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Privacy Policy

Privacy Policy

Your privacy is important to MJ Hoffman and Associates, LLC (“Hoffman”, “we,” or “us”).  This Privacy Policy describes the information practices of Hoffman in connection with the Site and Services, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared. As described below, this Privacy Policy applies to your interactions with the Site, Services, Platform, and Programs, as well as other interactions with Hoffman related to the Services.

For the avoidance of doubt, please note the following:

  • The Site is a website owned and controlled by Hoffman. While the Site contains information about the Services, your use of the Site is not considered use of Services. 
  • The Platform is an online platform made available to Subscribers as part of the Services. The Platform is hosted by Vimeo.com, Inc.
  • The Programs are the content and forums available on or through the Platform.
  • The Services are the services offered by Hoffman to Subscribers, which includes access to the Platform and Programs. Any references in this Privacy Policy to use of the Services includes use of the Platform and Programs. 

BY USING THE SITE OR SERVICES, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE OR SERVICES.  

Please carefully read this Privacy Policy as it may have changed since your last visit to the Site or Platform. Continued use of the Site or Services indicates your understanding and acceptance of any changes made to this Privacy Policy and posted to the Site or Platform. This Privacy Policy does not cover the privacy practices of any third-party websites to which the Site or Platform may link. 

Definitions:

Contact Form” means a form available on the Site that can be used to submit information to Hoffman for any purpose.

Form Tools” means the third-party products and services that Hoffman uses to enable Contact Forms on the Site and process the information submitted through Contact Forms.

Platform” means the Hoffman-branded Vimeo OTT Service online platform available to Subscribers through https://hoffman.vhx.tv and https://closer.sellhoffman.com/

Programs” means the content available on or through the Platform, including videos, recordings, images, and text, as well as any interactive forums on the Platform.

Services” refers to the services offered by Hoffman to Subscribers pursuant to a Subscription Agreement, including access to the Platform and Programs.  

Site” means https://sellhoffman.com/ 

Site User” means any person who uses the Site, which includes browsing the Site or submitting a Contact Form.

Subscriber” means any person or entity receiving Services from Hoffman pursuant to a Subscription Agreement. References to “Subscriber” include the employees who are authorized to use the Services on behalf of such Subscriber, if any.

Subscription Agreement” means a separate agreement between Hoffman and a Subscriber for the purchase and use of Services pursuant to a Closer License or an Enterprise License.

Information we collect: This Privacy Policy applies to all information collected from Site Users and Subscribers by Hoffman (or carefully selected third parties acting on our behalf), including personal information. Personal information is data that reasonably can be used to identify or describe an individual, such as your name, business affiliation, postal address, telephone number, or email address. We collect personal information only when you voluntarily provide it to us. You do not need to provide personal information to simply browse the Site. You will need to provide personal information to purchase and use Services and to submit a Contact Form, and you have the right to request that we delete your personal information.

Hoffman may collect your personal information when:

  • you submit a Contact Form;
  • you enter into a Subscription Agreement for Services;
  • you create an account to access the Services and Platform;
  • you use the Services;
  • you use any interactive tools or forums that are enabled on the Site or Platform, such as chatbots or chat rooms;
  • you upload or submit information or content through the Site or Platform;
  • you interact with Programs;
  • you post a comment or review of Program on the Platform;
  • you subscribe to newsletters from Hoffman;
  • you participate in surveys and evaluations; 
  • you request information or materials;
  • you apply for a position, or submit your resume to Hoffman;
  • you submit questions or comments to Hoffman;
  • you submit any information to Hoffman; or
  • you contact Hoffman by any means using information available on the Site or Platform.

The types of personal information we collect may include (but are not limited to):

  • your first and last name;
  • your home, billing, or other physical address (including street name, city/town, state/province, postal code);
  • your email address;
  • your telephone number;
  • any other identifier that permits Hoffman to make physical or online contact with you; and
  • your financial information, including credit card account information.

If you use our Services, we may receive information about your business, your finances, expenses, invoices, financial statements, details of your financial transactions, details about your customers, vendors, or employees, income and wage information, and/or investment information. If you provide us with any of the foregoing that contains any personal information of your employees, customers, or vendors, you are responsible for obtaining the necessary consents and permissions to share such information with us.

