Terms of Service

Welcome to BizMstr.com. We look forward to helping You grow Your on-line sales beyond anything You have done before, so You can take Your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a BizMstr.com User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.

  1. Definitions
  2. “BizMstr.com” is a trademark of Portside Marketing, LLC, and also refers to proprietary Portside Marketing, LLC software used to create Internet sales funnels.
  3. “Portside Marketing” means Portside Marketing, LLC, the owner of the BizMstr.com and other trademarks. In this Agreement, references to “Portside Marketing” as a Party mean and refer to Portside Marketing, LLC, and Portside Marketing, LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
  4. “Parties” mean Portside Marketing and You. Portside Marketing and You are each a “Party.”
  5. “Terms” mean and refer to the Terms and Conditions set forth herein.
  6. “User” refers to a person who has created a BizMstr.com Account. “User Account” refers to a User’s BizMstr.com Account.
  7. “You” and “Your” means the BizMstr.com User who has executed this Agreement by clicking “I Agree.”
  8. Becoming a BizMstr.com User

By clicking “I Agree” to these Terms, transferring payment to Portside Marketing, and creating a User Account, You become a BizMstr.com User. There are various products and services available to Users, and monthly or yearly prices applicable to such products and services. Portside Marketing’s products, services, and prices are posted https://www.bizmstr.com.com/, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted, By clicking “I Agree” and providing Portside Marketing Your credit card information You authorize Portside Marketing to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By Your continued use of Portside Marketing services, and unless You terminate this agreement as provided herein, You agree that Portside Marketing may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.

III. Term and Termination

Your User contract with Portside Marketing begins when You click “I Agree,” and will continue month-to-month until either:

  1. Portside Marketing cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to Portside Marketing.

OR

  1. You provide Portside Marketing ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to Portside Marketing.

OR

  1. Your credit card or Portside Marketing’s charge is denied for any reason and You do not provide Portside Marketing a new credit card within ten (10) days.
  2. REFUNDS FOR “HARD GOODS”

If You have purchased a “hard good” (for example, a book, templates, processes, documents, or other tangible product) from Portside Marketing sold under any of its brands or related brands, including without limitation BizMstr.com or TrophyClients.com, you may receive a limited refund if you comply with the following conditions:

  1. You must request a refund in writing by contacting support@portsidemarketing.com;
  2. Your request for a refund must be made within thirty (30) days of your purchase;
  3. You must return the hard goods to Portside Marketing immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
  4. The hard goods must be returned to Portside Marketing in like-new, or re-sellable condition, as determined in Portside Marketing’s sole, reasonable discretion.
  5. No License to use Portside Marketing Marks

Any content on any Portside Marketing website may constitute the intellectual property of Portside Marketing. Except where expressly authorized, no material on any Portside Marketing website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The BIZMSTR.COM trademark and logo are proprietary marks of Portside Marketing, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Portside Marketing or any of Portside Marketing’s affiliates.

  1. Indemnity.

You agree to protect, defend, indemnify and hold harmless Portside Marketing, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Portside Marketing for liability for payments for, damages caused by, or other liability relating to, You.

VII. No Warranty; No Leads.

Portside Marketing does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Portside Marketing will not at any time provide sales leads or referrals to You. Additionally, PORTSIDE MARKETING’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PORTSIDE MARKETING MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY PORTSIDE MARKETING WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. PORTSIDE MARKETING MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY PORTSIDE MARKETING WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY PORTSIDE MARKETING WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY PORTSIDE MARKETING’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY PORTSIDE MARKETING’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Portside Marketing websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any Portside Marketing website and these Terms, these Terms shall control.

VIII. Limitation of Liability.

YOU AGREE THAT IN NO EVENT SHALL PORTSIDE MARKETING’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO PORTSIDE MARKETING FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST PORTSIDE MARKETING OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

  1. Force Majeure.

Portside Marketing will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Portside Marketing. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Portside Marketing shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

  1. Assignment of Rights.

Portside Marketing may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Portside Marketing’s or its assigns express written consent.

