Terms of Use

These Terms of Use are effective as of January 1, 2011 and are between you and the Ackert Advisory and its corporate affiliates (collectively, “us”, “we,” “The Ackert Advisory,” or “the Company”), with a principal place of business at 16200 Ventura Blvd., Suite 418, Encino, CA 91436 for the use of the www.practiceboomers.com website and related websites and portals owned and controlled by the Company (collectively referred to as “the “Website”).  The terms and conditions set forth in this Agreement constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users and members of the Website. The Company will not be bound by any additional or different terms on order forms or other documents that are inconsistent with these terms. By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website. It is your responsibility to regularly review these Terms of Use.

License To Use Site

The Website is designed to provide its subscribers with professional business development education services and resources.  You may use the Website solely for personal and non-commercial purposes.  Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company.  Your right to use the Website is not transferable.  You acquire no rights or licenses in or to the Website and materials contained therein other than the limited right to utilize the Website in accordance with these Terms of Use.

When you or your firm purchases Practice Boomers content from the Website, the Company grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such content to your computer and/or your mobile device solely for your personal non-commercial use. You may not copy, reproduce, distribute or use such content in any other manner other than as specifically permitted by the Company. You may not sell, transfer, lease, modify, distribute or publicly perform such content in any manner and you may not exploit it commercially.

Subscriber Eligibility

You acknowledge that you are 13 years of age or older. Children under the age of 13 are not eligible to subscribe and are not allowed to visit or otherwise use our Website.

Privacy

Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses, and/or credit card information, and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy which appears below.

Password

When you register as a Subscriber on www.practiceboomers.com, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party.  You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.  Your username and password are not transferable.

Credit Card Payments

If you provide a credit card for payment purposes, you hereby authorize the Company to charge all amounts owed to the Company hereunder, to the credit card or payment account you provide to the Company.  You shall additionally be responsible for and shall immediately pay the Company, on demand, any payments that are made to the Company that are subject to a subsequent reversal.  Questions regarding charges must be brought to the attention of the Company within sixty (60) days after the end of the questioned billing period.  Charges beyond sixty (60) days old are not subject to review.  Once purchased by you, products are non-refundable, except at the Company’s sole discretion.

User Conduct

You understand that the Website is available for your personal, non-commercial use only.  You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.  You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.  In addition, you agree not to use the Website to:

  • Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Intimidate or harass or advocate harassment of another;
  • Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Website;
  • Exploit people in a sexual or violent manner;
  • Provide nudity, violence, or offensive subject matter or provide a link to an adult web site;
  • Solicit personal information from anyone under 18 years of age;
  • Promote information that you know is false or misleading or promotes illegal activities or conduct that is defamatory or libelous;
  • Promote an illegal or unauthorized copy of another party’s copyrighted work;
  • Solicit passwords or personal identity information for commercial or unlawful purposes from other users;
  • Solicit money from others.

Copyright and Trademark

All content on the Website, and all products sold on the Website, including but not limited to design, text, graphics, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “Company Content”), is the proprietary property of the Company or a third party and protected by copyright.  All rights reserved.  No Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may not republish Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation.  Any other use of the Company Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company, including without limitation PRACTICE BOOMERS, and the Practice Boomers logo.

Copyright Infringement Policy

The Company respects the rights of all copyright holders and in this regard, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of Subscribers who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company's Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  The Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: 16200 Ventura Blvd., Suite 418, Encino, CA 91436 Attn: Copyright Agent.  The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Subscriber Content

The Company does not claim any ownership rights in your profile, content or any other materials that you provide, submit, publish or display (hereinafter, “post”) on or through the Website or otherwise submit to the Company (collectively the “Subscriber Content”). You are solely responsible for the Subscriber Content that you post on or through the Website or otherwise submit to the Company.  You understand and agree that the Company may review and delete or remove any Subscriber Content that, in the sole judgment of the Company, violates this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of Subscribers, the Company or others.

