Privacy and Data Protection
Consult FGC – Consult FGC, LLC. Referred to herein as “Consult FGC”, “we”, “our”, or “us”. This includes Consult FGC employees and subcontractors.
Customer – The individual or legal entity who is contracting for services from Consult FGC. This includes your employees or subcontractors. Referred to herein as “customer”, “you”, or “your”.
Processor – As used herein, this refers to Consult FGC acting in the role of a data processor, defined as a person or organization (in this case Consult FGC) who deals with your (our customers’) personal data.
Personal Data – Refers to any personally identifiable information such as one’s name, address, date of birth, phone number, and email address.
Product Data Protection Notice - May 2020
We at Consult FGC are committed to protecting our customers’ data. The data protection practices set forth in this Product Data Protection Notice (the “Product Data Protection Notice”) are for technology platforms owned by Consult FGC, LLC. This Product Data Protection Notice tells you (as our customer) how Consult FGC uses Personal Data collected on our technology platform(s).
By using our technology platform(s), you are accepting the practices described in this Product Data Protection Notice. If you do not agree with the data practices provided in this Product Data Protection Notice, you should not use products and services provided by Consult FGC. We may make changes to this Product Data Protection Notice at our sole discretion at any time. We encourage you to periodically review this website Data Protection Notice to stay informed about our collection, processing, and sharing of your Personal Data. Should you continue to use the Software after we make changes to the Product Data Protection Notice such use will be deemed to be acceptance of those changes.
This Product Data Protection Notice applies only to the extent we process Personal Data in the role of a processor on your behalf. If you have executed a separate Data Protection Agreement with Consult FGC, the terms of that agreement will supersede this Product Data Protection Notice.
What This Notice Covers
This Product Data Protection Notice applies to the processing of Personal Data collected by us when:
• You create an account to use our products and services.
• You use our products and services, where we act as a processor of your Personal Data.
The Personal Data that we collect directly from you includes
• Business Contact information: Includes such things as first name, last name, employer, title, city, state, country, phone number, IP address, and business email addresses.
• Automatically collected information: This includes information collected via cookies and web beacons, including IP address, Advertiser id, browser name, operating system details, domain name, date of visit, time of visit, and pages viewed, or other similar information.
Protected Health Information, Payment Card Information and other Sensitive Information
Consult FGC’s services to not require, nor shall we request from you, any of the following types of data:
• Protected health information (“PHI”) governed by the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”).
• Any non-public consumer personally identifiable information or financial information governed by the Gramm-Leach-Bliley Act (“GLBA”) or payment card information covered by the Payment Card Industry Data Security Standards (“PCI DSS”).
You should never disclose, or allow to be disclosed, PHI, information protected by PCI DSS or GLBA, or any other sensitive or protected information to Consult FGC. Preventing the disclosure of such information to Consult FGC is solely your responsibility. Consult FGC is not liable for any such disclosures of your protected information to it.
Visitors under the age of 16
Our website and technology platforms are not intended for persons under the age of 16. Thus, we do not knowingly or intentionally gather Personal Data from visitors who are under the age of 16. If you are under the age of 16, please do not submit your Personal Data via our submission forms. Preventing the disclosure of such information to Consult FGC is solely your responsibility. Consult FGC is not liable for any disclosures of personal information of persons under 16 to it.
How Personal Data is Collected
Personal Data is collected by Consult FGC when it is shared by you or someone in your organization authorized by you to access and otherwise interact with Consult FGC or any Consult FGC technology systems. Disclosure of Personal Data to Consult FGC or one of our systems is at the discretion of your organization, employees, and subcontractors.
Personal Data may also be requested from you through your interaction with our products and services (i.e. technology platforms). Consult FGC collects the minimum information necessary to provide its products and services to you.
You are solely responsible for the information you provide to Consult FGC.
Cookies and Other Identifiers
We use industry standard information-gathering tools, such as tools for collecting usage data, cookies, web beacons and similar technologies, to automatically collect information that may contain Personal Data from your computer or mobile device as you navigate our site, use our services, or interact with emails we have sent to you.
Cookies, web beacons and other tracking technologies on our products and services
Below are the two types of cookies that are used on Consult FGC’s platform for its products and services:
• Session-based cookies – These are used only to determine how long you remain on the platform. They immediately expire when you leave our platform or logout.
• Support cookies – These cookies allow us to track onboarding times and other metadata in order to provide better service to our users.
• Location-enabled cookies – These cookies allow us to track your location at the time of use of our products.
How We Use Your Personal Data
We collect and process your Personal Data, we act as a processor of your Personal Data, solely for the legal purposes described below:
• Where we have entered into a contract for the use of our website including any products and services.
• In order to provide you support for our products and services.
