Privacy Policy
At Fenix Construction Academy we treat personal data with respect and sensitivity.
This privacy policy together with the legal notice, cookie policy, sales policy, terms and conditions, and any other policies referred to, identifies how we collect and process personal data received on this website.
The information on this website is not directed at children. A child is defined by the law of the jurisdiction in which they are located, in the case of the United States of America as someone under the age of 13. If the user believes that a child has provided personal information to this website without parental consent, the user should write to [email protected].
If the user is under 13 years of age, he/she must have the authorization of his/her parents or legal guardians to provide his/her data. FENIX CONSTRUCTION ACADEMY has no way to effectively check the age of users, so it is exempt from any liability if the user does not comply with the above. FENIX CONSTRUCTION ACADEMY complies with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
Responsible party's identification data
As required by current legislation, we inform you that:
The corporate name of the legal responsibilities and terms of use will be understood hereinafter as FENIX CONSTRUCTION ACADEMY.
Its registered office is located at 2830 Simpson Circle Norcross, GA, 30071, United States of America.
You can contact him at Email: [email protected]
His business activities are:
Training, Blogging, Training Academy for franchisees and clients in different areas of the Construction Industry.
Data requested on the website and purpose of processing.
- Name, surname, and email in the contact forms: to make any direct contact with FENIX CONSTRUCTION ACADEMY, either to raise questions, comments, suggestions, request a service or product, or any other information. Failure to provide the minimum necessary personal data will make it impossible for FENIX CONSTRUCTION ACADEMY to respond to the request.
- Name, email: to be able to make comments on the website blog.
- Name, surname, address, telephone, email, tax identification number: this information will be requested at the time of payment of the service to process everything related to the customer.
- Name, telephone, and e-mail for newsletter: with the express and voluntary consent of the owner of the data, the minimum information necessary to send an automated commercial newsletter will be requested on the website, where advertising, promotions, and other information about the services and/or products offered by FENIX CONSTRUCTION ACADEMY will be reported.
- E-mail: the e-mail address will be requested to access the customer area, according to the data provided at the time of creating the account.
FENIX CONSTRUCTION ACADEMY, at all times, will ensure that the user is given to the website, the contents, and the treatment of the user’s data is carried out most correctly. To do this, the user can always exercise their rights of access, rectification, limitation, cancellation, portability, forgetfulness, or opposition, all in full compliance with the guidelines of the laws governing the matter, writing to [email protected]
FENIX CONSTRUCTION ACADEMY, will not sell or sell the personal data of users to other companies or third parties.
FENIX CONSTRUCTION ACADEMY will share with third parties the data in its possession, only to fulfill the services contracted by a user, send the newsletter, comply with legal requirements, or the administration of the website. For this purpose, appropriate confidentiality agreements will be provided between the parties.
The links to third parties that can be found on the website have privacy policies outside FENIX CONSTRUCTION ACADEMY, access to these sites should be the responsibility of the user, being his responsibility to know them and his decision to accept them or not.
Forms
The website has 4 types of forms:
Contact: the user, customer, or participant may find forms that will facilitate communication with FENIX CONSTRUCTION ACADEMY to raise questions, comment, request a quote, or book any of the services offered on the website, or demand any right you have. Failure to provide the minimum necessary personal data will make it impossible for FENIX CONSTRUCTION ACADEMY to respond to the request. This treatment will be considered legitimate as part of a pre-contractual diligence. The FENIX CONSTRUCTION ACADEMY website and email server will be in charge of the processing.
For advertising: users, buyers, or participants will be asked for their express and voluntary consent to deliver to FENIX CONSTRUCTION ACADEMY, the minimum data necessary to send advertising and commercial information related to the services and/or products offered by FENIX CONSTRUCTION ACADEMY, to be added to an automated email marketing file managed by the data processor indicated below. The processing of personal data contained in this section has been done with the consent of the data subject.