By posting Subscriber Content to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, copy, adapt, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sub-licenses of the foregoing. You represent and warrant that your Subscriber Content is accurate, true, non-defamatory and non-infringing, and that it will not cause injury to any person or entity; you further represent and warrant that the holder of  any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

You understand that all Subscriber Content is the sole responsibility of the person from whom such Subscriber Content originated, and that the Company does not control, and is not responsible for Subscriber Content made available through the Website, and that by using the Website, you may be exposed to Subscriber Content that is inaccurate, misleading, incomplete, or otherwise objectionable.  Subscriber Content does not necessarily represent the views of, nor should it be construed as an endorsement by, the Company.  You agree that you must evaluate, and bear all risks associated with, the use of any Subscriber Content, and that under no circumstances will the Company be liable in any way for any Subscriber Content or for any loss or damage of any kind incurred as a result of the use of any Subscriber Content posted or otherwise made available via the Website.  You acknowledge that the Company does not pre-screen, monitor or approve Subscriber Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Subscriber Content that is available via the Website, for violating the letter or spirit of these Terms of Use or for any other reason.  The Company shall have no obligation to resolve disputes among Subscribers or monitor the accuracy or proper use of any Subscriber Content.

Content Disclaimer

You acknowledge that all content contained on this Website is for informational purposes only. The Company makes no claims and/or guarantees as to the effectiveness of the information contained herein.  The content is not intended to be a substitute for professional legal, accounting or financial services advice.  Always seek the advice of a qualified professional with any questions you may have regarding your finances, or any other information that is either contained in or referred to on the Website. Never disregard professional advice due to anything you have read on this Website.

The Company does not recommend, guarantee, test or endorse any third party procedures, opinions, or other information that is posted on the Website by individuals or entities other than the Company.  Reliance on any third party information posted on this Website, including without limitation Subscriber Content, is solely at your own risk.

The Website may feature interviews, information or other content from professionals.   The Company does not ensure the accuracy or endorse the conduct of these professionals. Accordingly, the Company assumes no responsibility, and disclaims liability of any kind, arising from the conduct of professionals on the Website, including, but not limited to, any defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy.

Additional Warranties and Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. All information appearing on the Website is provided "AS IS, AS AVAILABLE" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise.  THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

The terms of this section shall survive any termination of the Terms.

Limitation of Liability

THE COMPANY SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST SUBSCRIBER. COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY SUBSCRIBER FOR SUCH PRODUCT OR SERVICE.

Applicable Law

This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Los Angeles, California.

Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Indemnification

Subscriber shall indemnify, defend, and hold harmless the Company and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that the Company may sustain or incur arising from (a) Subscriber's violation of these Terms of Use; (b) Subscriber Content posted by Subscriber; (c) Subscriber’s use of any products or information obtained via the Website, (d) Subscriber's failure to comply with any applicable laws and regulations, or (e) Subscriber's negligent act or omission, or willful misconduct.  The Company will provide Subscriber with: (i) prompt written notice of such claim of which the Company is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Subscriber's expense to settle and/or defend any such claim.  Notwithstanding the foregoing, Subscriber shall not settle any such claim, suit or proceeding without the written consent of the Company, which shall not be unreasonably withheld.

Termination

The Company may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against the Company in the event of a dispute arising out of this Agreement, the Website or your use thereof, is to terminate this Agreement by ceasing your use of the Website. In the event of termination of this Agreement, the Company may delete and/or store, in its discretion, data associated with your use of the Website. The Company may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any web site feature, database, or content.

Notices

Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to The Ackert Advisory, 16200 Ventura Boulevard, Suite 418, Encino, CA 91436.

Modifications to this Agreement

The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.

Entire Agreement.

This Agreement and our Privacy Policy (see below) contain the entire agreement between you and the Company with respect to this Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to this Website. Any rights not expressly granted herein are reserved.

Assignment

The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this agreement, contact the Company at: The Ackert Advisory, 16200 Ventura Blvd., Suite 418, Encino, CA 91436, ATTN: Terms of Use Agreement.

