Effective Date: May 25, 2018, in accordance with General Data Protection Regulation (GDPR)
By providing us with your data, you warrant to us that you are over 13 years of age.
Fascinate, Inc. (DBA How to Fascinate®, and heareafter referred to as How to Fascinate®) is the data controller and we are responsible for your personal data (referred to as “we,” “us” or “our” in this privacy notice).
We have appointed a Data Protection Officer who is in charge of privacy related matters for us. If you have any questions about this privacy notice, please contact the Data Protection Officer using the details set out below.
Our full details are:
How to Fascinate®
Edmund Normand, Data Protection Officer
4551 New Broad Street
Orlando, FL 32814 USA
Our EU Representative is:
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at email@example.com OR by clicking here to update your details in our preference center.
- WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUNDS WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymized data.
We may process the following categories of personal data about you:
- Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting comments submitted on our blog, or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your credit card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
- User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
- Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
- We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
- Assessment Data and Results: If you use our assessment tool while visiting this Site, you will be asked to provide certain information, that includes data about your general behavior. We process this data to generate results based on our proprietary technology. Our lawful ground of processing is for the performance of a request and/or contract to provide you with our assessment tool and process the results of which you are party or in order to take steps at your request to process the assessment tool.
By using our assessment tool, you acknowledge and agree that the content provided by you as well as the conclusions and assessment derived therefrom may be used by us for research, innovation, case studies, and commercial purposes (such as in speeches, articles, books, etc.) at our discretion. Your assessment data may be aggregated for research and comparison purposes. In certain circumstances, the assessment may have been ordered or arranged for by an employer or management consultant for a variety of purposes. In certain circumstances, the assessment may have been ordered or arranged for you by an employer, coach, relative, friend or management consultant (“Assessment Inviter”) for a variety of purposes. In such an event we will share your assessment tool responses and Fascination Advantage assessment or results derived therefrom with the Assessment Inviter. You may revoke the permission for the Assessment Inviter to have access to your assessment tool responses and Fascination Advantage assessment or results derived therefrom in accordance with the section on DISCLOSURES OF YOUR PERSONAL DATA below at any time after notification of such revocation is sent to our Data Protection Officer at the address above. Revocation of access will take place as soon as possible and in no event later than 30 days of our receipt of such notice.
We do not collect Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offenses.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at firstname.lastname@example.org. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.
- HOW WE COLLECT YOUR PERSONAL DATA
We may receive data from third parties such as analytics providers such as Google, advertising networks such as Facebook, search information providers such as Google, providers of technical, payment and delivery services, such as data brokers or aggregators.
We may also receive data from publicly available sources.
If you are invited to use services on any of our Sites by a third party (“Inviter”), such as an employer, friend or family member, they may have provided us with your personal data, such as your name, email address or job title.
- MARKETING COMMUNICATIONS
Our lawful ground of processing your personal data to send you marketing communications is either your consent, our legitimate interests (namely to grow our business), or to fulfill our contractual agreement with your Inviter.
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or OR by emailing us at email@example.com at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations, etc.
- DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
- Service providers who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers
- Government bodies that require us to report processing activities.
- Third parties to whom we sell, transfer, or merge parts of our business or our assets.
- Third parties which have given you access to the Fascination Advantage Assessment or other products or services, hereafter referred to as the “Assessment Inviter.” This includes any invitation to take the Fascination Advantage Assessment via any access method, including code, invitation link, and any paid or free Fascination Advantage Assessment access. Assessment Inviters could include, but are not limited to, any person, employer, conference sponsor, trainer, friend, relative, coach, governmental agency and others, and their employees, agents from which you have received access to the Fascination Advantage assessment or other products or services. The personal information that you, at any time, provide to How To Fascinate® as well as your Assessment data may be shared with the Assessment Inviter(s) from whom you received access to the Fascination Advantage Assessment. To be clear: if you took the Fascination Advantage Assessment upon invitation from somebody or some entity they will be able to see the personal identifying information and you provide to How To Fascinate and by accepting the terms of this policy you agree to our sharing your Assessment data, as well as the Assessment results and conclusions, with the Assessment Inviter.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions. A list of the Subprocessors that we work with can be found here.
- INTERNATIONAL TRANSFERS
We are subject to the provisions of the General Data Protection Regulations to protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:
- We may transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
- If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
- We may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe, or under US-EU and Swiss-US Privacy Shield Principles.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
- DATA SECURITY
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
- DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) after they stop being customers and we will comply with any such current or new tax rules.
In some circumstances we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
- YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about the GDPR rights at:
If you wish to exercise any of the rights set out above, please email us at firstname.lastname@example.org.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
In the event that you request erasure of your personal data your assessment data will be anonymized and will no longer be accessible to you via our site.
- THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
- CHILDREN’S PRIVACY STATEMENT
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.
- Our Site(s) is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen on our Site(s). We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of our Site(s), we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of our Site(s).
- Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
- We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
- Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site’s online activities on providing personally identifiable information.