Privacy Policy

PRIVACY POLICY

At Jessica Zweig, Inc. DBA SimplyBe. Agency (“SimplyBe.”, “Company”, “we”, “our” or “us”), we believe in being clear and open about how we collect data related to you when you visit our websites at https://www.simplybeagency.com, https://www.jessicazweig.com and https://simplybeagency.myshopify.com (the “Sites”), use our products and/or services, interact with SimplyBe. online advertisements or marketing emails, or engage with any other websites, pages, features, courses or content we own, operate and/or provide (collectively with the Sites, the “Services”).

This Privacy Notice (“Privacy Notice”) is designed to help you understand how we collect, use, share and safeguard the information you provide to us and to assist you in making informed decisions when using our Services.

By accepting our Privacy Notice, you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Notice. The Services are intended for companies located in the United States only, and you hereby expressly acknowledge and agree that if you are accessing and/or using the Services that you reside in the United States and will only access and/or use the Services in the United States.

Types of Data We Collect

We collect “Non-Personal Information” and “Personal Information” and the information we collect from you depends on how you use the Services. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. This includes:

Children’s Online Privacy Protection Act

Our Services are not designed for children under 13, and we do not intentionally or knowingly collect Personal Information from users who are under the age of 13 or from other websites or services directed at children. If we discover that a child under 13 has provided us with Personal Information, we will delete such information.

Information You Provide to Us

• We may collect Personal Information from you, such as your first and last name, email and mailing address, phone, and password when you create an account to log in to the Services (“Account”).

• When you engage us to provide Services, our payment processor will collect all information necessary to complete the transaction, including your name, credit card information, billing information, and direct deposit information.

• We retain information on your behalf, such as files and messages that you store using your Account.

• If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.

• When you participate in one of our surveys, we may collect additional information that you knowingly provide.

• When you post messages on the Services or on a Social Media Site (“SMS”) where we have a page or presence (collectively “SMS Pages”), the information contained in your posting may be republished on our

• Site and other users may be able to see them.

• We will maintain the information you send via email in accordance with applicable federal law.

• In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

Information Collected via Technology

• In an effort to improve the quality of the Services, we reserve the right to track information provided to us by your browser or by our software application when you view or use the Services, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Services, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our Services, both on an individual and aggregate basis. Please review the Cookie Policy for more information.

• We may also use third party analytics services such as Active Campaign and Google Analytics to collect information about how you use and interact with our Services. Such third-party analytics services may use cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and which website referred you to the Site.

• We reserve the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. We reserve the right to use these pixels in compliance with the policies of the various social media sites.

• Some content or applications, including advertisements, on the Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used and we are not liable for any third party providers, acts or omissions. If you have any questions about an advertisement or other targeted content, you should contact the third party provider directly.

Use of Your Personal Information

In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:

• to facilitate the creation of and secure your Account;

• to identify you as a user in our system;

• to provide improved administration of the Services;

• to provide the Services you request;

• to improve the quality of experience when you interact with the Services;

• to send you a welcome email to verify ownership of the email address provided when your Account was created;

• to send you administrative email notifications, such as security or support and maintenance advisories;

• to respond to your inquiries related to employment opportunities or other requests;

• to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes including those of third parties;

• to perform marketing or data analysis;

• to comply with legal obligations, as part of our general business operations, and for other business administration purposes; and where we believe necessary to investigate, prevent or act regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of this Privacy Notice.

Use of Non-Personal Information

In general, we use Non-Personal Information to help us improve the Services and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Services. This Privacy Notice does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

How We Share Your Personal Information

As a general rule, we do not sell, rent, lease or otherwise transfer any information collected either automatically or through your voluntary action. We may disclose your Personal Information as described below and as described elsewhere in this Privacy Notice.

Third Party Service Providers. We may share your Personal Information with third party service providers to provide you with the Services that we offer you; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of Accounts; to provide technical support; and/or to provide future services to you. The third party service providers we are engaged with to provide the Services include without limitation ‘Shopify’ (https://www.shopify.com/) (“Shopify”), ‘Active Campaign’ (https://www.activecampaign.com) (“Active Campaign”) and ‘Thinkific’ (https://www.thinkific.com/) (“Thinkific”) and the terms and policies are set forth on such third party’s website.

Process Payments. We transmit your Personal Information via an encrypted connection to our payment processor. To learn more about the payment processor we use and their policies related to privacy, learn more at https://www.shopify.com/payments.

Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your Personal Information with lenders, auditors, attorneys and consultants.

Other Disclosures. Regardless of any choices you make regarding your Personal Information (as described below), we may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on us; (c) to protect or defend our rights or property, or the rights or property of users of the Services; (d) to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person and/or (e) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Notice, or the Terms and Conditions or the Master Services Agreement, as applicable.