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Privacy Policy

Effective Date: August 15, 2018

This Privacy Policy describes how Ackert Inc., a California corporation (“Ackert,” “we,” “our,” or “us”) collects, uses, and shares information about you, as well as what controls and rights you have regarding your information. It applies to your use of www.practicepipeline.com, www.practiceboomers.com, , and www.practiceviewer.com, and any related websites, mobile applications, and portals owned and controlled by Ackert (the “Service”).

We encourage you to read this Privacy Policy as well as our Terms of Use. Any updates or modifications to this Privacy Policy will be posted on this page. By using or accessing the Service, you signify that you have read, understand and agree to be bound by this Privacy Policy and the Terms of Use.

If you have any questions about our privacy practices, please contact us as set forth in “Contact Us” below.

Information We Collect

Information You Provide to Us

We collect information you provide through your use of the Service. We collect information when you browse our websites, interact with our emails or advertisements, open our mobile apps, subscribe to our blog or emails, request a demo or pricing, sign up to use the Practice Pipeline, Practice Boomers, Practice Driver, or Practice Viewer services, or otherwise contact us.

If you or your firm registers as a paid subscriber of the Service, you will gain access to certain restricted portions of the Service. For these restricted portions of the Service, we collect information when you log-in, take our lessons, establish your goals and strategies, utilize any functionality, or otherwise interact with us.

The information we collect includes information relating to identified or identifiable natural persons. Some examples of information you provide through your use of the Service include the following:

  • Contact Data, including your first and last name, postal address, phone number, and email address.
  • Company Data, including your company’s name and postal address.
  • Login information for authorized users, including usernames and passwords.
  • Billing Data, including payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process payments.
  • Demographic Data, including your age, gender, country, profession, title, and industry niche.
  • Strategy Data, including your goals and strategies, and your clients, prospects, and referral sources.
  • Content, including the content of messages you send to us, such as feedback and reviews you write, or questions and information you provide to customer support.

When you provide information through the Service, you are giving your consent to the collection, use and disclosure of your information as set forth in this Privacy Policy. You may choose to voluntarily submit other information to us that we do not request, and, in such instances, you are solely responsible for such information.

Information We Automatically Collect

In addition to the above information, we automatically collect information when you use the Service. Some examples of information we automatically collect include the following:

  • Service Use Data, including data about the features you use, the pages you visit, the emails and advertisements you view, the time of day you browse, and your referring and exiting pages.
  • Device Connectivity and Configuration Data, including data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address, MAC address, and Ad Id (e.g., IDFA or AAID).
  • Location Data, including imprecise location data (e.g., location derived from an IP address or data that indicates a city or postal code level) and, with your consent, precise location data (e.g., latitude/longitude data).

We use various current – and later – developed technologies to automatically collect this information, including the following:

  • Log Files. A log file is a file that records events that occur in connection with your use of the Service.
  • Cookies are small pieces of information that are stored by your browser on your device’s hard drive. Generally, cookies work by assigning to your browser a unique number that acts as a tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising off the Service. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. However, not accepting cookies may make certain features of the Service unavailable to you.
  • A pixel (also known as a web beacon) is code embedded in a website, video, email, or advertisements that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from third parties that allow us to understand which of our pages, products, and services are most popular, track our conversions, generate statistics and develop marketing plans, bring you advertising off the Service, and provide you with additional functionality, such as the ability to connect our Service with third party services.
  • Device Fingerprinting. Device fingerprinting is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your device and apps.
  • App Technologies. There are a variety of tracking technologies that may be included in our apps, and these are not browser-based like cookies and cannot be controlled by browser settings. For example, our apps may include third party SDKs, which is code that sends information about your use to a server. These SDKs allow us to understand which of our pages, products, and services are most popular, track our conversions, generate statistics and develop marketing plans, bring you advertising off the Service, and provide you with additional functionality, such as the ability to connect our Service with third party services.
  • Location-Identifying Technologies. GPS, WiFi, Bluetooth, and other location-aware technologies may be used to collect precise location data when you enable location-based services through your device. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.