  1. Information; Registration; User Names and Passwords

As a BizMstr.com User, You will be required to create an account with Portside Marketing. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your BizMstr.com User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. So called “agency accounts,” or accounts in which You host funnels for third parties, are prohibited. Should Your usage data indicate, in Portside Marketing’s reasonable opinion, that You are operating an “agency account,” i.e., hosting funnels for one or more third parties, You will be subject to cancellation of Your BizMstr.com User Account or enhanced pricing for Your BizMstr.com account, at Portside Marketing’s discretion. You are fully responsible for all transactions with, and information conveyed to, Portside Marketing under Your User Account. You agree to immediately notify Portside Marketing of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that Portside Marketing is not liable, and You will hold Portside Marketing harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

XII. Release/Authorization to Use Photographs.

You grant Portside Marketing permission to use any and all photographs taken by Portside Marketing or its agents or employees, or submitted by You to Portside Marketing as well as all written endorsements of BizMstr.com that you send to us, or that you post on social media (photographs, social media posts, and messages sent to BizMstr.com are hereinafter referred to as “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Portside Marketing or any product or service sold and marketed by Portside Marketing. You agree that this authorization to use Photographs may be assigned by Portside Marketing to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Portside Marketing’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Portside Marketing in exchange for this Release and Assignment. You hereby release and forever discharge Portside Marketing from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

XIII. Prohibited Activity.

Portside Marketing has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:

  1. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Portside Marketing’s or their subsequent products reputation; and the violation of the rights of Portside Marketing or any third party.
  2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Portside Marketing’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
  3. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs (including but not limited to Marijuana derived CBD Oil), or that violates the intellectual property rights of another.

XIV. Message Sending Policy and Best Practices.

Portside Marketing requires You to follow these best practices when sending electronic communications using our services:

  • Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
  • Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from Your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
  • Comply with all requests from recipients to be removed from Your mailing list within the earlier of 10 days of receipt of the request, or the deadline under applicable law.
  • Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not You control the sending of the electronic communications, and include a link to such privacy policy in Your electronic communications..
  • Include in each electronic communications a link to your then-current privacy policy applicable to that electronic communication.
  • Include in each electronic communication Your valid physical mailing address or a link to that information.
  • Do not send electronic communications to addresses obtained from purchased or rented lists.
  • Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
  • Do not routinely send electronic communications to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).
  • Do not send electronic communications that result in an unacceptable number of spam or similar complaints (even if the electronic communications themselves are not actually spam).
  • Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
  • Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
  • Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
  • Do not send to lists of addresses that are programmatically generated or scraped from the Web.
  • Do not employ sending practices, or have overall message delivery rates, which negative impact our services or other users of our services.
  • Do not use our services to send messages that may be considered junk mail.  Some examples of this type of messages include messaging related to: penny stocks, gambling, multi-level marketing, direct to consumer pharmaceutical sales, payday loans, etc.

COMPLIANCE WITH LAW.  Your use of our services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you, us, and any recipient to whom you use our services to send Digital Messages (“Applicable Law”).  You have the responsibility to be aware of and understand all Applicable Laws and ensure that you and all Users of your Account comply at all times with Applicable Law.  Some examples of Applicable Laws include: the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. Commitment Against Harassment and Interference with Others.  You must not use our services to: Store, distribute or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or Commit (or promote, aid or abet) any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive.  Examples may include Digital Messages that are themselves are or promote racism, homophobia, or other hate speech.

SENSITIVE INFORMATION.  You will not import, or incorporate into, any contact lists or other content You upload to any website, software, or other electronic service hosted or provided by Portside Marketing, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

  1. Contact

If You have any questions or complaints concerning any of the Terms, You may contact Portside Marketing by e-mail at support@portsidemarketing.com, or by regular mail at 1011 Surrey Lane, Bldg 200, Flower Mound, Texas 75022.

XVI. Digital Millennium Copyright Act

If You believe that materials or content available on any Portside Marketing website infringes any copyright You own, You or Your agent may send Portside Marketing a notice requesting that Portside Marketing remove the materials or content from the Portside Marketing website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Portside Marketing a counter-notice. Notices and counter-notices should be sent to Portside Marketing, Attention Legal Department, at 1011 Surrey Lane, Bldg 200, Flower Mound, Texas 75022.