• For any managed services that we may provide to you from time to time.
Other legitimate interests for processing your Personal Data are:
• To assess and improve your experience using our Products, such as analyzing trends or tracking your usage and interactions with our products and services in order to improve your overall experience.
• For security purposes, such as investigations of suspicious activity.
• For compliance purposes, such as investigating fraud or misuse of our Products.
• For other purposes that arise from time to time.
Consult FGC processes and discloses Personal Data when cooperating with appropriate regulatory and government authorities. When Consult FGC processes Personal Data for this purpose, the legal basis for processing shall be for compliance with a legal obligation to which Consult FGC is subject.
You may make changes directly to your Personal Data. Consult FGC does not have control over how your organization uses your Personal Data for its purposes.
Who Do We Share Personal Data With?
We may occasionally use third-party businesses to provide products and perform specialized services for data processing. When we provide Personal Data to these businesses, they are not permitted to use the Personal Data for any reason outside of the scope for which we have contracted with them.
The ways in which we may share your Personal Data include the following:
• When we use our third-party processors (such as Amazon Web Services) in the performance of our services. This is required for us to provide our services to you. We execute contracts with such third-party businesses to ensure they fulfill their data protection obligations as covered herein.
• With Consult FGC affiliates and other companies that may become part of Consult FGC in the future.
We may also disclose your information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Finally, we may also disclose your information for any other purpose when you provide the information or with your consent.
Consult FGC reserves the right to disclose your Personal Data under the following conditions: (1) when permitted or required by law; (2) when trying to protect against or prevent actual or potential fraud or unauthorized transactions; or (3) when investigating suspected fraud which has already taken place.
Sale of Personal Data
Consult FGC will never sell your Personal Data.
International Transfers of Personal Data
Your Personal Data may be collected, transferred to, and stored by us in the United States and by our affiliates in other countries where we operate.
Therefore, your Personal Data may be processed outside the European Economic Area (EEA), and in countries which are not subject to an adequacy decision by the European Commission, and which may not provide for the same level of data protection as the EEA. In this event, we will make every reasonable effort to ensure that the recipient of your Personal Data offers an adequate level of protection, such as by entering into an agreement to abide by standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or another mechanism approved by the EU Commission.
Data Security and Retention
To ensure security of your Personal Data, we use a variety of industry standard and best practice security measures to prevent unauthorized access, use of, or disclosure. These security measures consist of, but are not limited to, data encryption and physical security. Only authorized employees, agents, and contractors will have access to this information. We will not process Personal Data in a way that is incompatible with the purposes for which it was collected.
On occasion, and at its discretion, Consult FGC may contract with third-party entities to perform specialized data processing and other services necessary for us to provide you our products and services. These third-party entities are not permitted to use data outside of the scope for which we contract with them. Further, these entities are required to follow the security practices outlined herein.
While Consult FGC will take all reasonable steps to ensure that your Personal Data is accurate, complete, current, and otherwise reliable for its intended use, customer understands that no method of transmission or method of electronic storage over the internet is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Consult FGC will retain your Personal Data only for the period necessary to fulfill the purpose outlined in this Product Data Protection Notice unless a longer retention period is required by applicable data privacy law.
If your Personal Data has been disclosed to a third party, and it has been deemed incorrect by you, Consult FGC will take commercially reasonable steps to obtain correction of the information.
If Consult FGC obtains knowledge that one of our service providers or employees is in violation of this Product Data Protection Notice, Consult FGC will take commercially reasonable steps to prevent or stop the unauthorized use or disclosure of your Personal Data. Consult FGC takes data privacy seriously. We agree to take commercially reasonable measures to ensure the proper handling of your Personal Data by our employees and service providers.
You have certain rights relating to your Personal Data, subject to local data protection laws. Depending on applicable laws and, in particular if you are located in the EEA, these rights may include:
• Accessing, correcting, amending, deleting your Personal Data;
• Objecting to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
• Not being subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”). Automated Decision-Making currently does not take place within our products or in our services; and
• To the extent we base the collection, processing and sharing of your Personal Data on your consent, withdrawing your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
How to exercise your rights
To exercise your rights, please contact us by email at ‘webmaster “at” Consult FGC.com’.
To exercise your rights regarding your Personal Data, or if you have questions regarding this Product Data Protection Notice or our data protection practices please send an email to ‘webmaster “at” Consult FGC.com’. Alternatively, you may send notice by way of mail at the address listed below:
Consult FGC, Inc.
1659 Achieva Way Dunedin, FL 34698 USA
Attn: Consult FGC
We are committed to working with you to obtain a fair resolution of any complaint or concern about your data. If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the EEA, you have the right to lodge a complaint with the competent supervisory authority.