Terms & Conditions
ACN Opportunity, LLC and ACN Communications Services, Inc. (collectively “ACN”) are committed to protecting the privacy of our customer information. This document will provide information about ACN's policy relating to the collection, use and disclosure of personal information and of our customer's right to limit such collection, use or disclosure. All personal information relating to our customers is maintained in strict confidence by ACN and is not sold to third parties. For your protection, we utilize a Secure Socket Layer (SSL) on all pages that require you to complete personal information. Our privacy policies and procedures are subject to change.
ACN collects personal information for a variety of purposes related to your request for services from ACN. Personal information is used to verify, process and administer your product and service requests, assess credit-worthiness, maintain our commercial relationship with you, and analyze, understand and respond to your service needs. ACN also analyzes and uses customer information to improve the products that we offer to our customers. We analyze personal information in order to identify the products and services offered by our affiliates or ourselves or by companies that we believe may be of interest to you, and to offer you those products and services.
Personal information is also used in order to communicate with you for billing and provisioning purposes. ACN does not sell, rent or lease personal information to third parties. From time to time ACN may outsource certain account processing, or other customer service functions to a third party. In such cases, personal information will be provided to such third parties. However, ACN releases personal information only where that information will be maintained in confidence.
From time to time ACN is also required report to regulatory bodies or to present a summary of all our customer information, including your personal information, in statistical or analytical form to governmental authorities and industry organizations. When information is provided in statistical or analytical form, information that might specifically identify you will not be disclosed.
To receive payment for services prior to initially providing service, or at the time payment is due for an existing service, ACN often requires customers to conduct transactions with a credit or debit card. In order to facilitate future or recurring payments, fees, or other charges for services, ACN may require a customer to provide a credit or debit card to be stored for such future uses. Each customer's credit or debit card has a primary account number (“PAN”), cardholder name, expiration date and/or service code (collectively, “Cardholder Data”). ACN maintains a Payment Card Industry Data Security Standard (“PCI DSS”) compliance program, as well as other credit card controls that are consistent with PCI DSS.
Although ACN applies current industry standards in order to protect Cardholder Data, including PCI DSS, no method of processing, transmission, or storage of Cardholder Data is 100% secure. Therefore, ACN cannot guarantee that its safeguards will prevent every unauthorized attempt to access, obtain, use or disclose Cardholder Data. In the event a customer suspects a security issue regarding Cardholder Data, the customer should immediately contact ACN's Privacy Officer at the address listed at the end of this document.
Collection and Use
ACN will collect and use customer identifiable information for billing purposes, to provide and change service, to anticipate and resolve problems with your service, or to create and inform you of products and services that better meet your needs. This means that ACN may use your customer identifiable information, in conjunction with information available from other sources, to market new services to you that we think will be of interest to you, but we will not disclose your customer identifiable information to third parties who want to market products to you.
ACN has implemented and will update technological and security features to safeguard the privacy of your customer identifiable information from unauthorized access or improper use.
The company will not read or disclose to third parties private e-mail communications that are transmitted using ACN services, except as required to operate the service or as otherwise authorized by law. ACN will never request sensitive personal information through email. Do not respond to e-mails requesting credit information, account numbers, passwords or PINs. Call the company to verify the legitimacy of the e-mail.
ACN may also use customer identifiable information to investigate and help prevent potentially unlawful activity or if required by subpoena, search warrant, or other legal process.
ACN honors requests from customers to review all customer identifiable information maintained in reasonably retrievable form, and will correct any such information which may be inaccurate. Customers may verify that appropriate corrections have been made.
ACN complies with all Federal laws and regulations, including the Children's Online Privacy Protection Act, which requires the consent of a parent or guardian for the collection of personally identifiable information from children under 13.
ACN complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. ACN has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view ACN's certification, please visit http://www.export.gov/safeharbor/. ACN adheres to these Safe Harbor Principles, as outlined below.
Notice and Choice: When ACN collects personal information from customers in the EU or Switzerland, ACN will inform them about the types of personal information it collects from them, the purposes for which ACN collects and uses it, and the types of third parties to the information may be disclosed. ACN will inform the customers about the choices and means that ACN uses of limiting the use or disclosure of such information.
Data Integrity: ACN seeks to ensure that any personal information held about EU and Swiss individuals is accurate, complete, current and otherwise reliable in relation to the purposes for which the information was obtained. ACN collects personal information that is adequate, relevant and not excessive for the purposes for which it is to be processed. EU and Swiss individuals have a responsibility to assist ACN in maintaining accurate, complete and current personal information about them.
Transfers To Third Parties: ACN will only transfer personal information about EU and Swiss individuals to third-parties where the third-party (a) has provided satisfactory assurances to ACN that it will protect the information consistently with this Statement; or (b) is located in the EU, Switzerland, or a country considered "adequate" for privacy by the EU Commission or Switzerland, as applicable; or (c) the third-party has also certified to the applicable Safe Harbor, and is accordingly independently responsible for complying with the Safe Harbor requirements.
Access and Correction: Upon written request to ACN, ACN will provide EU and Swiss individuals with reasonable access to their personal information. Except as may be subject to legal limitation, ACN will make reasonable steps to allow EU and Swiss individuals to review their information for the purposes of correcting their information.
Privacy Notice for California Residents
Effective Date: January 1, 2020
Last Updated: July 20, 2020
This Notice describes the types of information we may collect from you or that you may provide when you visit the website acninc.com (our “Website”) as well as our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Notice applies to information we collect:
§ On this Website; and
§ In email, text, and other electronic messages between you and this Website.