XVII. Arbitration, Governing Law, and Attorneys’ Fees.

  1. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Portside Marketing including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against Portside Marketing or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Portside Marketing. In the event that You and Portside Marketing are unable to reach agreement on an Arbitrator, You and Portside Marketing will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Denton County, Texas. The arbitrators selected by You and Portside Marketing will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Portside Marketing and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
  2. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
  3. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Portside Marketing to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Portside Marketing may not be joined or consolidated with claims brought by anyone else.
  4. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
  5. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Portside Marketing from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Portside Marketing’s rights prior to, during, or following any arbitration proceeding.
  6. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Portside Marketing commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

XVIII. Changes to Terms

Portside Marketing reserves the right to change these Terms, in whole or in part, from time to time at Portside Marketing’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.BizMstr.com.com/terms. By Your continued use of Portside Marketing’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.

XIX. Severability

If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

  1. Waiver.

No waiver by Portside Marketing of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

XXI. Heading.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

XXII. Notice.

Any notice required to be given to Portside Marketing under or related to these Terms must be in writing, addressed as follows:

Portside Marketing, LLC

1011 Surrey Lane, Bldg 200

Flower Mound, Texas 75022

General Support and Inquiries: support@portsidemarketing.com

Compliance: support@portsidemarketing.com

Spam or Abuse: support@portsidemarketing.com

Affiliates: support@portsidemarketing.com

Notices to You may be made by posting a notice (or a link to a notice) on https://www.BizMstr.com.com/terms, by e-mail, or by regular mail, at Portside Marketing’s discretion.

XXIV. Data Privacy Shield – GDPR

  1. Collection and Use of Personal Information. Portside Marketing, LLC (also referred to herein as “Portside Marketing”) may collect personal information from You. Personal information is information relating to an identifiable person who can, by virtue of such information, be directly or indirectly identified. You may be asked to provide Your personal information anytime You are in contact with Portside Marketing or a Portside Marketing affiliated company. Portside Marketing and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if You chose not to do so, in many cases we will not be able to provide You with our products or services or respond to any queries You may have.

 

  1. What personal information we collect
  • When You create a Portside Marketing User Account, purchase a product, download a software update, or contact us, we collect a variety of information, including Your name, mailing address, phone number, e-mail address, and contact preferences. When payment, or payment information, is required, we will direct You to submit credit card information through a third-party such as Stripe.
  •  When You, as a Portside Marketing Account Holder, acquire information regarding Your customers and then upload that information to Portside Marketing, Portside Marketing will store whatever personal information regarding Your customers that You have uploaded on Portside Marketing production servers.

III. How we use Your personal information.

  •  The personal information we collect allows us to keep You posted on Portside Marketing’ latest product announcements, software updates, and upcoming events. If You don’t want to be on our mailing list, You can opt out anytime by navigating to the unsubscribe link in the last e-mail You received from Portside Marketing. You will have the option to unsubscribe from an individual list, or from all Portside Marketing lists.
  •  We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
  •  We may use Your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of Portside Marketing Account holders.
  •  From time to time, we may use Your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to Your interaction with Portside Marketing, You may not opt out of receiving these communications.
  •  We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Portside Marketing’ products, services, and customer communications.
  1. Collection and Use of Non-Personal Information. We also collect data in a form that does not identify any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
  •  We may collect information such as business, language, zip code, area code, unique device identifier, referrer URL, and the time zone where a Portside Marketing product is used so that we can better understand customer behavior and improve our products, services, and advertising.
  •  We may collect information regarding customer activities on any of our websites. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is non personal information.
  •  We may collect and store details of how You use our services. This information may be used to improve the relevancy of results provided by our services.
  1. Cookies and Other Technologies. Portside Marketing’ websites, e-mail messages, and advertisements may use “cookies” and other technologies such as tracking, re-marketing tags, and pixels based on context, e.g., a search query, a channel You are reading, or inferred interests. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non personal information. We design and target advertising based on how You interact with Portside Marketing. If You do not wish to receive ads targeted to Your interests from Portside Marketing’, You can choose to limit ad tracking, which will opt Your Portside Marketing ID out of receiving such ads regardless of what device You are using. You may still see ads based on context like a search query or a channel You are reading. Portside Marketing and our partners also use cookies and other technologies to remember how You use our website and software. Our goal in these cases is to make Your experience with Portside Marketing more convenient and personal, and provide You better customer service. To limit ad tracking, you may opt-out by clicking on this tool for (USA) or this tool for (EU) both of which are not directly Portside Marketing-affiliated. You may also use Your browser’s settings to disable cookies and other tracking tools. Please note that certain features of the Portside Marketing website will not be available once cookies are disabled.