Some information about your use of the Service and certain third party services may be collected using tracking technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third party services.

For further information on tracking technologies and your rights and choices regarding them, see “Third Parties” and “Your Rights and Choices” below.

Information Provided Through Third Party Integrations

Certain restricted portions of the Service, including our Practice Viewer portal, allow our customers to integrate and view data from hundreds of third party services ranging from social media platforms to enterprise management services. In order to integrate these third party services, our customers must provide us with their account credentials for such third party services. We integrate these third party services at the direction of our customers, and our customers have the ability to unlink them at any time (as further set forth in “Your Rights and Choices below”). Any information collected through the integrated third party services is processed on behalf of our customers. We do not control what information our customers choose to provide to us through these integrations, and our customers are solely responsible for the use of such exported, shared, or displayed data.

For further information on third party services, please see “Third Parties” below.

Information from Other Sources

We also obtain information from other third party sources. To the extent we combine such third party sourced information with information we have collected about you through the Service, we will treat the combined information in accordance with the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the data. These third party sources vary over time, but have included:

  • Social networks when you reference our Service or grant permission to us to access your data on one or more of these services.
  • Partners with which we offer co-branded services or engage in joint marketing activities.
  • Publicly-available sources such as data in the public domain.

For further information on third party services, please see “Third Parties” below.

Use of Information

We use information we collect in accordance with the practices described in this Privacy Policy, including to:

  • Maintain and develop our Service, including managing our customer accounts.
  • Perform services requested by you, fulfill orders, and process your requests.
  • Communicate with you, including to respond to your comments, questions, and requests, and provide customer service.
  • Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
  • Authenticate Service visits/usage.
  • Prevent and address fraud, breach of policies or terms, and threats or harm.
  • Monitor and analyze trends, usage, and activities.
  • Conduct research, including focus groups and surveys.
  • Improve the Service or other Ackert websites, apps, portals, marketing efforts, products and services.
  • Develop and inform you about our and third party services, products, offers, promotions, rewards, and events.
  • Serve advertising tailored to your interests on third party services.
  • Fulfill any other purpose disclosed to you or with your consent.

Information provided to us by a customer through restricted portions of the Service, including the Practice Pipeline, Practice Boomers, Practice Driver, or Practice Viewer portals, is used only for purposes of providing the applicable services to that customer. Notwithstanding the above, we may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see “Your Rights and Choices” below.

Sharing of Information

We share information in accordance with the practices described in this Privacy Policy, including:

  • With our agents, vendors, and other service providers in connection with their work on our behalf. Service providers assist us with services such as payment processing, data analytics, marketing, promotional services, website hosting, third party integration, and technical support. Service providers are prohibited from using your information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes.
  • With our affiliates and related entities for customer support, marketing, and other internal business purposes.
  • With our customers in connection with processing information on their behalf. For example, if a customer utilizes a third party integration, we share the data provided through the third party integration with that customer. We also share information with our customers in order to allow us and them to comply with applicable law. Further, if a customer has multiple user accounts, the primary account holder may, through their account settings, allow for information to be automatically shared between and among the accounts, and with the customer’s business development managers, Chief Marketing Officer, and business development support staff.
  • With our business partners in connection with offering you co-branded services or engaging in joint marketing activities.
  • In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
  • In response to subpoenas, court orders, or other legal process, to establish or exercise our legal rights, to defend against legal claims, or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
  • When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities, to protect and defend the rights, property, or safety of Ackert, our customers, or others, or in connection with our Terms of Use and other agreements.
  • To fulfill any other purpose disclosed to you or with your consent.

We will not sell or share information provided to us by a customer through the restricted portions of the Service, including the Practice Pipeline, Practice Boomers, Practice Driver, or Practice Viewer portals, for our own or any third party marketing purposes.