Links to Third Party Websites and Third Party Providers

As part of the Services, we may provide links to or compatibility with other websites or applications; however, we are not responsible for the privacy practices employed by those websites or the information or content they contain nor are we liable for third party products, services, acts and/or omissions. This Privacy Notice applies solely to information collected by us in relation to the Services and your use of the Services. Therefore, this Privacy Notice does not apply to your use of a third party website accessed by selecting a link on our Site or via the Services. To the extent that you access or use the Services through or on another website or application, then the privacy policy of that other website or application will apply to such access and/or use. We encourage our users to read the privacy statements of other websites before proceeding to use them.  Third party providers that we may use to provide the Services include, without limitation, Shopify’ (https://www.shopify.com/), ‘Active Campaign’ (https://www.activecampaign.com) and ‘Thinkific’ (https://www.thinkific.com/), and such third party provider terms, conditions and notices shall apply to the extent such third party providers have access to Personal Information.

Your Rights Regarding the Use of Your Personal Information

We may send periodic promotional emails to you. You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional email. If applicable, you can also indicate that you do not wish to receive marketing communications from us in the “Notifications” section of your Account. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Notification section of your Account, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Notice. You may unsubscribe to promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process unsubscribe requests. If you unsubscribe from receiving promotional emails, we may still send you emails about your account or any Services.

Your Rights and Choices

• Right to Know. You have the right to request disclosure about our Personal Information collection practices during the prior 12 months, including the categories of Personal Information we collected, the sources of the information, our business purposes for collecting or sharing the information and the categories of third parties with whom we shared such information. You may request a copy of the specific pieces of

• Personal Information we may have collected about you in the last 12 months.

• Right to Delete. You may request that we delete (and direct our service providers to delete) your Personal Information, subject to certain exceptions.

• Right to Opt-Out. You have the right to opt-out of any ‘sales’ of your Personal Information, if a business is selling your information.

• Non-Discrimination. You have the right to not be discriminated against for exercising these rights.

You can make the following choices regarding your Personal Information:

1. Access To Your Personal Information. You may request access to your Personal Information by contacting us at the address below. If required by law, upon request, we will grant you reasonable access to the Personal Information that we have about you. We will provide this information in a portable format, if required. Note that California residents may be entitled to ask us for a notice describing what categories of Personal Information (if any) we share with third parties or affiliates for direct marketing.

2. Changes To Your Personal Information. We rely on you to update and correct your Personal Information. Please contact us at the address below immediately if there are any changes to your Personal Information. Note that we may keep historical information in our backup files as permitted by law.

3. Deletion Of Your Personal Information. Typically, we 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, or as otherwise described in this Privacy Notice. You may, however, request information about how long we keep a specific type of information, or request that we delete your Personal Information by contacting us at the address below. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.

4. Objection to Certain Processing. You may object to our use or disclosure of your Personal Information by contacting us at the address below.

5. Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include ‘Do Not Track’ instructions.

6. Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you Service-related communications.

7. Revocation Of 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. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address below.

Security of Your Personal Information

We implement security measures designed to protect your information from unauthorized access, alteration, disclosure and/or destruction. Because the internet is not a completely secure environment, we cannot warrant the security of any information a user transmits to us or guarantee that information on the Services may not be accessed, disclosed, altered, and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. Any account you have on our Site is protected by your account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures; however, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. While we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security. By using the Services, you acknowledge that you understand and agree to assume these risks and acknowledge and agree that SimplyBe. has no liability related thereto.

How we Retain Your Personal Information

We will retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. The precise periods for which we keep your Personal Information vary depending on the nature of the information and why we need it. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use and/or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with a user) for research or statistical purposes in which case we may use this information indefinitely without further notice. We may retain information (including without limitation your personally identifiable information) for a commercially reasonable time for backup, archival, audit purposes, and/or to comply with legal obligations, resolve disputes and enforce agreements. In some cases, if you choose not to provide us with requested information, you may not be able to use the Services. You can request further details of retention periods for different aspects of your Personal Information by contacting us. Please note that in the course of providing the Services, we collect and maintain aggregated, anonymized, or de-personalized information which we may retain indefinitely.

Accessibility

If you are visually impaired, you may access this Privacy Notice through your browser’s audio reader.

Changes to This Privacy Notice

We reserve the right to change this Privacy Notice and the Course Terms and Conditions located at https://www.simplybeagency.com/course-terms-and-conditions (“Terms and Conditions”) or the Master Services Agreement you entered into with SimplyBe. from time to time. We may notify you of significant changes to this Privacy Notice by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Site. Significant changes will go into effect thirty (30) days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this Privacy Notice for updates.

