Privacy Policy

Privacy Policy

Thanks for visiting MERC Performance LLC. Please take a moment to read our privacy policy before continue using our website.

This Privacy Policy describes our policies and procedures on the collection, use, disclosure, and sharing of your personal information when you use this website.

Our collection, use, disclosure, and processing of personal information about individuals will vary depending upon the circumstances. This privacy notice is intended to describe our overall privacy and data protection practices. In some cases, different or additional notices about our data collection and processing practices may be provided and apply to our processing of certain personal information.

SECTION 1 - WHY WE COLLECT YOUR INFORMATION

We use the information, we collect in various ways, including:

  • To Provide, operate, and maintain our website
  • To Improve, personalize, and expand our website
  • To Understand and analyze how you use our website
  • To Develop new services, features, and functionality
  • To Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
  • To Send you emails
  • Find and prevent fraud

SECTION 2 - OUR COLLECTION OF PERSONAL INFORMATION

Generally, we collect your personal information on a voluntary basis. However, if you decline to provide certain personal information that is marked mandatory, you may not be able to access certain Services or we may be unable to fully respond to your inquiry.

Personal information that we collect and process will vary depending upon the circumstances. We collect personal information directly from individuals, automatically related to the use of the Services, for example, some of the ways we collect information are as follows:

Information we collect directly. We collect information that you provide to us, such as, when you provide your contact information, and send other personal information to us.

Your Consent

If you revoke your consent for the processing of Personal Information, then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity.

Your Choices

You may, of course, decline to submit information through our website, in which case we may not be able to provide related services to you.

SECTION 3 - HOW WE USE YOUR PERSONAL INFORMATION

While the purposes for which we may process personal information will vary depending upon the circumstances, in general we use personal information for the purposes set forth below. Where General Data Protection Regulation (GDPR) or other relevant laws apply, we have set forth the legal bases for such processing in parenthesis 

  • Providing support and services: including, for example, to provide services you request (and send related information), operate MERC Performance LLC; to communicate with you about your access to and use of our services; to respond to your inquiries; to provide troubleshooting, fulfill your requests and provide technical support; and for other customer service and support purposes. 
  • Analyzing and improving our business: including to better understand how users access and use MERC Performance LLC, to evaluate and improve our services and business operations, and to develop new features, offerings, and services; to conduct surveys, and other evaluations, such as user satisfaction surveys; and for other research and analytical purposes. 
  • Personalizing content and experiences: including to provide or recommend features, content, social connections, and referrals; tailor content we send or display on MERC Performance LLC; to offer customization and personalized help and instructions; and to otherwise personalize your experiences. 
  • Advertising, marketing and promotional purposes: including to reach you with more relevant ads and to evaluate, measure, and improve the effectiveness of our ad campaigns; to send you newsletters, offers, or other information we think may interest you; to contact you about By Jasma Dominique or information we think may interest you; 
  • Defending our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties. 
  • Complying with legal obligations: including to comply with the law, our legal obligations and legal process, such warrants, subpoenas, court orders, and regulatory or law enforcement requests. 

SECTION 4 - DISCLOSURE OF PERSONAL INFORMATION

We may disclose the personal information that we collect about you as set forth below or as otherwise described at the time of collection or sharing.

  • Service providers: We may disclose personal information with third-party service providers who use this information to perform services for us, such as hosting providers, instructors, advisors, consultants, and customer service and support providers.
  • Business transfers: We may disclose or transfer personal information as part of any actual or contemplated merger, sale, and transfer of our assets, acquisition, financing or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.
  • Legally required: We may disclose personal information if we are required to do so by law (e.g., to law enforcement, courts or others, e.g., in response to a subpoena or court order).
  • Protect our rights: We may disclose personal information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and to protect the rights, property, or safety of us, our clients and customers or others.

SECTION 5 - COOKIES

Cookies are small text files that a website transfers to your hard drive to store and sometimes collect information about your usage of websites, such as time spent on the websites, pages visited, language preferences, and other anonymous traffic data.

If you have disabled one or more cookies, we may still use information collected from cookies before your disabled preference was set. However, we will stop using the disabled cookie to collect any further information.

SECTION 6 - LOG FILES

Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version and internet browser type and version. This information is gathered automatically and stored in log files.