Without limiting the foregoing, in our sole discretion, we may share aggregated  information which does not identify you or de-identified information about you with third parties or affiliates for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the section entitled “Your Rights and Choices” below.

Third Parties

Third Party Services

Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties. These third party services may use tracking technologies to independently collect information about you and may solicit information from you. The information collected and stored by third parties, whether through our Service, a third party service, or a third party device, remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We suggest you read the privacy policies on those third party services.

Third Party Integrations

If you are a customer, you can enable third party integrations through certain restricted portions of the Service, including the Practice Viewer portal. In order to integrate these third party services, you must provide us with your account credentials for such third party services. We integrate these third party services at your direction, and you have the ability to unlink them at any time (as further set forth in “Your Rights and Choices below”). We do not control what information you choose to provide to us through these integrations, and you are solely responsible for the use of such exported, shared, or displayed data.

Social Media

We may offer our content on social networks such as a Facebook and Twitter. Any information you provide to us when you engage with our content (such as through our brand page) is treated in accordance with this Privacy Policy. Also, if you publicly reference our Service on a third party service (e.g., by using a hashtag associated with us in a tweet or post or reviewing our services), we may use your reference on or in connection with our Service.

Analytics and Interest-Based Advertising

Our Service contains tracking technologies owned and operated by third parties. For example, we use tracking technologies from third party analytics provides, such as Google Analytics, to help us analyze your use of the Service, compile statistic reports on the Service’s activity, and provide us with other services relating to website activity and internet usage. We also work with ad serving services, advertisers, and other third parties to serve advertisements on third party services. These third parties may use tracking technologies on our websites, emails, and advertisements, and on third party services to track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you on third party services or third party devices after you have left the Service (“Interest-based Advertising”).

We serve ads on and through third party services, such as Facebook and Google, that are targeted to reach people (or people similar to people) who have visited our websites or are identified in one or more of our databases (“Matched Ads”). This is done by us uploading a customer list to the third party service or incorporating a pixel from the third party service on our websites, and the third party service matching common factors between our data and their data. To opt-out of receiving Matched Ads, please contact the applicable third party service. If we use Facebook Custom Audiences to serve Matched Ads on Facebook services, you should be able to hover over the box in the right corner of such Facebook ads and find out how to opt-out. We are not responsible for such third party service’s failure to comply with your opt-out instructions.

For further information on tracking technologies and your rights and choices regarding them, please see “Information We Automatically Collect” above and “Your Rights and Choices” below.

Your Rights and Choices

Account Information

Our customers can access, update, or remove certain information in their accounts at any time by visiting the “My Account” section of the applicable service or by contacting us as set forth in “Contact Us” below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Data subjects in Europe have additional rights as set forth in “Your European Privacy Rights” below.

Tracking Technology Choices

  • Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
  • Mobile apps and Location Data. You can stop all collection of information via an app by uninstalling the app. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can stop all collection of precise location data through an app by uninstalling the app or withdrawing your consent through your device settings.
  • Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Please be aware that if you disable or remove tracking technologies some parts of the Service may not function correctly.

Analytics and Interest-Based Advertising

You can opt-out of your data being used by Google Analytics through cookies by visiting https://tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.

Some of the third parties that collect information from or about you on our websites, emails, and advertisements in order to provide more relevant advertising to you participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members, please visit (i) for website opt-out, http://www.aboutads.info/choices; and (ii) for mobile app opt-out, http://www.aboutads.info/appchoices. In addition, some of these third parties may be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, please visit http://www.networkadvertising.org/choices/. Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. Further, opting-out only means that the selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

Communications

  • You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at the email address set forth in “Contact Us” below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or our ongoing business relations.

 

  • Push Notifications. If you have opted-in to receive push notification on your device, you can opt-out at any time by adjusting the permissions in your device or uninstalling our app.

Third Party Integrations

If you are a customer that has utilized any third party integrations through certain restricted portions of the Service, including the Practice Viewer portal, you can unlink those third party integrations at any time through your account settings or by contacting us as set forth in “Contact Us” below.