For comments on the blog: in areas to avoid spam, and inappropriate messages, and make a correct follow-up, the user will be asked for his name, email, and website to identify him in the comments he wishes to make in the blog entries. This data will be visible to other users of the website. If you do not want the data to be visible to others, you should contact FENIX CONSTRUCTION ACADEMY at [email protected]. The website server will be in charge of the processing and it will be carried out with the consent of the owner of the data.
To process the service request: users, customers, or participants will be asked for their data so that FENIX CONSTRUCTION ACADEMY can process the services requested by the customer. Legitimate processing of personal data for the contractual relationship that exists with the customer or participant. The data will be stored on the website server.
Rights
The user has the following rights related to his data:
Access: the user can contact FENIX CONSTRUCTION ACADEMY to be able to know what data has been collected from him/her.
Rectification: the user can at any time rectify the data provided to FENIX CONSTRUCTION ACADEMY.
Opposition: provided it does not interrupt the provision of a service or a legal obligation held by FENIX CONSTRUCTION ACADEMY, the user may request the cessation of the processing of their data.
Deletion: as long as it does not interrupt the provision of a service, or a legal obligation held by FENIX CONSTRUCTION ACADEMY, the user may request the deletion of their data.
Limitation to the treatment: provided that it does not interrupt the provision of a service or a legal obligation held by FENIX CONSTRUCTION ACADEMY, the user may request that his data be treated in the way he limits them, for example requesting that they not be modified, erased or deleted.
Portability: provided that the user so requests and that this can be done, he/she may request a copy of his/her data in a structured, commonly used, machine-readable and interoperable format, or request that it be transmitted to another data controller, provided that the processing is legitimate based on consent or in the context of the performance of a contract.
Not to be subject to automated individual decisions: FENIX CONSTRUCTION ACADEMY does not carry out automated profiling that could significantly or negatively affect the user. Any decision taken based on an automated profile is for the sole purpose of sending the user information that he/she has requested according to his/her browsing habits and downloading of materials on the website.
Information: the user has the right to know how his or her data are treated.
For the exercise of any of these rights the user can write to the e-mail [email protected]
Data Processors
FENIX CONSTRUCTION ACADEMY needs the support of third parties to adequately offer its services and products, with whom it enters into confidentiality agreements and verifies compliance with regulations on the protection of personal data.
The data provided to these third parties may not be used for other purposes not authorized by the owner of the data.
In compliance with the principles of information and transparency, it is made known that these third parties are:
- Active campaign: used for email marketing and customer management. This service will be provided by the company ActiveCampaign, LLC, whose office is located in the city of Chicago, USA. They have adopted data processing clauses approved by the European Commission, which can be consulted at this link: https://www.activecampaign.com/gdpr-updates/. You can see more information about privacy policy here at https://www.activecampaign.com/privacy-policy/.
- Biomarker: Video platform for live streaming by BigMarker.com, LLC. It is located in Chicago, USA. More information about their privacy policy can be found at https://get.bigmarker.com/legal/privacy-policy.
- Clickfunnels: a tool that manages the creation of landing pages and helps with statistics. It is run by the company Etison, LLC. located in the United States. They have adopted data processing clauses approved by the European Commission. More privacy information can be found at https://signup.clickfunnels.com/privacy-policy.
- Cloudflare: Hosting service provided by the company Cloudflare, Inc. which is located at 101 Townsend St, San Francisco, CA 94107- the USA, can be contacted via email at [email protected]. They have adopted data processing clauses approved by the European Commission which can be consulted at https://www.cloudflare.com/gdpr/introduction/. In case you would like more information about their privacy policy, please visit https://www.cloudflare.com/privacypolicy/
- Digital Ocean: Private server service provided by DigitalOcean, LLC located at 101 6th Ave, New York, NY 10013, USA. It has adopted Standard Data Protection Clauses approved by the European Commission which can be consulted at: https://www.digitalocean.com/legal/data-processing-agreement/. For more information on its privacy policy, see https://www.digitalocean.com/legal/privacy-policy/.