SECTION 7 - THIRD PARTY ANALYTICS TOOLS

Our website may use automated devices and applications operated by third parties, such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the website and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. 

Analytics Tools uses performance cookies to track user’s interactions. For example, by using cookies, they can tell us which pages our users view, which are most popular, what time of day our website is visited, whether visitors have been to our website before, what website referred the visitor to our website, and other similar information. All of this information is anonymized.

SECTION 8- SECURITY

We use technical, administrative, and physical controls in place to help protect Personal information from unauthorized access, use, and disclosure. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable.

SECTION 9- DO NOT SELL MY DATA

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent.

SECTION 10- DATA RETENTION

We will retain your personal information for the period necessary to fulfill the purposes outlined in this privacy notice unless a longer retention period is required or permitted by law. 

SECTION 11- CCPA PRIVACY RIGHTS

Under the CCPA, among other rights, California consumers have the right to:

Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.

 

  • Request that a business deletes any personal data about the consumer that a business has collected.
  • Request that a business that sells a consumer's personal data, not sell the consumer's personal data.

 

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

 

SECTION 12- GDPR Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every European user is entitled to the following:

 

  • Right to access

If you can prove your identity, you have the right to obtain information about the processing of your data. Thus, you have the right to know the purposes of the processing, the categories of data concerned, the categories of recipients to whom the data are transmitted, the criteria used to determine the data retention period, and the rights that you can exercise on your data.

  • Right to rectification of your personal data

Inaccurate or incomplete personal data may be corrected.

  • Right to erasure (or “right to be forgotten”)

You also have the right to obtain the erasure of your personal data under the following assumptions:

  • Your personal data are no longer necessary for the intended purposes;
  • You withdraw your consent to the processing and there is no other legal ground for processing;
  • You have validly exercised your right of opposition;
  • Your data has been illegally processed;
  • Your data must be deleted to comply with a legal obligation.

The deletion of data is mainly related to visibility; it is possible that the deleted data are still temporarily stored.

  • Right to limitation of processing

In certain cases, you have the right to request the limitation of the processing of your personal data, especially in case of dispute as to the accuracy of the data, if the data are necessary in the context of legal proceedings or the time required to verify that you can validly exercise your right to erasure.

  • Right to object

You have the right to object at any time to the processing of your personal data for direct marketing purposes. We will stop processing your personal data unless it can demonstrate that there are compelling legitimate reasons for the processing which prevail over your right to object.

  • Right to data portability

You have the right to obtain any personal data which you have provided us in a structured, commonly used and machine-readable format. You are then free to transfer this data to a similar service provider.

  • Right to withdraw your consent

You may withdraw your consent to the processing of your personal data at any time, for example for personalized marketing communication purposes.

SECTION 13- HOW WE PROTECT YOUR INFORMATION

Our security measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.

SECTION 14- LOCATION OF SITE 

Our Website is hosted on Namecheap and is operated by MERC Performance LLC in United States and all our website information is stored in Cloud VPS Servers in Phoenix, Arizona, United States. If you are located in the European Union, please be aware that any information you provide to us will be transferred to and stored on this server. By using our Site, participating in any of our services and/or providing us with your information, you consent to this transfer.

SECTION 15- THIRD-PARTY WEBSITES

The Services may contain links to third-party services. We do not own, operate, or control the websites of third-parties, including those of independently owned and operated franchisees. Accordingly, this Policy does not apply to any services maintained or operated by third-parties. When you click on those links, you will go to a third-party website where you will be subject to that service’s privacy policy or similar statement and terms of use, and we encourage you to read that policy statement. We are not responsible for the privacy practices of other services, and we expressly disclaim any liability for their actions, including actions related to the use and disclosure of personal information by those third parties.

SECTION 16- CHANGES TO THIS POLICY

We may amend this Policy at any time. If we make any material change in how we collect, use, disclose, or otherwise process personal information, we will prominently post a notice regarding such change on the Services. Where required to do so by law, we may seek your prior consent to any material changes we make to this Policy.

SECTION 17- YOUR DATA CONTROLLER

If you have any questions or concerns about this Policy, please contact us using the following contact information:

MERC Performance

info@mercperformance.com