Effective Date: February 1, 2020
1.1 The Sites are owned or managed by Simply Downsized LLC, a Virginia limited liability company (“we, “us,” “our” or the “Company”). We are committed to safeguarding the privacy of the personal data of all of our Site visitors and any and all other online customers, suppliers, vendors and users of our Sites and/or other online data collection sites, portals or tools operated by us (collectively, “you” “your” or a “user”).
2.2 “You,” “your” or “user” means as defined in Section 1.1 above.
2.3 “Personal data” means, as defined in any Applicable Law, any information relating to an identified or identifiable natural person (a “data subject”) who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, an email address, phone number, biometric data, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2.4 “We,” “us” or “our” means as identified in Section 1.1 above and its licensors, subsidiaries and affiliates, any and all officers, directors, employees, agents and representatives of such entity and any acquirer of the all or substantially all of the assets or majority voting control of such entity.
3. How We Collect and Use Your Personal Data
3.1 This section explains:
(a) The general categories of personal data that we may collect and process and the potential sources of that data;
(b) The purposes for which we may collect and process your personal data; and
3.2 Usage Data. We may collect and process data about your use of our Sites and other online services (“usage data”). Usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your use of our site or services. Under certain state laws, usage data may also constitute personal data and, if and when it does, the term personal data shall be deemed to include the usage data covered by such term, but only for the persons and activities subject to such definition. Usage data is collected and stored by our analytics tracking system and is processed for the purpose of analyzing the use of our Sites and Services.
3.3 Account Data. You may request or we may otherwise create an account for you in order for us to interact with you (“account data”). Your account data may include your name, physical address, phone numbers, email address and professional qualifications or experience. The source of the account data may be you or your employer. Your account data may be processed for the purposes of operating our Sites, providing our Services, ensuring the security of our Sites and Services, maintaining back-ups of our databases and communicating with you.
3.4 Profile Data. We will collect and process any and all information included in your personal profile that you choose to upload to our Sites or link to our Sites (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, gender, professional experience or credential, interests, education and/or employment or affiliations with other entities or organizations. The profile data may be collected and processed for purposes of the Company or other users making referrals of customers or other business relationships, vendors or suppliers to you based on your selection of those features of our Sites in the creation of your account set-up. Profile data may also be used to enable us to monitor your use of our Sites and Services.
3.5 Service Data. We may collect and process your personal data provided in the course of your use of our Services (“Services data”). Services data may include any and all manner of personal data referenced herein in any combination, the source of which may be you directly or your employer or affiliate organization. Services data may be processed for the purposes of operating our Sites, providing our Services, tracking commission payments or credits, management of our fees, ensuring the security of our Sites, maintaining back-ups of our databases and communicating with you.
3.6 Publication Data. We may process information that you post for publication on our Sites or distribute to our or your customers, clients or prospects through our Services (“publication data”). Publication data may be processed for the purposes of enabling and fulfilling such publication and distribution goals and for managing any relationships or transactions which may result therefrom, ensuring appropriate attribution and credit to your account.
3.7 Enquiry Data. We may process information contained in any enquiry you submit to us regarding our goods or Services, the functions of our Sites or activities by other users (“enquiry data”). Enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you or for other legitimate business activities.
3.8 Transaction Data. We may process information relating to transactions, including purchases of goods and services that you enter into or undertake with us through our Sites or by direct electronic communication (“transaction data”). Transaction data may include your contact details, your credit card details and the transaction details. Transaction data may be processed for the purpose of supplying the purchased goods and services and/or keeping proper records of those transactions. The legal basis 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 and our legitimate interests in the proper administration of our Sites and business.
3.9 Notification Data. We may process information that you provide to us for the purpose of registering for any events that we sponsor, conduct or provide notice of or for subscribing to our email notifications and/or newsletters (“notification data”). Notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters and/or fulfilling any other requests, orders or actions.
3.10 Correspondence Data. We may process information contained in or relating to any communication that you send to us or that we exchange between us for any other purpose than those reference above (“correspondence data”). The correspondence data may include the communication content and the metadata associated with such communications. For example, our Sites will generate the metadata associated with communications made using the web site contact forms. The correspondence data may be processed for the purposes of communicating with you and for acting on the subject or such correspondence and for record-keeping for tax and audit purposes.
3.11 Other Data. We may process other data incidental to our relationship or relating to any business matter or activity between us (“other data”). This data may include geolocation, consumer preference, purchase history or similar user profile data and the source of this data may be from you or from a third party who lawfully holds and licenses such data for marketing and analytics purposes. This data may be processed by us for any legitimate purpose relating to our business relationship with you or for other specified purposes or services identified at the time and place of collection.
3.13 Do Not Send Other Personal Information. Please do not supply us with any other person’s personal data unless we expressly request that you do so or you provide us with an express request to do so with an explanation of the purpose of such transmission and we expressly agree to receive it. We assume no duties or obligations of any personal data not directly relating to you, your account or our services to you.
4. Providing Your Personal Data to Others
4.1 We do not sell your personal data to any third parties for any monetary consideration. We strive at all times to require that any third parties with which we share user data in order to fulfill our Services to you, to operate our business or to implement a request by you must have agreed in writing not to use such data for any other purpose than to support our Services or after such data has been anonymized so that it is no longer traceable to our users.
