PRIVACY POLICY

LAST UPDATED: July 12, 2021

1. Introduction.

(a) Website Owner. Positive Return LLC d/b/a Who Needs A Break and whoneedsabreak.com (“Positive Return”) is the owner of this Website (“Site”). Positive Return can be contacted by mail at 8955 US Hwy 301 North #126, Parrish, Florida 34219, by phone at (813) 444-3369, or by email at legal@positivereturn.com. This online privacy notice discloses Positive Return information practices for this Site, including what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the information is shared. Note that other Positive Return Sites may be governed by privacy notices containing different information practices applicable to those sites.

(b) Website Visits. Positive Return collects certain information from Site visitors. This includes, but is not limited to, the home server domain name, email address, type of computer and web browser, what pages visitor accessed, and limited information about search requests. This information is used to solve technical problems and to calculate overall usage statistics.

(c) Website Transactions. At times, Positive Return will need personal information regarding a customer or a prospect. For example, to process an order or provide a subscription or membership, Positive Return may need to know a customer’s name, mailing address, e-mail address and credit card details. It is Positive Return’s intent to inform you before Positive Return collects personal information, such as user’s name and/or address on the Internet. If you tell us that you do not wish to have this information used as a basis for further contact with you, Positive Return will respect your wishes.

2. Personal Information That May Be Collected.

(a) Personal Identifying Information. In order to make a purchase and/or access designated subscriber services and/or restricted areas within the Site, Positive Return will request a user to provide certain personal identifying information, which may include: legal name, postal address, email address, screen name, password, phone number, facsimile number, method of payment, and, if applicable, credit card number. Positive Return may request additional information necessary to establish and maintain customer’s account.

(b) Service Quality Monitoring. Some Site transactions may require a customer to phone Positive Return, or Positive Return to call the customer. Positive Return will not contact you by phone without your prior consent, except to confirm an order placed online and/or to inform a customer of the status of such order. Customer should be aware that it is Positive Return’s practice to monitor, and in some cases record such calls for staff training or quality assurance purposes.

(c) Information from Children. Positive Return does not sell products or services for purchase by children, and will not collect or post information from a child under the age of 13 without the involvement of a parent or guardian. Positive Return will notify the child’s parent or guardian at the email address provided by the prospective customer, alerting the parent or guardian to the child’s use of the Site and providing instructions as to how the parent or guardian can delete the child’s registration from the Site. Positive Return does not use personally identifying information collected from children for marketing or promotional purposes, and does not disclose such information to any third-party for any purpose whatsoever.

(d) Lost or Stolen Information. If a customer’s credit card and/or password is lost or stolen, the customer should promptly notify Positive Return in order to enable Positive Return to cancel the lost or stolen information and to update its records with a changed credit card and/or password.

(e) Chat Rooms, Forums and Bulletin Boards. If customer participates in a Positive Return chat room, discussion forum, or posts messages to a Positive Return bulletin board, customer should be aware that the information disclosed and shared will be broadly available to other persons, both inside of and/or outside Positive Return, who have access to that chat room, forum or bulletin board. Some individual Positive Return chat rooms, forums or bulletin boards have additional rules and conditions regarding participation. Also, participant’s expressed opinion is his or her own and should not be considered as reflecting the opinion of Positive Return.

(f) Links to Other Websites. Our Site may contain links to other Websites. Positive Return is not responsible for the privacy practices or the content of those other Websites.

3. Uses Made of the Information.

(a) Limited Uses Identified. Personal information collected by Positive Return will be used by Positive Return for the following purposes: statistical analysis of customer behavior; product development; content improvement; customization of the content and layout of our Site; internal company reviews; present you with information through our Website and email services; provide our services, process orders, and administer our programs; maintain and improve our Site; respond to your requests, and provide customer service, including in response to any problems that may arise, such as difficulties in navigating our Site or accessing certain features; solicit your feedback, and to inform you about our products and services and those of our third-party marketing partners that we feel may be of interest or value to you; personalize or display advertisements to you on third-party platforms; improve our services or offerings; and fulfill our legal or contractual obligations to you.

(b) Marketing Uses. Unless customer elects to opt out via the link below, Positive Return reserves the right to provide customer with information about this Site, Positive Return products and services, and related information in which customer has indicated an interest. If you do not wish to receive information from Positive Return and want to opt-out, please visit www.WhoNeedsABreak.com/opt-out.

(c) Stored Information Uses. Positive Return stores and retains the information entered on the Site. Stored information is used by Positive Return and Positive Return agents: to support customer interaction with the Positive Return Site; to deliver customer purchases; and/or to contact customer again about other Positive Return services and products.

(d) Online Advertising. Some companies that help Positive Return deliver interactive on-line advertising, such as banner ads, may collect and use information about Positive Return’s customers to help Positive Return better understand the types of advertising or promotions that are most appealing to Positive Return’s customers. After it is collected the information is aggregated so it is not identifiable to a specific individual. If, however, customer would prefer that these companies not collect such information, please elect to opt out via the link above.

4. Disclosure of the Information.

(a) Within Corporate Organization. Positive Return is a US-based organization, with legal entities, business processes, management structures, and technical systems that may cross borders. Positive Return may share your personal information within the Positive Return corporate organization and may transfer the information to countries in the world where Positive Return conducts business. Some countries may provide less legal protection for customer personal information.

(b) Mergers and Acquisitions. Circumstances may arise where for business reasons, Positive Return decides to sell, buy, merge or otherwise reorganize its businesses in the United States or some other country. Such a transaction may involve the disclosure of personal identifying information to prospective or actual purchasers, and/or receiving such information from sellers. It is Positive Return’s practice to seek appropriate protection for information in these types of transactions.