- Dropbox: Used for cloud hosting of documents related to the products or services offered on the website. Service provided by Dropbox, Inc, located in California, United States. They have adopted data processing clauses approved by the European Commission which can be consulted at https://aem.dropbox.com/cms/content/dam/dropbox/www/en-us/security/DBX%20GDPR%20Compliance%20Journey_2020_updated.pdf. For more information on their privacy policy, you can visit https://www.dropbox.com/privacy.
- Facebook: Tool used as a social network and to connect with the data subject. The service is provided by the company Facebook Ireland Ltd., its servers are located in the United States. They have adopted data processing clauses approved by the European Commission which can be consulted at: https://www.facebook.com/legal/terms/dataprocessing. . Their privacy policy can be consulted at https://www.facebook.com/business/gdpr. This tool also handles advertising that can be done on Whatsapp and/or Instagram, as well as data analysis and statistics for possible advertising segmentation.
- Google: sponsored advertising system (ADS), Web analytics service, to view statistics on the use of the website (Analytics), and tag management system (Tag Manager). These services are provided by the company Google LLC, located in Mountain View, California, United States of America. They have adopted data processing clauses approved by the European Commission which can be consulted at: https://cloud.google.com/security/gdpr/resource-center. For more information on their privacy policy, please visit https://policies.google.com/privacy.
- Gravity form: form building tool developed by Rocketgenius, Inc. located at 1620 Centerville Turnpike, Suite 102, Virginia Beach VA 23464-6500, USA. They have adopted data processing clauses approved by the European Commission which can be consulted at: https://docs.gravityforms.com/wordpress-gravity-forms-and-gdpr-compliance/. For more information on privacy policy visit: https://www.gravityforms.com/privacy/.
- Hotjar: Hotjar is a tool that allows you to perform heatmap analysis, and recordings, build funnel reports, form analysis, and even pose widgets or surveys to website visitors with the sole purpose of improving conversion. It is located at Hotjar Ltd, Level 2, St Julians Business Centre,3, Elia Zammit Street St Julians STJ 1000, Malta, Europe. It can be contacted via email at [email protected] and its privacy policy can be viewed at https://www.hotjar.com/legal/policies/privacy.
- HubSpot: tool to automate commercial newsletters and send to the e-mail address of the owner of the data, advertising products, and/or services offered on the site. It is provided by HubSpot, Inc. with headquarters at 25 First Street, 2nd Floor, Cambridge, MA 02141 USA. For visitors from the European Economic Area (“EEA”), the responsible for the processing of personal data is HubSpot Ireland Limited with headquarters on the 2nd Floor, 30 North Wall Quay Dublin 1, Ireland. They have entered into standard data protection clauses approved by the European Commission which can be viewed at: https://legal.hubspot.com/br/dpa. For more information on their privacy policy visit: https://legal.hubspot.com/br/privacy-policy
- Instagram: Social network and application for uploading photos and videos owned by Facebook Inc. which is located at 1601 Willow Road Menlo Park, CA 94025, United States of America. If outside the United States of America or Canada, the data controller responsible for the information is Facebook Ireland Ltd., which is located at 4 Grand Canal Square Grand Canal Harbour, Dublin 2, Ireland. They have adopted data processing clauses approved by the European Commission which can be consulted at: https://www.facebook.com/legal/terms/dataprocessing. For more information on privacy policy go to: https://help.instagram.com/155833707900388.
- Kajabi: content marketing platform, developed by Kajabi, LLC, located at 15495 Sand Canyon Ave Suite #300 Irvine, CA 92618, USA. It has signed up to EU Commission-approved Standard Clauses which can be viewed at: https://help.kajabi.com/hc/en-us/articles/360042185814-GDPR-Your-Path-to-Compliance#h_01EK0MAWMBT40E4NMEB570XMF4. For more information on the privacy policy visit: https://kajabi.com/policies/privacy.
- Linkedin: Social network oriented to companies, businesses, and employment. It can be contacted at https://www.linkedin.com/help/linkedin?lang=es and its privacy policy can be viewed at https://www.linkedin.com/legal/privacy-policy.