Use of personal information:  Hoffman collects and uses your information, including your personal information, to operate and improve the Site and Services, and to deliver the services or carry out the transactions you have requested. These uses may include providing you with more effective customer service; making the Site or Services easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services, and technologies; and displaying content and advertising that are customized to your interests and preferences.

We also use your personal information to communicate with you. We may send certain mandatory service communications such as welcome letters, information updates, billing information, information on technical service issues, and security announcements. We may also contact you to inform you of other products or services available from Hoffman and its partners or affiliates.

Personal information collected on the Site and Platform may be stored and processed in the United States or any other country in which Hoffman or its licensors, service providers, affiliates, subsidiaries, or agents maintain facilities, and by using the Site or Platform, you consent to any such transfer of information outside of your country.

Sharing of personal information:  Hoffman will not sell, rent, or lease your information, including your personal information, to others. Hoffman shares personal information with other companies working on our behalf. Except as described in this Privacy Policy, we will not disclose your personal information to third parties for their own marketing purposes unless you have provided consent.

In some cases, we use third parties to collect, use, analyze, and otherwise process information, including personal information, on our behalf. This includes our use of certain products and services provided by third parties for the purposes of enabling certain features on the Site and Platform. For example, the information submitted through Contact Forms is processed by a third-party provider. Information submitted through the Platform is processed by the third party that hosts the Platform. If any interactive tools or forums (such as chatbots or chat rooms) are enabled on the Platform, then any information submitted through such tools will be processed by the third party providing such tool. To facilitate purchases of Services, we may use third party services in connection with invoicing and payment processing. 

Service providers will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. 

By submitting any information through the Site or Platform, you consent to us sharing your personal information with any third party that provides us with the products or services used to process information, or otherwise processes information on our behalf. 

We may access or disclose your information, including your personal information, if we believe such action is necessary to: (a) comply with the law or legal process served on the Site or Hoffman; (b) protect and defend the rights or property of Hoffman (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of our customers or members of the public.

Your choices:  Hoffman provides a number of ways for you to “opt-out” of receiving additional information from us. We may offer you these choices at the time you give us your personal information. 

If you do not wish to continue receiving certain marketing materials (e.g., email messages), you can opt-out of receiving these materials by following the unsubscribe instructions provided in the materials. This option does not apply to communications primarily for the purpose of administering orders, contracts, support, software updates, or other administrative and transactional notices.

How to update your information:  To modify the contact information that you have provided to us, you can contact us at notifications@sellhoffman.com or by mailing us at 9 Bartlet St, Andover, MA 01810.

Safeguarding your information:  In order to protect your information, including your personal information, from improper disclosure, Hoffman uses commercially reasonable efforts to maintain a secure operating environment to protect any information we collect. We take care to dispose of your information properly so that third parties will not be able to access it. This includes destroying, erasing, or making unreadable the information. While we are committed to protecting your privacy, please be aware that no transaction over the internet can be completely secure. Browsers offer varying degrees of security, particularly in regard to encryption. Even the same version of a browser can come with different levels of encryption. Review your browser’s settings for more information.

Enforcement:  Hoffman regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this statement or our treatment of personal information by contacting us at the address indicated below.

Cookies and Browser Information:  Hoffman uses cookies for a variety of purposes. Cookies are small text files placed on the hard drive of the Visitor’s device. Cookies are commonly used to track web activity and provide an enhanced experience when using the internet. We use cookies to collect non-personally identifiable information from Subscribers and visitors of the Site. We use cookies to help us better understand Site usage in the aggregate so that we know what areas of the Site our visitors prefer. Some cookies are required for technical reasons in order for the Site and Services to operate. Other cookies enable us and the third parties we work with to track and target the interests of visitors of the Site. For example, we may use cookies to tailor content and information that we may send or display to you and otherwise personalize your experience while interacting with our Site and Services. We may also use cookies to make advertising messages more relevant to you and your interests.

If you simply want to browse, you do not have to accept cookies from the Site. Most browsers are defaulted to accept and maintain cookies. If you do not want websites to be able to use cookies, you can alter the configuration of your browser to not accept cookies. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site. Third party vendors may use cookies to serve ads to you while you are using the Site based on your prior visits. These cookies are not tied to your personal information.