4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice or the establishment, exercise or defense of legal claims, whether in court proceedings or in administrative or out-of-court procedures.
4.3 We may disclose portions of your personal data to our suppliers or subcontractors for the specific and limited purpose of providing you with our products or Services and solely for such purpose.
4.4 Financial transactions relating to our Sites and Services may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments or the services associated therewith. If we choose to use a third party payment services provider, you will be subject to such providers’ privacy policies and practices, notice of which we will either provide to you prior to our sharing of such personal data or that will be posted on the provider’s web site or payment platform as of or prior to your processing of a payment transaction thereon.
4.6 In addition to the specific disclosures of personal data set out above, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, in order to protect your vital interests or the vital interests of another natural person, or where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedures.
5. Retaining and Deleting Personal Data
5.1 This Section 5 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of your personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for the particular purpose or purposes for which we have collected such personal data.
5.3 We will retain your personal data as follows:
(a) Except as stated below, generally for the longer of the period represented by Section 5.2 above and seven (7) years from the activities or services to which such data relates so long as an event referenced in Section 5.4 or Section 5.5 does not then exist or has occurred and is continuing.
(b) We may make partial deletions of personal data earlier than the period stated above based on our judgment of the potential future need of such data.
(c) We retain the right to anonymize your data so that it is no longer useable to identify our users in order to perfect our marketing efforts and user experiences.
5.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
(a) Expiration of tax and audit retention periods;
(b) The threatened or existence of litigation or administrative claims that have resulted or that may result in document holds;
(c) Disputes among data providers that result in discovery orders affecting our data;
(d) Document hold requests by law enforcement or supervisory authorities;
(e) For forensic investigations relating to data breaches or other unauthorized uses of user data; and/or
(f) Similar unpredictable but legitimate reasons not to delete user data.
5.5 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.
7. Your Personal Data Rights
7.1 In this Section 7, we have summarized the rights that you may have under Applicable Law, which may vary based on your state of residence or similar criteria. Some of these rights are complex and not all of the details about such rights are included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights and you can direct any questions along these lines to our Company representatives listed on the last page hereof.
7.2 Your principal rights under Applicable Law may include any of all of the following rights, subject to certain conditions or exceptions to such rights under Applicable Law:
(a) The right to know about or access your personal data;
(b) The right to rectify or correct errors in your personal data;
(c) The right to deletion or erasure of your personal data;
(d) The right to restrict processing;
(e) The right to object to processing;
(f) The right to portability or transfer of your personal data collected by automated means in a commonly used machine readable format;
(g) The right to complain to a supervisory authority; and/or
(h) The right to withdraw your consent.
7.3 You have the right to information about our processing of your personal data and details about the purposes of such processing, the categories of personal data concerned and the recipients of the personal data. If permitted under Applicable Law and subject to our verification of you as the owner and our own rights to the retention and use of your personal data, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can request a copy of your personal data by completing and submitting a Data Rights Request Form by visiting and logging into our web site.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.7 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.10 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8. We reserve the right to verify your identity prior to responding to your request.
8. About Cookies
8.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
8.2 Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date. A session cookie, on the other hand, will expire at the end of the user session when the web browser is closed.
8.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
9. Cookies That We Use
10. Cookies Used by Our Service Providers
11. Managing Cookies
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. Blocking all cookies will have a negative impact upon the usability of many web sites and if you block cookies associated with our Sites, you will not be able to use all the features on our Sites.
12. Our Company Contact Information
12.1 This web site is owned and operated by Simply Downsized, LLC, a Virginia limited liability company.
12.2 We were duly formed in the Commonwealth of Virginia and our principal place of business is located at 6503 Waterway Drive, Falls Church, Virginia 22044.
12.3 You can contact us at any time:
(a) by mail to our principal office at the address given above;
(b) by using our website contact form;
(c) by telephone call to (703) 237-1493, or
(d) by email to email@example.com.
13. Copyright Policy and DMCA Procedures
13.1 Copyright Policy & DMCA Notice. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site or any of our other Sites infringes your copyright, you may request removal of those materials (or access to them) from the applicable Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
13.2 Copyright Agent. Our designated copyright agent to receive DMCA Notices is:
SIMPLY DOWNSIZED LLC
6503 WATERWAY DRIVE, FALLS CHURHC VA 22044
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on any of the sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
13.3 Counter Notification Procedures
If you believe that material you posted on one of our Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
13.4 Counter Notice Agent. Our designated agent to receive Counter Notices is:
SIMPLY DOWNSIZED LLC
6503 WATERWAY DRIVE, FALLS CHURCH VA 22044
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
13.5 Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
14. Data Subject Requests Re Data Rights
143.12 Any exercise by a user of any of the foregoing data rights should be processed by completing our Data Rights Contact Form posted on our web site or by calling the dedicated line listed below and should contain at least 2 means of contacting you. Realize that we are required to verify your identity before acting on your request.
14.2 Our user Data Rights exercise telephone line, which is operated 8 a.m.–5 p.m. Monday–Fridays, excluding holidays, is : 703-237-1493.