 

We gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. Portside Marketing may use this information in our marketing and advertising services.

 

In some cases we use a “click-through URL” linked to content on the Portside Marketing website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our marketing communications. We also use it to account for Affiliate activity and pay Affiliate commissions and bonuses.

  1. Disclosure to Third Parties. At times Portside Marketing may make certain personal information available to strategic partners that work with Portside Marketing to provide products and services, or that help Portside Marketing market to customers. Personal information will only be shared by Portside Marketing to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
  •  Affiliates. Portside Marketing will provide Your email address to affiliates or users who refer You to us, or through whom You create a Portside Marketing account.
  •  Service Providers. Portside Marketing shares personal information with companies who provide services such as information processing, fulfilling customer orders, delivering products to You, managing and enhancing customer data, providing customer service, and assessing Your interest in our products and services. Portside Marketing also shares Your information with financial institutions who provide payment (both to and from You) services. Finally, Portside Marketing provides Your personal information with API integrators You have chosen, and other third party software services to assist You with Your sales funnels when You so direct us. These companies are obligated to protect Your information and may be located wherever Portside Marketing operates.
  •  Legal. It may be necessary − by law, litigation, or requests from government authorities within or outside Your country of residence − for Portside Marketing to disclose Your personal information. We may also disclose information about You if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about You if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
  •  Corporate Change. Additionally, in the event of a reorganization, merger, or sale of Portside Marketing we may transfer any and all personal information we collect to the relevant third party.

VII. Protection of Personal Information. Portside Marketing takes the security of Your personal information very seriously. When Your personal data is stored by Portside Marketing, we use computer systems with limited access housed in facilities using physical security measures. When You use some Portside Marketing products and services that by their nature are public facing, such as when You post on a Portside Marketing forum, the personal information and content You share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information You choose to share or submit in these instances. For example, if You list Your name and e-mail address in a forum posting, that information is public. Please take care when using these features.

VIII. Retention of Personal Information. Portside Marketing will retain Your personal information for as long as You have a Portside Marketing account. After Your Portside Marketing account is terminated, we will retain Your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

  1. Access to Personal Information. You can help ensure that Your contact information and preferences are accurate, complete, and up to date by logging in to Your account. For other personal information we hold, we will provide You with access (including a copy) upon Your request. We may decline to process requests that are frivolous, vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by contacting support@Portside Marketing.com.
  2. Children & Education. We understand the importance of taking extra precautions to protect the privacy and safety of children using Portside Marketing products and services. Children under the age of 18, are not permitted to create their own Portside Marketing IDs; instead, a parent must obtain the account and provide the parent’s information to Portside Marketing. If we learn that we have collected the personal information of a child under 18 we will delete the information as soon as possible.
  3. Third Party Sites and Services. Portside Marketing websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties is governed by their privacy practices. We encourage You to learn about the privacy practices of those third parties.

XII. Your Rights Under the GDPR. If You are a citizen or a resident of a country in the European Union, the GDPR grants You the following rights:

  1. Access to Your Personal Data. You have the right to receive a copy of Your personal data that is subject to processing by Portside Marketing. Ordinary requests will be granted without charge to You within one calendar month of when You make the request. In cases of excessive, unreasonable, or repeated requests Portside Marketing may charge You a reasonable fee and may require additional time to grant Your request. Also, Portside Marketing may use reasonable means to confirm Your identity before granting any request for data so as to prevent granting fraudulent requests. To request a copy of Your personal data, please contact us by e-mail at support@Portside Marketing.com.