With or without cookies, the Site keeps track of usage data, such as the source address from which a page request originates (i.e., your IP address, domain name), date and time of the page request, the referring website (if any), and other parameters in the URL (e.g., search criteria). We use this data to better understand Site usage in the aggregate so that we know what areas of the Site our visitors prefer (e.g., based on the number of visits to those areas). This information is stored in log files and is used for aggregated and statistical reporting. It is not attributed to you as an individual.

Links to Other Sites:  The Site may provide links to third-party websites, such as those of our business partners, payment processors, and online advertisers. You should review their privacy policies to learn more about what, why, and how they collect and use personally identifiable information.

For Questions or Concerns:  If you have questions or concerns regarding this statement, you should first contact notifications@sellhoffman.com. Other correspondence may be sent to:

MJ Hoffman and Associates, LLC

9 Bartlet St

Andover, MA 01810

Changes to this Privacy Policy:  Hoffman reserves the right to change this Privacy Policy from time to time. If we do make changes, the revised Privacy Policy will be posted on the Site. 

NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR LEGAL GUARDIANS:  THE SITE AND SERVICES ARE INTENDED FOR ADULTS. WE DO NOT KNOWINGLY OR INTENTIONALLY COLLECT PERSONAL INFORMATION FROM ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, PLEASE DO NOT PROVIDE ANY PERSONAL INFORMATION TO HOFFMAN. IF YOU KNOW OF ANYONE UNDER THE AGE OF 18 WHO HAS PROVIDED US WITH INFORMATION, PLEASE CONTACT US IMMEDIATELY AND WE WILL REMOVE THE INFORMATION.

SPECIFIC PROVISIONS FOR CALIFORNIA RESIDENTS: This section of the Privacy Policy applies only to individuals who reside in California. The California Consumer Privacy Act of 2018, as amended and supplemented by the California Privacy Rights Act of 2020 (collectively the “CA Privacy Laws”) provide additional rights to know, delete and opt out, and requires businesses collecting or disclosing Personal Information to provide notices and means to exercise rights. For purposes of this section, “Personal Information” has the definition set forth in the CA Privacy Laws.

California Notice of Collection: We or our service providers have collected the following categories of information enumerated in the CA Privacy Laws in connection with the Site or Services:

  • First and last name, home, billing or other physical address (including street name, city/town, state/province, postal code, and country of origin), e-mail address, and telephone number, to the extent you are interacting with our Site or Platform;
  • Information, services and products considered, accepted, rejected and other use data;
  • Any other identifier that permits us to make physical or online contact with you; 
  • Internet activity, including history of visiting and interacting with the Site or Platform, browser type, browser language and other information collected automatically; and
  • Any other information you have chosen to provide to us through the Site or Platform.

We do not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CA Privacy Laws would be interpreted to include any of the activities described in the “Sharing of information” section above, we will comply with applicable law as to such activity.

Right to Know and Delete

If you are a California resident, you have the right to delete Personal Information we have collected about you and you have the right to know certain information about our data practices. In particular, you have the right to request the following:

  • Categories of Personal Information we have collected about you;
  • Categories of sources from which the Personal Information was collected;
  • Categories of Personal Information about you we disclosed for a business purpose or sold;
  • Categories of third parties to whom the Personal Information was sold or disclosed for a business purpose;
  • Business or commercial purpose for collecting or selling the Personal Information; and
  • Specific pieces of Personal Information we have collected about you.

To exercise any of these rights, please submit a request to us at notifications@sellhoffman.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within ten (10) days. We may require specific information from you to help us verify your identity and process your request. Please note that, in many instances, we do not collect types of information that enable us to identify you. As such, if we do not have information that permits us to verify your identity, we may deny your requests to know or delete. A request for access can be made by you only twice within a twelve (12) month period.

Right to Opt Out: Under the CCPA, you have the right to opt out of the sale of your Personal Information to third parties at any time. Hoffman does not “sell” your Personal Information as it is currently defined under the CCPA. You may contact us by emailing us at notifications@sellhoffman.com if you have any questions or concerns.

Authorized Agent: You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

California Do-Not-Track Notice: We do not track our Site users over time and across third party websites and therefore do not respond to Do Not Track (DNT) signals. 