Your California Privacy Rights

California Civil Code Section 1798.83 (“Shine the Light”) permits customers of Ackert who are California residents to request and obtain from us once a year, free of charge, information about the personal information as defined by Shine the Light (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve calendar months. If you are a California resident and would like to make such a request, please submit your request in writing to

Ackert Inc.
16200 Ventura Boulevard
Suite 418
Sherman Oaks, CA 91403
Attn: California Privacy Rights

Your European Privacy Rights

Data subjects in Europe have additional rights as set forth in “Additional Disclosures for Data Subjects in Europe” below.

Children

The Service is targeted to adults. We do not knowingly collect information from children. If you are under 18, please do not use the Service or send us any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected information from children, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child, please contact us as set forth in “Contact Us” below.

Data Security

Protecting your information is a shared responsibility, so we encourage our users to keep their passwords and other sensitive information private and secure.  We maintain appropriate administrative, physical, and technical safeguards to help protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. However transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. You hereby acknowledge that we are not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

Data Transfer

We are based in the U.S. and the information we collect is governed by U.S. law.  If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information in the U.S. and other jurisdictions as set forth in this Privacy Policy. If your data is collected in Europe, we will transfer your personal data subject to appropriate safeguards, such as Standard Contractual Clauses.

Data Retention

We retain your information for as long as necessary to fulfill the purposes for which the information was collected, unless a longer retention period is required or permitted by law. For example, we retain your information for business purposes, for as long as your account is active, and as long as is reasonably necessary to provide our customers with services.

Changes to this Privacy Policy

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. If any changes made to this Privacy Policy are material, a notice may be posted on the Service, and you may also be notified by email. Your continued use of the Service after the changes are posted constitutes your agreement to the changes.  If you do not agree to the changes, please discontinue your use of the Service.

Contact Us

If you have questions or comments about this Privacy Policy, our data practices, or our compliance with applicable law, please contact us:

By email: info@ackertinc.com

Through our website contact forms at www.practicepipeline.com/contact, www.practiceboomers.com/contact, www.practicedriver.com/contact, or www.practiceviewer.com

By mail:

Ackert Inc.
16200 Ventura Boulevard
Suite 418
Sherman Oaks, CA 91403
Attention: Privacy Compliance

Additional Disclosures for Data Subjects in Europe

Data Processor

 

Data protection laws in Europe make a distinction between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”).

 

Ackert acts as a controller with respect to personal data collected as you interact with our websites, emails, and advertisements. However, in most instances, Ackert acts a processor on behalf of a customer, a separate legal entity, which is the controller. For example, when you log-in to restricted areas of the Service, the data collected through those areas is processed on behalf of our customers. Please visit the applicable customer’s privacy policy for information about their privacy practices. Any questions that you may have relating to the processing of personal data by Ackert on behalf of the customer and your rights under data protection law should be directed to the customer as the controller, not to Ackert.

Lawful Basis for Processing

Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given your consent to our processing for a specific purpose, either to us or to our service providers, partners, or customers; (b) processing is necessary for the performance of a contract with you or to comply with a legal obligation; or (c) processing is necessary for the purposes of the legitimate interests pursued by Ackert or a third party controller, including our customers, and fundamental rights do not override these interests.

Your Rights

If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Service. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Service. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

You may exercise your rights by submitting a written request to us at the address set forth in “Contact Us” above. We will respond to your request within 30 days. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.

If your personal data has been processed by us on behalf of a customer and you wish to exercise any rights you have with such personal data, please inquire with our customer directly. If you wish to make your request directly to us, please provide the name of our customer on whose behalf we processed your personal data. We will refer your request to that customer, and will support them to the extent required by applicable law in responding to your request.

Complaints

If you would like to submit a complaint about our use of your personal data or response to your requests regarding your personal data, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. We would, however, appreciate the opportunity to address your concerns before you approach a data protection regulator, and would welcome you directing an inquiry first to us at the address set forth in “Contact Us” above.