive a confirmation when you open email from us if your computer supports such capabilities.  You can opt out of receiving emails from us at any time by clicking the unsubscribe link at the bottom of every email.
• We might also use a pixel tag which is a small graphic file that allows us and third parties to monitor the use of the site and provide us with information based on your interaction with the site. These tags may collect the IP address from the device which you loaded the page, the browser type. Pixel tags are also used by our third parties to collect information when you visit our site, the links and other actions you take on our site, and we may use this information in combination with cookies to display targeted advertisements.
• Other data technologies may be used that collect comparable information for security and fraud detection purposes.

If you have any questions about cookies you can go to www.youronlinechoices.com/uk or http://www.allaboutcookies.org/.

Use of your information – Grounds for Using Your Personal Data

The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, The PE Specialist is relying on the following lawful grounds to collect and process any personal data you may have provided:

• Legitimate Business Interests: To provide you with information requested from us relating to our products or services and to provide information on other products which we feel may be of interest to you if you have consented to receive such information, which are legitimate business interests. To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service. If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.
• Performance of Contract: To meet our contractual commitments to you and in performance of contractual obligations to you.
• User Consent: We may use your data, or permit selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider may be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented to at the time your information was collected. If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and only by those means you provided consent for. If you do not want us to use your data for ourselves or third-parties, you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data.
• Please be advised that we do not reveal information about identifiable individuals to our advertisers, but we may, on occasion, provide them with aggregate statistical information about our visitors such as your area of residence or age group.

Sharing and Disclosure

We do not share your personal information with others except as indicated within this policy or when we inform you and give you an opportunity to opt out of having your personal information shared.

We will share your information in the following ways.

• With third party service providers, agents, or contractors.  We use other companies, agents or contractors (“Service Providers”) to perform services on our behalf or to assist us with providing services to you. For example, we may engage Service Providers to process credit card transactions or other payment methods.  Or, we may engage Service Providers to provide services such as marketing, advertising, communications, infrastructure and IT services, to provide customer service, to collect debts, and to analyze and enhance data (including data about users’ interactions with our service). These Service Providers may have access to your personal or other information in order to provide these functions. In addition, some of the information we request may be collected by third party providers on our behalf. We do not authorize them to use or disclose your personal information except in connection with providing their services.
• Analytics.  Specifically for analytics providers, we use Google Analytics, which is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/  

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

• Advertising.  We may use third-party Service Providers to show advertisements, which may include targeted advertisements on a third party site after you have visited our website.  We and the third party service providers use cookies to inform, optimize, measure performance, and serve ads based on your previous visits to our site. Any tracking that a third party performs is subject to their own privacy notice.

Please note at this time, we do not recognize automated browser signals regarding tracking mechanisms, which may include “do not track” instructions.

We may work with Google AdSense & DoubleClick Cookie Google, as a third-party vendor, who would use cookies to serve ads on our site. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet. You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/.

Google AdWords/Analytics

Google AdWords remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page at http://www.google.com/intl/en/policies/privacy/.

Twitter: You can opt-out from Twitter’s interest-based ads by following their instructions: https://support.twitter.com/articles/20170405 You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy

Facebook: You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

We may participate in Facebook.com’s Custom Audience or LinkedIn’s Audience program which enables us to display personalized ads to individuals on our email list when they visit Facebook or LinkedIn respectively. We provide Personal Information such as your email address and phone number to the social media provider to enable it to determine if you are a registered account holder. You may opt-out of participation in this program by contacting us as noted below.  You may also opt out of receiving these ads from the social media network directly.

Payment Providers: We may provide paid products and/or services within the site. When we do, we use third-party services for payment processing (e.g. payment processors).  We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their own privacy notice. The payment processors we work with adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with currently are:

• Stripe – Privacy Policy – GDPR
• Paypal – Privacy Policy
• To comply with legal process or to protect The PE Specialist.  If we believe that disclosure is reasonably necessary to comply with a law, regulation, legal or governmental request; to enforce applicable terms of use, including investigation of potential violations thereof; to protect the safety, rights, or property of the public, any person, or The PE Specialist as required by law; or to detect, prevent, or otherwise address, security or technical issues or illegal or suspected illegal activities (including fraud).
• Business Transfers. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.  In such transitions, customer information is typically one of the business assets that is transferred or acquired by a third party. In the unlikely event that we or substantially all of our assets are acquired or enter a court proceeding, you acknowledge that such transfers may occur and that your personal information can continue to be used as set forth in this privacy policy.