NOTICE TO INTERNATIONAL RESIDENTS: Hoffman is established in the United States. The Site and Services are primarily operated and managed on servers located and operated within the United States. In order to submit a Contact Form, or to purchase a subscription for Services, or to actually use the Services, you may be sending your personal information outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. 

ADDITIONAL INFORMATION FOR USERS IN THE EUROPEAN ECONOMIC AREA AND UNITED KINGDOM: Hoffman is established in the United States and has operations and service providers in the United States and throughout the world. As such, we and our service providers may transfer your personal information to, or access it in, jurisdictions that may not provide levels of data protection equivalent to those in your country of residence. By using the Site or Services, or otherwise interacting with us, regardless of where you live or where you provide information to us, you consent to our use and our service providers’ use of your personal information worldwide and to the transfer of your personal information to countries outside of your country of residence, including the United States. In certain circumstances, courts, regulatory agencies, law enforcement agencies, or security authorities in those other countries may be entitled to access your personal information.

Hoffman is aware of the July 16, 2020 ruling by the European Court of Justice invalidating the EU-US Privacy Shield Framework. Accordingly, we will take adequate measures designed to protect the transfer of Personal Information of individuals in the European Economic Area (EU Member States, Iceland, Liechtenstein and Norway) (“EEA”), such as relying on the European Commission-approved Standard Contractual Clauses (“EU SCCs”) as a legal mechanism for such transfer, or other adequate transfer mechanism as required under relevant data protection laws, as well as additional safeguards, where appropriate. A copy of these clauses may be obtained by contacting us at the email address listed below. 

For transfers to or from the United Kingdom (“UK”), we make use of the EU SCCs, as modified by the UK’s International Data Transfer Addendum (collectively the “UK SCCs”). For individuals located in the EEA or the UK, the term “personal information,” as used in this section, is equivalent to “personal data” under applicable European and UK data protection legislation.

If you are located in the EEA, the UK, or Switzerland, you have certain rights and protections under applicable law regarding the processing of your personal information, as defined by the General Data Protection Regulation (“GDPR”), and this section applies to you.

Legal Basis for Processing 

When we process your personal information, we will do so in reliance on the following lawful bases:

  • To perform our responsibilities under our contract with you (e.g., providing the services you requested).
  • When we have a legitimate interest in processing your personal information to operate our business or protect our interests (e.g., to provide, maintain, and improve our services, conduct data analytics, and communicate with you).
  • To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of non-administrative communications).
  • When we have your consent to do so (e.g., when you opt in to receive non-administrative communications from us). When consent is the legal basis for our processing your personal information, you may withdraw such consent at any time.

Data Retention

We store Personal Information associated with your Account for as long as your account remains active. If you close your Account, we will delete your Account data within thirty (30) days, unless reasonably necessary to comply with our legal, regulatory, or other compliance obligations. We store other data for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations. 

Your Rights

For users in the European Union, according to the GDPR, you have the following statutory rights:

  • Information. At the point where personal information is collected from the data subject, as defined by the GDPR, or obtained from another source, there is a requirement to inform the data subject about our use of that personal information and the rights of data subjects over it. Compliance with this right is provided within this Privacy Policy.
  • Access. You have the right to obtain confirmation as to whether or not personal information concerning you is being processed, and, where that is the case, all necessary information to make the process transparent. You also have the right to obtain a copy of your personal information being processed.
  • Rectification. You have the right to require rectification of inaccurate data about you.
  • Erasure. You have the right to ask for the deletion of your data in certain circumstances.
  • Restrict processing. You have the right to restrict processing of data under certain specified circumstances.
  • Data portability. You have the right to request for the receipt or the transfer to another organization, in a machine-readable form, of your personal information.
  • Object to processing. You have the right to ask us to stop using all or some of your personal information under certain specified circumstances. 
  • Right to withdraw consent. When you have given your explicit consent for the processing of your data, you can withdraw it at any time without justification. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

If would like to exercise your rights, please let us know by sending an email at notifications@sellhoffman.com.

You also have the right to lodge a complaint with your local Data Protection Authority or to the Data Protection Authority where the alleged infringement took place.

This Privacy Policy was last amended on January 26, 2023.