- PayPal (Europe) S.à r.l. et Cie, S.C.A.: company used to handle debit and credit card payments on the website. Located at 22-24 Boulevard Royal L-2449, Luxembourg. For more information, you can visit https://www.paypal.com/es/webapps/mpp/ua/privacy-full?locale.x=es_ES
- Facebook Pixel: analytics tool for advertising, used to learn about the actions of data subjects on this website. This service is provided by Facebook, Inc. which is located at 1601 Willow Road Menlo Park, CA 94025, United States of America. If outside the United States of America or Canada, the data controller responsible for the information is Facebook Ireland Ltd., which is located at 4 Grand Canal Square Grand Canal Harbour, Dublin 2, Ireland. They have adopted data processing clauses approved by the European Commission which can be consulted at: https://www.facebook.com/legal/terms/dataprocessing. For more information on the privacy policy, please visit https://www.facebook.com/privacy/explanation.
- Sendgrid: a customer communications management tool developed by Twilio Inc. a Delaware corporation, located at 375 Beale Street, Suite 300, San Francisco, CA 94105. It has adopted Standard Data Protection Clauses approved by the European Commission which can be found at: https://www.twilio.com/legal/data-protection-addendum. For more information on its privacy policy, see https://www.twilio.com/legal/privacy.”
- Smartlook: web analytics service, to view website usage statistics, developed by Smartlook.com, s.r.o., Company reg. no.: 095 08 830, VAT ID: CZ09508830, domiciled at Šumavská 524/31, Veveří, 602 00 Brno, Czech Republic. Their privacy policy can be viewed at: https://help.smartlook.com/en/articles/3244452-privacy-policy
- Stripe is a tool used to manage debit and credit card payments on the website. The service is provided by Stripe Inc. which is located in the United States. They have adopted data processing clauses approved by the European Commission which can be consulted at: https://stripe.com/dpa/legal. For more information on https://stripe.com/us/privacy
- Thrive Cart: payment management tool that is operated by WebActix Ltd located in New Zealand. To learn more about their privacy policy, please visit https://legal.thrivecart.com/platform/gdpr/.
- TikTok: Social networking and video uploading application owned by TikTok Technology Limited located at 10 Earlsfort Terrace, Dublin, D02 T380, Ireland. For UK users: TikTok Information Technologies UK Limited, WeWork, 125 Kingsway, London, WC2B 6NH, United Kingdom. For more information on privacy policy log on to: https://www.tiktok.com/legal/privacy-policy?lang=es
- Twitter: Social network based in San Francisco, California, with subsidiaries in San Antonio and Boston in the United States, provided by the company Twitter, Inc. They have adopted data processing clauses approved by the European Commission which can be consulted at: https://gdpr.twitter.com/. They can be contacted at https://help.twitter.com/en/contact-us and their privacy policy can be viewed at https://twitter.com/es/privacy.
- Typeform: a tool for the creation of forms and surveys developed by TYPEFORM SL located at Carrer Bac de Roda, 163, local, 08018 – Barcelona (Spain). For more information about privacy policy visit: https://admin.typeform.com/to/yFvrNI/
- Vimeo: platform created for the provision of videos. This service is provided by Vimeo, Inc. located in the United States, which has adopted data processing clauses approved by the European Commission. For more information on their privacy policy, you can visit https://vimeo.com/privacy.
- VWO: a website optimization and testing tool developed by Wingify Software Pvt. Ltd. located at 1104, 11th Floor, KLJ Tower North B-5, Netaji Subhash Place, Pitampura, Delhi – 110034, India. They have adopted data processing clauses approved by the European Commission which can be consulted at: https://help.vwo.com/hc/en-us/sections/360004958813-GDPR. Their privacy policy can be consulted at https://vwo.com/privacy-policy/.
- WhatsApp: The tool used for communication with users, buyers, customers, and participants through the company WhatsApp Ireland Limited (for those located in Europe), can be contacted through the link https://www.whatsapp.com/contact/?subject=messenger and their privacy policy can be viewed at https://www.whatsapp.com/legal?eea=1#privacy-policy.