Storing your personal data/Transfer of Data

This site is operated in the United States.  If you are located in another jurisdiction, please know that your information will be transferred to, stored, and processed in the United States. By using this site and providing us with information, you consent to this transfer, processing and storage of your information in the United States.  It is important to note that the privacy laws in the United States may not be as comprehensive as those in other countries such as the European Union. Our service providers use appropriate safeguards to transfer your personal data to the United States.

• We may transfer data that we collect from you to locations outside of headquarters for processing and storing. In addition, it may be processed by staff operating outside the office area who work for us or for one of our suppliers. For example, such staff may be engaged in the processing and concluding of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all reasonable steps to make sure that your data is treated securely and in agreement with this privacy policy.
• Data that is provided to us is stored on our secure servers.
• The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and the transmission of such data is entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain areas of our site, you are responsible for keeping this password confidential.

Third-party links

We may have links on our site to other sites that we do not operate.  If you click on a third-party link, you will be taken directly to that site which is governed by its own privacy notice.  We strongly encourage you to read that privacy notice. We do not control that site and assume no responsibility for the content, policies or its practices.

Choices and Individual Rights:

We aim to take reasonable steps, so you can correct, amend, delete or limit the use of your Personal Data.

We outline your choices below:

• Email.  As described above, if you do not wish to receive promotional emails from us, you may opt out at any time using the unsubscribe link.  If you opt out of a promotional email, we may still send you transactional and administrative emails about this privacy notice or about the products or services you have purchased.
• Cookies.  Your browser’s help function should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time.
• Advertising.  You can opt out of online targeted advertising by opting out within the advertisement itself or by visiting Digital Advertising Alliance, , the Digital Advertising Alliance of Canada in Canada (http://youradchoices.ca/) or the European Interactive Digital Advertising Alliance in Europe (http://www.youronlinechoices.eu/).  You can also opt out of the Digital Advertising Alliance using your mobile device settings.
• Your rights under certain circumstances.   To initiate any of these actions please contact us via email at ben (@) thePEspecialist.com, or by using the contact form on our website:
  • To access and receive a copy of the Personal Data we hold about you.
  • To rectify any Personal Data held about you that is inaccurate.
  • To request the deletion of Personal Data held about you.
  • You have the right to data portability for the information you have provided to us.  You can request to obtain a copy of this information in a commonly used electronic format so that you can manage and move it.  We will need to verify your identity before being able to respond to such requests.
  • Please note that in some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
• Right to Lodge a Complaint.  For European Union residents, if you feel that our processing of your personal data infringes on data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection.  You may do so in the EU member state where you habitually reside, your place of work or the location of the alleged infringement. If you are located outside of the European Union, you may have rights under privacy laws in the jurisdiction where you live.

Security

We use reasonable administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your information.

Retention

The PE Specialist will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Notice. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The PE Specialist will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Sensitive Data

We request that you do not send us any sensitive data such as social security or national identification numbers, information related to racial or ethnic origin, political opinions, religious beliefs, health data, biometrics or genetic, criminal background or trade union membership information. If you do send us this information, then you are consenting to its processing in accordance with this privacy notice.  To avoid processing of sensitive data, do not submit it.

Opting out:

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared.

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.  

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

•       On our Privacy Policy Page

Can change your personal information:

•       By emailing us

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

•       Send information, respond to inquiries, and/or other requests or questions

To be in accordance with CANSPAM, we agree to the following:

•       Not use false or misleading subjects or email addresses.
•       Identify the message as an advertisement in some reasonable way.
•       Include the physical address of our business or site headquarters.
•       Monitor third-party email marketing services for compliance, if one is used.
•       Honor opt-out/unsubscribe requests quickly.
•       Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails:      

• Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Our Contact Page at: ThePEspecialist.com/contact

Or via email at: Support @ thepespecialist.com

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