 

  1. To have Your Data Corrected. If Your personal data is erroneous or outdated, You have the right to have it corrected. To do so, please contact Portside Marketing via e-mail at support@Portside Marketing.com, or simply log in to Your account.

 

  1. To be Forgotten. You have the right to be forgotten by Portside Marketing. You may exercise this right by e-mailing us at support@Portside Marketing.com. We will comply with Your request, at no charge to You, within one calendar month by deleting Your account, along with all of Your personally-identifiable data that is subject to any Portside Marketing processing. Naturally, after we grant Your request You will not have access to any Portside Marketing products or services unless and until You open a new Portside Marketing account. Portside Marketing may use reasonable means to confirm Your identity before granting any request for data so as to prevent the granting of fraudulent requests.

 

  1. To Restrict Processing of Your Data. You can request that Your data not be processed via Portside Marketing partners. You can make that request by e-mailing us at support@Portside Marketing.com and, if you wish, you can even specify which third parties to restrict from processing Your data. We will respond to Your request, at no charge to You, within thirty (30) days from when You make Your request. Please be advised that some of our partners, e.g., Stripe, are essential to Portside Marketing services, so that if You block processing by them, Portside Marketing’ services may be unavailable to You.

 

  1. Portability. You have the right to receive a copy of Your personal data that is subject to processing by Portside Marketing in a portable format, or to have it transferred directly from Portside Marketing to another party. Ordinary requests will be granted without charge to You within one calendar month of when You make the request. Portside Marketing may use reasonable means to confirm Your identity before granting any request to transfer data to You or another party so as to prevent granting fraudulent requests. To request a copy of Your personal data in a portable format, or to request a direct transfer of Your data, please contact us by e-mail at support@Portside Marketing.com.

 

XIII. Your Responsibility Under GDPR. If You are a Portside Marketing User, then that probably means You are a business owner, using the Portside Marketing software to sell goods and services to Your customers. With respect to the customer data that You provide to Portside Marketing, Portside Marketing is a data processor and will comply with its obligations under the GDPR; but with respect to Your customers, You are probably a data controller, and if any of Your customers is a citizen or a resident of a country in the European Union, then You must ensure that You comply with Your obligations as a data controller under the GDPR; namely, You must ensure that You afford Your Customers the rights identified in section (a) above. Portside Marketing sells software; it does not provide legal advice or legal services, nor does it sell a “done-for-you” GDPR compliance package. Please consult legal counsel of Your own choosing for advice on what You need to do to comply with GDPR.

XIV. Our Companywide Commitment to Your Privacy. To make sure Your personal information is secure, we communicate our privacy and security guidelines to Portside Marketing employees and strictly enforce privacy safeguards within the company.

  1. Privacy Questions. If You have any questions or concerns about Portside Marketing’ Privacy Policy or data processing or if You would like to make a complaint about a possible breach of local privacy laws, please contact us at support@Portside Marketing.com. When a privacy question or an access or download request is received we have a team dedicated to addressing the specific concern or query which You are seeking to raise. In responding to Your request, we may need to request more information from You. If You are unsatisfied with the response You receive, You may refer Your complaint to the relevant regulator in Your jurisdiction. If You ask us, we will endeavor to provide You with information about relevant complaint avenues which may be applicable to Your circumstances. If You live in the European Economic Area, United Kingdom, or Switzerland, and You wish to contact us regarding questions or to exercise Your statutory rights, please contact us at support@Portside Marketing.com, or You may contact us at:

 

Portside Marketing, LLC

1011 Surrey Lane, Bldg 200

Flower Mound, TX 75022

(972) 979-9316

support@portsidemarketing.com

 

XVI. Updates to the Policy. Portside Marketing may update its Privacy Policy and this GDPR Policy from time to time, as posted on our website.

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