- WP Engine: Hosting Service (web storage) provided by WPEngine, Inc. located at 504 Lavaca Street, Suite 1000, Austin, TX 78701-USA. It has adopted Standard Data Protection Clauses approved by the European Commission which can be consulted at: https://wpengine.com/legal/dpa/. For more information on its privacy policy, see https://wpengine.com/legal/privacy/.
- Zendesk: customer management system developed by REDK INGENIERÍA DEL SOFTWARE, S.L. with address at C/ José Abascal nº 53, 5ª planta, CP: 28003. Madrid-Spain. You can consult its privacy policy at: https://www.redk.net/es-ES/politica-de-privacidad/
- Zoom: a tool used for videoconferencing. This service is provided by the company Zoom Video Communications, Inc. located in the United States of America, which has adopted data processing clauses approved by the European Commission that can be consulted at: https://zoom.us/gdpr. If you wish to obtain more information about its privacy policy, you can consult https://zoom.us/privacy.
In specific cases FENIX CONSTRUCTION ACADEMY may use applications or tools that have not been included or named in this list, the above for being a better option to assist in the performance of a particular task; if this happens FENIX CONSTRUCTION ACADEMY will notify this situation to its users, customers or participants as appropriate.
Policies related to the Newsletter
These policies shall be understood at all times as a complementary part of the terms and conditions set forth on the website, both being equally applicable at the time of a dispute. The privacy and intellectual property policy applied shall be the same as that outlined in the terms and conditions of the website.
Newsletter” shall be understood as the digital bulletin that FENIX CONSTRUCTION ACADEMY periodically sends to its subscribers through an external email service provider, to which the user has subscribed voluntarily.
FENIX CONSTRUCTION ACADEMY is under no obligation to send the newsletter in defined periods, so it is completely free to do so when it deems appropriate. The user may at any time exercise their rights of access, rectification, cancellation, or opposition by following the instructions in the footer of the newsletter.
The user must not share its content with third parties, as this would violate the copyright of FENIX CONSTRUCTION ACADEMY. The only possible distribution channel is the one managed and/or authorized by FENIX CONSTRUCTION ACADEMY.
FENIX CONSTRUCTION ACADEMY will not be responsible for the content of third parties exposed in the newsletter, any dispute arising should be dealt directly with the person or company of which mention is made.
All material displayed in the newsletter is protected by copyright in favor of FENIX CONSTRUCTION ACADEMY, and in the case of belonging to third parties, it is understood that FENIX CONSTRUCTION ACADEMY has due authorization to use it as agreed with the author.
Legitimate Interest
When a launch of new products or services, or special promotions for a specific time, the name and email addresses of users of the website will be collected through a form. This processing of personal data will be done based on the legitimate interest that FENIX CONSTRUCTION ACADEMY has to increase its sales, publicize its products or services and fulfill the purpose of sending the owner of the data the information promised on the website.
This treatment will be carried out for as long as the legitimate interest of FENIX CONSTRUCTION ACADEMY lasts. To increase the guarantees and respect for privacy, the possibility of opting out of this advertising is offered by an easy and immediately executable method, located at the bottom of the emails you receive.
To find out if this interest is proportionate and respectful of the rights of data subjects, a weighting has been performed that can be requested at any time by writing to the email [email protected] provided for electronic commercial newsletters and comments on the blog, will be for as long as the data subject wishes to remain on the subscription list, so you can unsubscribe at the time you want, automatically as indicated in each newsletter, or by writing to [email protected]
Residents of California, United States
FENIX CONSTRUCTION ACADEMY complies with the California Consumer Privacy Act of 2018 (“CCPA”). California residents have the right to request that FENIX CONSTRUCTION ACADEMY disclose what personal information it has collected, used, disclosed, and sold during the 12 months before receipt of such request. To exercise this right, as well as the right to delete or object to the processing of your data, you should write to [email protected].