This Notice does not apply to information collected by:
§ Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates); or
§ Any third party (including our affiliates), including through any application or content (including advertising) that may link to or be accessible from the Website.
Persons Under the Age of 18
Our Website is not intended for persons under 18 years of age. No one under the age of 18 may provide any information to the Website. We do not knowingly collect personal information from anyone under the age of 18. If you are under the age of 18, 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 the age of 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 16, please contact us via our Site, at https://acn.com/us-en/faqs/acn/contact-acn. We do not sell any personal information, including the personal information of individuals under the age of 16.
Information We Collect About You
Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). Specifically, our Website has collected one of more data elements listed in the following categories of Personal Information designated with “Yes” in the “Collected” column from its consumers within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal Information Categories – as listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
L. Equipment information.
Information about your internet connection, the equipment you use to access our Website, and usage details.
Personal information does not include:
· Publicly available information from government records.
· Aggregated consumer information.
· Information excluded from the CCPA’s scope, like:
· health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data (only in the case of employees);
· personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
ACN, Inc. will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
How We Collect Information About You
ACN, Inc. obtains the categories of Personal Information listed above from the following types of sources:
Information You Provide to Us
The information we collect on or through our Website may include:
o Information that you provide by filling in forms on our Website;
o Records and copies of your correspondence, if you contact us;
o Details of transactions you carry out through our Website and of the fulfillment of your orders; and
o Your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, “Posted”) on public areas of the Website, including reviews (“User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
o Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website; and/or
o Information about your computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
o Estimate our audience size and usage patterns.
o Store information about your preferences, allowing us to customize our Website according to your individual interests.
o Speed up your searches.
o Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Our Do Not Track Policy
Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “do not track” signals.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information for the following purposes.
o To present our Website and its contents to you.
o To provide you with information, products, or services that you request from us.
o To fulfill any other purpose for which you provide it.
o To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
o To notify you about changes to our Website or any products or services we offer or provide though it.
o In any other way we may describe when you provide the information.
o For any other purpose with your consent.
Our Business Purposes
We use the personal information we hold about you to accomplish our business purposes, including:
- To conduct data analysis, for example, to improve the efficiency of our services;
- To conduct audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements;
- To monitor for fraud and security purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
- To develop new products and services;
- To consider ways for enhancing, improving, or modifying our current products and services;
- To identify usage trends, for example, understanding which parts of our services are of most interest to users;
- To determine the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
- For operating and expanding our business activities, for example, understanding which parts of our services are of most interest to our users so we can focus our energies on meeting our users’ interests.
We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
Additionally, we may use information that we collect about you in order to allow third-party vendors, including Google, to show you ads on sites across the Internet (e.g. remarketing).
Disclosure of Your Information
We do not sell, trade, or rent Users Personal Information to others and we have not done so during the preceding twelve (12) months.
o To our subsidiaries and affiliates.
o To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. In particular, we may disclose Personal Information to a third-party payment processing provider in order to process payments made by credit card. Further, we may disclose Personal Information to a third-party service provider if the fulfillment of your order requires that your order be provisioned and/or delivered directly from said third-party service provider to you.
o 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 ACN, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by ACN, Inc. about our Website users is among the assets transferred.
o To fulfill the purpose for which you provide it.
o For any other purpose disclosed by us when you provide the information.
o With your consent.
Purposes for Which We May Disclose Your Personal Information
We may also disclose your Personal Information:
o To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
o If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ACN, Inc., our Independent Business Owners (IBOs), customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.
ACN, Inc. may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We may share aggregated (not linked to you as an individual) information about our users without restriction.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, ACN, Inc. has disclosed the following categories of personal information for a business purpose: (A) Identifiers, (B) Personal Information Categories, (D) Commercial Information, (F) Internet or other similar network activity, and (L) Equipment Information.
Do Not Sell My Personal Information
ACN, Inc. will not sell your personal information and has not sold any personal information in the preceding 12 months.
Sales of Personal Information
In the preceding twelve (12) months, ACN, Inc. has not sold personal information.
Your Rights and Choices About How We Use and Disclose Your Information
We provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
o Disclosure of Your Information for Third-Party Advertising. We do not share your personal information with unaffiliated or non-agent third parties for promotional purposes.
Access to Specific Information and Data Portability Rights
You have the right to request that ACN, Inc. disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
o The categories of Personal Information we collected about you;
o The categories of sources for the Personal Information we collected about you;
o Our business purpose for collecting that Personal Information;
o The categories of third parties with whom we share that Personal Information;
o The specific pieces of Personal Information we collected about you (also called a data portability request); and
o If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
§ sales, identifying the Personal Information categories that each category of recipient purchased; and
§ disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that ACN, Inc. delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights, below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to accomplish any of the following.
o Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
o Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
o Debug products to identify and repair errors that impair existing intended functionality.
o Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.
o Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
o Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.
o Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
o Comply with a legal obligation.
o Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
o Submitting a request at email@example.com; or
o Sending communication to ACN, Inc., ATTN: CCPA Inquiry, 1000 Progress Place, Concord, NC 28025
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
o Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
o Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We will make all reasonable efforts to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period, not to exceed ninety (90) days, in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response electronically or, if unavailable, via postal mail.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
· Deny you goods or services.
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
· Provide you a different level or quality of goods or services.
· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please submit a request at firstname.lastname@example.org.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
If you have any questions or comments about this Notice, the ways in which ACN, Inc. collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
ATTN: CCPA Inquiry
1000 Progress Place
Concord, NC 28025