Privacy Policy

This Performance Culture Privacy Policy regulates the collection, use and disclosure of information collected through its Performance Culture System (“System”). By using this System, you agree to the terms of this Privacy Policy. If you do not agree to these terms, you are prohibited from using this System and should exit immediately. You acknowledge that the Privacy Policy is subject to modification and that your continued use of the site constitutes agreement with the then-current terms of the Privacy Policy. The date of the most recent update can be found at the top of the document.

Performance Culture Inc., a North Carolina corporation (“Performance Culture”) collects information to better serve our customers. When we have a better picture of how people are using our System, we can improve the experience of our users.

The information we gather depends on how the System is used and what portion of the System is being used. For password protected areas, we capture information including the username and the date, time, and/or length of the visit. In other areas, we record information that you affirmatively provide to us.

For general visitors to our website, we use a number of third party service provides, such as Google Analytics, to help analyze how visitors use Performance Culture (“Analytics Companies”). These Analytics Companies use Cookies to collect information such as how often visitors use Performance Culture and what features they use on the Site. We use the information we get from these Analytics Companies to improve our Site and Services. These Analytics Companies collect the IP address assigned to you on the date you visit the Services, rather than your name or other personally identifying information. We do not combine the information generated through the use of our Analytics Companies with your personal information, except for the very limited circumstances described herein.

If you want to be able to receive information from Performance Culture, you may provide your name and contact information to us through the System. By doing so, you consent to receive communications from Performance Culture. However, we will generally only contact you by phone upon your request that we do so. A telephone call may be placed to customers who sign up for a free trial to offer assistance to them and to provide a “live” demonstration, and a confirmation email is delivered to each customer when they request a free trial and when they subscribe to our System. All such confirmation emails will only contain information relevant to the pertinent free trial or subscription and will not include credit card numbers.

We will not sell or rent your information to unaffiliated marketers. Your personal information will only be disclosed to a third party (other than as described herein) upon a merger or reorganization between us and such a third party or as needed to provide technical support or development for the System, or as required to process subscription order transactions with our electronic transaction trade partners such as Stripe which agree to comply with our privacy policies and assist with processing subscription payment transactions.

Our website will occasionally have links to other websites that are not operated by Performance Culture. We are not responsible for the contents of those websites and have no control over what information they may or may not collect from you.

We respect your privacy and the confidentiality of your information. We are committed to protecting all information that you and your employees share with us through using our System and we do so by implementing various security mechanisms as well as internal policies, procedures and guidelines that address our customer’s privacy issues. Our website is SSL secured, and commercially reasonable measures of data protection are utilized to protect our customer’s information and data. However, we cannot guarantee that your information will never be disclosed in a manner inconsistent with this Privacy Policy. You hereby release us from any and all claims related to the use of intercepted information or information which is obtained in an unauthorized manner. Also, please note that Performance Culture cannot be responsible for the actions of third parties who may attempt to capture your information when you transmit it to us over the Internet.

We may disclose your personal information when required to do so by a government agency or a court of law, or when relevant to bringing or defending a legal claim. We may also disclose the information to prevent fraud or enforce the terms of your agreements with Performance Culture, including our Website Terms of Use (incorporated herein by reference) and any Partner or End User License Agreement you enter into with Performance Culture.

We do not knowingly collect any personal information from visitors under the age of 13. If you are a parent and you discover that your child under the age of 13 provided personal information to us, please let us know and we will delete that information from our files.

We may transfer your personal information to our service providers and others located in the United States or elsewhere in the world for the purposes described in this Privacy Policy. Different countries have different privacy laws and requirements, and some, including the United States, provide less legal protection for your personal information than others. Please know, however, that no matter where your personal information is collected, used, transferred or stored, if it was collected through our Systems, it will be governed by and used in accordance with the terms of this Privacy Policy.

This Privacy Policy and any disputes related thereto shall be governed by the laws of the State of North Carolina and you consent to the state and federal courts of North Carolina as the exclusive venues for resolving any conflicts related to this Privacy Policy, without regard to the state’s conflict of law provisions. You agree that any damages resulting from any breach of this Privacy Policy shall be limited to the total value of all subscription fees, if any, you have paid to us for any System made available to you via our Systems.

If you wish to access personally identifiable information that Performance Culture has stored about you, or you have any questions about this Privacy Policy please contact us via mail to:

Performance Culture, Inc.
1900 Eastwood Rd.
Suite 11
Wilmington, NC 28403

Date:  1 September 2016