(c) Agents. Positive Return employs or engages other companies and individuals to perform business functions on behalf of Positive Return. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.

(d) Affiliated Businesses. Positive Return works closely with affiliated businesses operating Website stores, providing services or selling products on each other’s Websites, as well as brick and mortar businesses in various communities across the globe. These businesses identify themselves to customers. Customer information related to a transaction with an affiliated business is shared with that affiliated business.

(e) Marketing Analysis by Third-parties. Positive Return reserves the right to disclose to third-parties personal information about customers for marketing analysis; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual customer.

(f) Disclosure to Governmental Authorities. Positive Return releases personal identifying information when Positive Return believes release is appropriate to comply with law, to enforce Positive Return agreements, or to protect the rights, property or safety of Positive Return customers. Positive Return may also release such information in an exchange of information with other companies and/or organizations for the purposes of fraud protection and credit risk reduction.

5. Use of Computer Tracking Technologies.

(a) No Tracking of Personal Information. Positive Return’s Site(s) are not set up to track, collect or distribute personal information not entered by visitors. Through Web site access logs, Positive Return does collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff for research and development, user analysis and business decision making, all of which provides better services to the public. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.

(b) Use of Cookies. Positive Return, or its third-party vendors, collects non-identifiable and personal information through the use of various technologies, including “cookies”. A cookie is an alphanumeric identifier that a Site can transfer to customer’s hard drive through customer’s browser. The cookie is then stored on customer’s computer as an anonymous tag that identifies the customer’s computer, but not the customer. Cookies may be sent by Positive Return or its third-party vendors. Customer can set its browser to notify customer before a cookie is received, giving an opportunity to decide whether to accept the cookie. Customer may also set its browser to turn off cookies; however, some Websites may not then work properly.

(c) Use of Web Beacon Technologies. Positive Return may also use Web beacon or other technologies to better tailor its Site(s) to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Website, a non-identifiable notice of that visit is generated which may be processed by Positive Return or by its suppliers. Web beacons usually work in conjunction with cookies. If customer does not want cookie information to be associated with customer’s visits to these pages, customer can set its browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.

(d) Collection of Non-Identifiable Information. Positive Return may collect non-identifiable information from user visits to the Positive Return Site(s) in order to provide better customer service. Examples of such collecting include traffic analysis, such as tracking of the domains from which users visit or tracking numbers of visitors; measuring visitor activity on our Site(s); Site and system administration; user analysis; and business decision making. Such information is sometimes known as “clickstream data.” Positive Return or its contractors may use this data to analyze trends and statistics.

(e) Collection of Personal Information. Positive Return collects personal identifying information from customer during a transaction. Positive Return may extract some personally identifying information about that transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data. This information is used and analyzed only at an aggregate level (not at an individual level) to help Positive Return understand trends and patterns. This information is not reviewed at an individual level.

6. Information Security.

(a) Commitment to Online Security. Positive Return intends to protect customer personal information and to maintain its quality. To achieve information security and quality, Positive Return implements appropriate measures and processes, such as using encryption when transmitting certain sensitive information.

(b) No Liability for Acts of Third Parties. Positive Return will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, Positive Return shall not be liable for unauthorized disclosure of personal information due to no fault of Positive Return including, but not limited to, errors in transmission and unauthorized acts of Positive Return staff and third parties.

7. Privacy Policy Changes and Opt-out Rights.

(a) Changes to Privacy Policy. This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. Positive Return reserves the right to change its privacy policy statement at any time. A notice of any material change will be posted on the Positive Return Site home page for ten (10) days prior to the implementation of such change.

(b) Opt-out Right. Customer and prospective customer has the right at any time to cease permitting personal information to be collected, used or disclosed by Positive Return and/or by any third parties with whom Positive Return has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting Positive Return via email at legal@positivereturn.com, phone at (813) 444-3369, or postal mail at 8955 US Hwy 301 North #126, Parrish, FL 34219. After processing the cancellation, Positive Return will delete customer or prospective customer’s personal information from its database.

8. Access Rights to Data.

(a) Information Maintained by Positive Return. Upon customer’s request, Positive Return will provide a reasonable description of customer’s personally identifiable information that Positive Return maintains in its database. Positive Return can be contacted by email at legal@positivereturn.com, postal mail at 8955 US Hwy 301 North #126, Parrish, Florida 34219, or phone at (813) 444-3369.

(b) Corrections and Changes to Personal Information. Help Positive Return to keep customer personal information accurate. If customer’s personal information changes, or if customer notes an error upon review of customer information that Positive Return has on file, please promptly e-mail Positive Return at legal@positivereturn.com and provide the new or correct information.

9. Accountability.

(a) Questions, Problems and Complaints. If you have a question about this policy statement, or a complaint about Positive Return compliance with this privacy policy, you may contact Positive Return by e-mail at legal@positivereturn.com. If Positive Return is unable to resolve your complaint to your reasonable satisfaction or if customer does not receive acknowledgment of an inquiry, customer may elect to proceed by contacting the United States Federal Trade Commission (FTC) at https://www.ftc.gov.

(b) Terms of Use. If customer chooses to enter into a purchase order or to subscribe to Positive Return’s services, customer’s action is hereby deemed acceptance of Positive Return practices described in this policy statement. Any dispute over privacy between customer and Positive Return is subject to the provisions of this notice and to Positive Return’s Terms of Use which is hereby incorporated in this Privacy Policy and which can be read at www.WhoNeedsABreak.com/terms-of-use.