Other Jurisdictions

SimplyBe. is located in the United States.  The Services are hosted in, provided from the United States, and intended for those that reside in the United States.  Personal information that you submit through the Services may be transferred outside of the jurisdiction in which you live.  We also store Personal Information locally on the devices you use to access the Services. Your Personal Information may be transferred to other jurisdictions that do not have the same data protection laws as the jurisdiction in which you initially provided the information. The following provisions may apply to you depending on where you are located.

Nevada. 

This notice is provided to you pursuant to state law. Nevada state privacy laws permit us to make marketing calls to existing customers, but if you prefer not to receive marketing calls, you may be placed on our internal opt-out list by emailing us at [email protected] or you may also contact the Nevada Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Ste 3900, Las Vegas, NV 89101; telephone 702-486-3132; email: [email protected].

Vermont.

In accordance with Vermont law, we will not share information we collect about you with companies outside of ours except as described herein, otherwise required or permitted by law.

Virginia.

This Section is only applicable to you if you are a resident of the state of Virginia (“Virginia Residents”). If you have a complaint, first contact us at [email protected]. We will respond within 45 days after receipt of your request, and such time may be extended for an additional 45 days if it is reasonably necessary. We will notify you of any extension within the initial 45-day period. If you are not satisfied with our responses, you have the right to appeal. We will respond within 60 days after our receipt of your appeal. If you still have an unresolved complaint, please direct your complaint to the Virginia Attorney General at [email protected] or call (804)786-2071.

California.

This Section is only applicable to you if you are a resident of the state of California (“California Residents”) and only applies to Personal Information for which Company is a “Business” (as defined in the California Consumer Privacy Act (“CCPA”), but does not apply to Personal Information we collect from you in the course of our provision of services to you where you are an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, non-profit or government agency. It applies to Personal Information we collect from California Residents on or through our Services and through other means (such as information collected offline or in person). Rights and Choices. Under the CCPA and subject to certain limitations and exceptions, if you are a California resident, you may have certain rights with respect to information we have collected about you that constitutes Personal Information under the CCPA as set forth herein. This Privacy Notice describes the Personal Information we collect about you. We collect this information for the purposes described herein and we share this information as described herein. Company uses cookies as described in our Cookie Policy. Exercising Your Rights. If you’re a California resident and desire to exercise your data protection rights, please contact us at [email protected]. You may be required to provide additional information necessary to confirm your identity before we can respond to your request, and we will use that information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be. We will acknowledge receipt of your request within 10 days from receipt of such request and will endeavor to respond within 45 days after receipt of your request, but if we require more time (up to an additional 45 days) we will notify you of our need for additional time. For requests that we not sell your information we will comply with your request within 15 days after receipt of such request. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity and confirm that the Personal Information relates to you. You may make a request for disclosure of our information collection practices, the information we collected about you, or our sharing practices up to twice within a 12-month period. You may make a request that we not sell information or for deletion of your information at any time. For requests for a copy of the Personal Information we have collected during the 12 months prior to your request we will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us. For requests for deletion of your information, please understand that California law permits us to retain certain information and not to delete it under certain circumstances. By way of example, we are not required to comply with a request to delete information if (1) the information is necessary for us to (a) complete a transaction for you or otherwise perform a contract; or (b) detect, protect against, or prosecute security incidents, fraud or illegal activity; (2) we use the information only internally in ways reasonably aligned with your expectations as our customer, and (3) we are required to retain the information to comply with legal obligations. If we receive such a request from you, we will notify any service providers we have engaged and provided your information to delete your information as well. Selling Information. We do not sell your information for monetary consideration, and we do not disclose your information for other valuable consideration. If, in the future, we enter into arrangements that fall within the definition of a ‘sale’ under the CCPA, we will update this Privacy Notice. Using an Authorized Agent. You may submit a request through someone holding a formal ‘Power of Attorney’. Otherwise, you may submit a request using an authorized agent only if (1) the person is registered with the Secretary of State to do business in California, (2) you provide the authorized agent with signed written permission to make a request, (3) you verify directly with us that you have authorized the person to make the request on your behalf, (4) you verify your own identity directly with us, and (5) your agent provides us with proof that they are so authorized. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf. Categories of Information Collected. During the past 12 months we may have collected the following categories of information about California residents from the listed sources, used it for the listed business purposes and shared it with the listed categories of third parties. This includes information about Site visitors, customers that have enrolled in courses, employees, vendors, suppliers, and any other person interacting with us either online or offline. Not all information is collected about individuals. For instance, we may collect different information from applicants for employment than from customers. Please see more information below: