Privacy Policy - Turning Point USA

TURNING POINT ONLINE PRIVACY POLICY

EFFECTIVE 12/17/2021

Turning Point USA (“Turning Point”) respects your privacy as a visitor to its website and has developed the following privacy policy (“Privacy Policy”) to inform you about how Turning Point handles your personal information after receiving it. This Privacy Policy governs Turning Point’s use of your information both on the Turning Point Website (http://www.tpusa.com) and internally.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Policy. This Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Turning Point’s website is not intended for children and we do not knowingly collect data relating to children.

Children Under the Age of 13
- Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@tpusa.com.
- California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information.
Controller
- Turning Point is the controller and responsible for your personal information (“Turning Point, “we”, “us” or “our” in this privacy policy).
- We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out in Section 16 below.
- You have the right to make a complaint at any time to EU supervisory authorities for data protection issues (https://edps.europa.eu/data-protection/our-role-supervisor/complaints_en). We would, however, appreciate the chance to deal with your concerns before you approach such authorities. We ask that you contact us in the first instance.
Types of Information Collected and Stored
1. Personal Information Summary.
  - When you engage in activities such as create a website user profile on our website, create a Turning Point ID, sign up to receive a Turning Point publication, register to become a member, register for a Turning Point conference or other event hosted by Turning Point, shop on our website, or otherwise use the Turning Point website, Turning Point may gather your personally identifiable information (“Personal Information”).
  - Your Personal Information may include, but is not limited to, your name, address, phone number, email address, birthdate, electronic signature, personal identification numbers, IP addresses, mobile device identifiers, geo-location, or any other personally identifying data collected from you by Turning Point or its authorized agents.
  - By using the Turning Point Website, you agree to allow Turning Point and its agents to gather, store, and share your Personal Information subject to the limits of this Online Privacy Policy.
2. Specific Data Collected.
  - We may collect, use, store and transfer different kinds of Personal Information about you which we have grouped together as follows:
3. Sensitive Information.
  - We do not collect any Special Categories of Personal Data about you (this 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. Nor do we collect any information about criminal convictions and offences.
4. Cookies and Browser “Do Not Track” Notice
  1. Turning Point may use cookies on your computer. A cookie is a small piece of data sent from a website and stored in a user’s web browser while the user is browsing that website. Every time the user loads the website, the browser sends the cookie back to the server to notify the website of the user’s previous activity. Third parties that advertise on the Turning Point Website do not have access to Turning Point cookies, but they may use their own cookies on your computer. Advertisers’ use of their cookies and device identifiers is subject to the advertisers’ own privacy policies. Turning Point does not correlate its use of cookies with your Personal Information.
  2. Turning Point does not respond to browser Do Not Track (“DNT”) Signals. The Turning Point Website may utilize page tags or web beacons to track information related to user visits as a part of Turning Point data analytics processes and user experience customization as described below. Page tags are small pieces of Javascript embedded in webpages that collect data to help track web traffic on our website. Web beacons are very small, effectively invisible, graphic images we use to count and recognize users on our website. Such technologies enable us to improve and customize user experiences while users visit our website. Turning Point does not correlate its tracking activities through the use of page tags or web beacons with your Personal Information.
  3. Turning Point may employ third party data analytics firms to track and analyze traffic on the Turning Point website, to analyze visitor trends, to determine advertising effectiveness, browser types and usage trends, and to present targeted ads based on anonymous information collected through tracking. Turning Point’s third party analytics firms, as described in this section, do not receive your Personal Information.
  4. Third parties that may advertise on Turning Point Websites may have content embedded that sets cookies on a visitor’s browser and/or tracks visitor information that a web browser visited a specific Turning Point Website. Such information may contain a visitor’s IP address. Third parties may not collect identifying Personal Information from the Turning Point Website unless you provide it to such third parties.
  5. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
5. Keeping Information Updated
  - It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
Security of Personal Information
- Turning Point takes the security of your Personal Information very seriously. When your Personal Information is stored by Turning Point, we use reasonable and appropriate measures to protect it from loss, misuse and unauthorized access, disclosure, alteration and destruction. Unfortunately, data transmission over public networks cannot be guaranteed to be one hundred percent secure. While Turning Point will use all reasonable means to protect your Personal Information, Turning Point cannot guarantee the security of your transmissions of such Personal Information, and you use the Turning Point Website at your own risk. If you suspect your Personal Information has been compromised, please notify Turning Point Customer Service as specified in Section 16 below.
How we Collect Your Personal Information. We use different methods to collect data from and about you including through the following methods.
1. Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  1. apply for our products or services;
  2. create an account on our Website;
  3. subscribe to our service or publications;
  4. request marketing to be sent to you;
  5. enter a competition, promotion or survey; or
  6. give us feedback or contact us.
2. Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
3. Technical Data from the following parties:
  1. analytics providers such as Google based outside the EU;
  2. advertising networks based inside OR outside the EU; and
  3. search information providers based inside OR outside the EU.
4. Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside OR outside the EU.
5. Identity and Contact Data from data brokers or aggregators based inside OR outside the EU and from other publicly available sources.
How Turning Point Uses and Shares Your Information
1. General Information and Your Rights. Turning Point limits its use of your Personal Information to the stated purposes for which such information is collected. In some cases, Turning Point may be required to disclose your Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. You have the right to the following regarding your Personal Information transferred to Turning Point:
  1. To know the types of Personal Information Turning Point collects;
  2. To know the purposes for which it collects and uses your Personal Information;
  3. To know type or identity of third parties to which Turning Point discloses your Personal Information, and the purposes for which it does so;
  4. To access and update your Personal Information; and
  5. To know the choices and means Turning Point offers you for limiting the use and disclosure of your Personal Information.
2. Turning Point Services to Turning Point ID Holders.
  - When you provide your information to Turning Point, we may use information collected from technologies such as cookies, web beacons, and page tags, as described herein, to improve your experience of our website. For example, by saving information concerning the pages you visit and products you purchase, we will be able to provide you with information on other Turning Point goods and services that may be of interest to you. Furthermore, by creating an account with Turning Point, there is a possibility of receiving content from third parties through Turning Point, as discussed under Section 6.5, below.
  - Turning Point has entered into agreements with certain third parties with geographical affinity (“Local Partners”) with Turning Point ID holders in order to permit such Local Partners to provide Turning Point ID holders with benefits related to their affiliation with Turning Point at a local or regional level. Turning Point may share personal information with such Local Partners, and those Local Partners may share personal information with Turning Point in order to provide local and regional benefits to Turning Point ID holders. Furthermore, when such a Local Partner shares personal information with Turning Point in this way, a Turning Point ID will be created with that information, for use by the user whose information was used for that account.
  - Based on the information we gather, we may use targeted advertising from third party vendors, customized to reflect your interests. For example, if you purchase certain materials from Turning Point, Turning Point may display advertisements from vendors of similar materials. To accomplish this, we may use cookies and other technologies in order to recognize your computer at the time we display an advertisement to you. Turning Point may tailor advertisements based on your use of our website, such as tracking the pages you visit, the searches you make, or the goods or services you purchase. Turning Point does not correlate activities described in this section with your Personal Information, and we will not provide advertisers with your Personal Information when you view a targeted advertisement. However, through your interaction with a targeted advertisement, you consent that an advertiser may infer that you meet certain targeting criteria for the display of the advertisement.
  - In creating a Turning Point ID, and as a condition of having a Turning Point ID, you expressly consent to Turning Point’s use of your Personal Information and non-personally identifiable information as described in this section. Moreover, in using a Turning Point ID you expressly acknowledge and agree to our collection and use of such information as described in this section.
  - You can opt-out of the use of your Personal Information as described in this section by deleting your Turning Point ID. To delete your Turning Point ID, please contact Turning Point Customer Service as specified in Section 16 below.
3. Other Turning Point Services.
4. Turning Point Internal Data Sharing
  - Turning Point may also share your Personal Information with other Turning Point offices or Turning Point subsidiaries in the country in which you reside and in other countries.
5. Information Sharing with Third Parties
  1. 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 policy of every website you visit.
  2. Turning Point may utilize third-party service providers that process your Personal Information solely on Turning Point’ behalf (“Agents”). When Turning Point transfers your Personal Information to its Agents, your Personal Information will be used only for limited and specified purposes. Turning Point will take reasonable and appropriate steps to ensure that its Agents process your personal information in a manner consistent with the organization’s obligations under the principles. Turning Point remains responsible and liable if the Agents that Turning Point engages to process your Personal Information on Turning Point’s behalf do so in a manner inconsistent with this Online Privacy Policy and the Privacy Shield Principles, unless Turning Point proves that it is not responsible for the event giving rise to the damage.
  3. Turning Point may share aggregated demographic information with our partners and advertisers. This is not linked to any Personal Information that can identify any individual person.
  4. Turning Point uses outside third parties to ship orders and financial service-oriented third parties to bill users for goods and services. All parties with which Turning Point shares your Personal Information are bound by confidentiality and data transfer agreements consistent with this Online Privacy Policy and the Privacy Shield Principles.
  5. Turning Point may partner with third parties to provide other specific services, including, but not limited to registration for Turning Point conferences and other Turning Point program and educational materials. When the user signs up for these services, we may share names, or other contact information that is necessary for the third party to provide these services. Turning Point may auto-populate forms utilized by these third parties with data contained in Turning Point managed cookies. These third parties are not allowed to use your Personal Information except for the purpose of providing these services. All parties with which Turning Point shares your Personal Information are bound by confidentiality and data transfer agreements consistent with this Online Privacy Policy and the Privacy Shield Principles.
6. Other Possible Disclosures.
  - In addition to the other disclosures stated herein, Turning Point may share your information in the following ways:
    1. To comply with applicable laws, regulations, legal processes, or government enforced orders,
    2. To enforce applicable terms of service, protect our legal rights or defend against legal claims,
    3. To defend, prevent, take action, and otherwise address security or technical issues, as well as suspected or potential fraud,
    4. To comply with Turning Point’s obligations to address complaints arising under EU Data Protection Authorities, or other necessary entities.
    5. To guard against harm (whether actual or potential) to the legal rights, property or safety of Turning Point, our visitors or the general public as required or permitted by law.
International Transfers
1. We share your personal data within Turning Point. This will involve transferring your data outside the European Economic Area (EEA).
2. Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Turning Point Purposes In Using Personal Information

We have set out below, in a table format, a summary of the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal information where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer or member.

(a) Identity

(b) Contact

Performance of a contract with you

To register you for Turning Point events, conferences and programs.

(a) Identity

(b) Contact

(d) Marketing and Communications

(e) Financial

(f) Transactional

a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(d) Administering, maintaining monitoring, and managing Turning Point certifications, and related examinations and programs.

(a) Identity

(b) Contact

(d) Marketing and Communications

(e) Financial

(f) Transactional

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Data retention
1. We will only retain your Personal Information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
2. 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 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, regulatory, tax, accounting or other requirements.
Turning Point Email Uses
1. Turning Point never rents or sells email addresses to outside parties without your consent. Occasionally, you may wish to receive information or communication from a Turning Point client. In that instance, you will be asked for permission to share your email address.
2. When you submit Personal Information to Turning Point, including signing up for our email list or submitting any form, you will receive information about Turning Point products, services, and educational offerings that relate to your areas of interest unless you choose to opt-out. If you have questions or concerns about Turning Point’s Online Privacy Policy or wish to no longer receive such offers (opt-out), please contact Turning Point Customer Service as specified in Section 16 below.
How to Access or Change Your Personal Information
1. To review or make changes to the content of your Personal Information, or to request that we limit the use of your Personal Information, you may request such changes by contacting Turning Point Customer Service as specified in Section 16 below.
2. In your request, clearly state what information you would like to have changed or updated. Turning Point will try to comply with your request as soon as possible.
3. The deletion of Personal Information and other changes to the data retained by Turning Point as described above may result in the deletion or limitation of other services Turning Point provides, including, but not limited to, maintaining and making accessible Turning Point certification records. Turning Point may retain certain Personal Information to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce agreements.
Your Legal Rights. You have the right to:
1. Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
2. Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
3. Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
4. Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
5. Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios:
  1. If you want us to establish the data’s accuracy.
  2. Where our use of the data is unlawful but you do not want us to erase it.
  3. Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  4. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
6. Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
7. Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
8. If you choose to exercise any of your legal rights outlined herein, you have the right not to receive discriminatory treatment by Turning Point.
Verification
- Turning Point will regularly self-assess its compliance with all applicable laws and the Privacy Shield Principles regarding Personal Information that is received from the EU.
Recourse Mechanisms
- Turning Point makes readily available independent recourse mechanisms by which your complaints and disputes are investigated and expeditiously resolved at no cost to you. Please direct any inquiries or complaints regarding our compliance to the point of contact listed in Section 16 below. If we do not resolve your complaint within 45 days, you may submit your complaint free of charge to JAMS using this link: https://www.jamsadr.com/eu-us-privacy-shield. Turning Point has designated JAMS, an alternative dispute resolution provider in the United States, as its alternative dispute resolution process. The JAMS dispute resolution process shall be conducted in English. A binding arbitration option will also be made available to you at your request if you qualify for such option in order to address your complaints not resolved by any other means.
Notices of Changes to Privacy Policy
- In the event of any change to the Turning Point Online Privacy Policy, notice of such changes will be posted on the Turning Point website. Any changes to this Online Privacy Policy will become effective when we post the revised Online Privacy Policy on the Turning Point website. Your use of the Turning Point website following these changes means that you accept the revised Online Privacy Policy.
Contact Turning Point
- For any questions, comments, or further information concerning the terms of this Online Privacy Policy, or to request changes to your Personal Information, subject to such limitations as provided herein, please contact: