PRIVACY POLICY
Updated: JUNE 27, 2026
Introduction
We care about your privacy online, so here is relevant information
regarding privacy on our Website, FOUNDATIONALFACILITYMANAGEMENT.COM as owned
and operated by FOUNDATIONAL FACILITY MANAGEMENT CONSULTING LLC (“we”; “us”; or
“our”). Our goal is to safeguard the privacy of all our visitors and users; to
explain who we are and how
and why we collect, store, use, and share personal information; and to explain
your rights in relation to your personal information. By using this
Website, you agree to the following Privacy Policy. Please read this policy
carefully before using this Website. This Policy applies to this Website, and
any sites, mobile apps, or products that display or link to this Policy. It
does not apply to any website, mobile app, service, or product that does not
display or link to this Policy or that contains its own privacy policy.
ARBITRATION
AND DISPUTE RESOLUTION
For
avoidance of doubt, you acknowledge that the transmission of certain technical
information (such as IP address, browser type, and routing data) is a necessary
and lawful part of Internet communication in order to provide you with the
information and services of this website and that you have given your consent
for us to collect this information to operate our website.
By
accessing or using this Website, you agree that any dispute, claim, or
controversy arising out of or relating to the Company’s collection, use,
disclosure, or retention of your personal information, including but not
limited to any claim under the California Invasion of Privacy Act (“CIPA”), the
California Consumer Privacy Act (“CCPA”), the Illinois Biometric Information
Privacy Act (“BIPA”), or similar state privacy or wiretap laws, shall be
resolved exclusively through binding arbitration, rather than in court. You
waive any right to a jury trial.
Notwithstanding
the foregoing, the Company retains the right to bring or move an individual
claim in small-claims court in PASCO COUNTY, FL to resolve disputes that fall
within that court’s jurisdictional limits.
Individual Arbitration
Only
All
disputes must be brought in your individual capacity and not as a plaintiff or
class, collective, consolidated, or representative participant. The arbitrator
shall not consolidate or join the claims of other users. If a court determines
that this waiver of class or representative actions is unenforceable with
respect to a particular claim, that claim must be severed and proceed in court
while the remaining claims continue in arbitration.
Governing Forum and Rules
Arbitration
shall take place in WESLEY CHAPEL, FL before the American Arbitration
Association under its rules. Judgment on the award may be entered in any court
of competent jurisdiction.
This
Agreement and any dispute arising hereunder shall be governed solely by the
laws of the State of FLORIDA, without regard to its conflict-of-laws
principles.
No other
state’s law shall apply extraterritorially to conduct occurring wholly outside
that state, unless the Company expressly designates that state’s law in writing
for a particular agreement or transaction.
All
arbitration proceedings shall remain confidential, except as disclosure is
required by law.
Pre-Arbitration Notice
and Informal Resolution
Before
initiating arbitration, you must send a written notice of dispute to
DUSTIN@FOUNDATIONALFMC.COM identifying your name, contact information, and the
specific date and nature of the claim, including any alleged technology or data
collection practice involved. Both parties will make a good-faith effort to
resolve the dispute informally. If the dispute is not resolved within sixty
(60) days, either party may commence arbitration.
Opt-Out Option
You may
opt out of this arbitration agreement by providing written notice to
DUSTIN@FOUNDATIONALFMC.COM within thirty (30) days after first accepting this
Privacy Policy or otherwise providing personal information through this
Website. If you opt out, you retain your right to bring individual claims in
court, but waive participation in any class or representative action.
Safe-Harbor
Nothing
in this clause waives any statutory or common-law defenses, including the
defense that the Company’s use of cookies, pixels, or analytics technologies is
permitted under applicable law.
Survival and Severability
This
arbitration provision survives termination of your relationship with the
Company. If any portion of this provision is found unenforceable, that portion
shall be severed and the remainder enforced to the maximum extent permitted by
law, except that if the class/representative-action waiver is found
unenforceable, the entire arbitration provision shall be void as to that claim.
WEBSITE
USE
No Use for Children
Our Website and any offerings or services on it are not
intended for anyone under 13 years of age or anyone considered a child under
their country’s laws. If you are under 13, you may
not use or provide any information on this Website, use any of its features,
register for an account, make any purchases, use any of the interactive or
public comment/community features, or provide any information about yourself to
us.
If we learn that we have received personal information
from a child without validated parental consent, we will delete that
information. If you believe we might have any information from or about a child
under 13, please contact us at DUSTIN@FOUNDATIONALFMC.COM
PERSONAL
INFORMATION WE COLLECT AND USE
We collect a variety of information from you when you visit our
Website, make purchases, or interact with us on social media or with
advertising partners. By accepting this Privacy Policy, you specifically
consent to our collection of the data described below, to our use of the data,
to the processing of this data, and to our sharing of the data with third-party
processors as needed for our legitimate business interests. We retain this data
as long as necessary for business purposes, legal purposes, or dispute
resolution.
We use reasonable measures to protect
your personal information, including administrative and technical measures, but
we cannot guarantee zero security risks.
The information we collect may include:
Personal Data: Personal data is information
that can be used to identify you specifically, including your name, shipping
address, email address, telephone number, or demographic information like your
age, gender, or hometown. You consent to giving us this information by providing
it to us voluntarily on our Website or any mobile application. You provide some
of this information when you register with or make purchases from our Website.
You may also provide this information by participating in various activities
associated with our site, including interacting with any community features or
providing user-generated content, contacting us with questions, or
participating in any group or community activity. Your decision to disclose
this data is entirely voluntary.
Derivative Data: Derivative data is information
that our servers automatically collect about you when you access our Website,
such as your IP address, browser type, the dates and times that you access our
Website, and the specific pages you view. If you are using a mobile
application, our servers may collect information about your device name and
type, your phone number, your country of origin, and other interactions with
our application or service.
Financial Data: Financial data is data that is
related to your payment method, such as credit card or bank transfer details.
We collect financial data in order to allow you to purchase, order, return, or
exchange products or services from our Website and any related mobile apps. We
store limited financial data. Most financial data is transferred to our payment
processors, Wave, Easy Digital Downloads, and you should review these
processors’ respective Privacy Policies to determine how they use, disclose,
and protect your financial data.
Social Networking Data: We may access personal
information from social networking sites and apps, including but not limited
to: Facebook, Instagram, LinkedIn, Twitter, Pinterest, TikTok, or other social
networking sites or apps not named specifically here, which may include your
name, your social network username, location, email address, age, gender,
profile picture, and any other public information linked to those accounts. If
you do not want us to access this information, please go to the specific social
networking site and change your relevant privacy settings.
Mobile Device Data: If you use our Website via a
mobile device or app, we may collect information about your mobile device,
including device ID, model and manufacturer, and location information.
Other Data: On occasion, you may give us
additional data by entering a contest or giveaway or to participate in a
survey. You will be prompted for this information, and it will be clear that
you are voluntarily offering this kind of information.
TRACKING
TECHNOLOGIES AND ONLINE INTERACTIONS
We and our service providers may use cookies,
pixels, tags, scripts, session replay tools, and similar tracking technologies
to operate our website, understand how visitors interact with our content,
improve user experience, measure performance, enhance security, prevent fraud,
and support marketing and advertising efforts.
These technologies may collect information
about your interactions with our website, including pages viewed, features
used, clicks, scrolling activity, time spent on pages, referring URLs, and
general device or browser information. In some cases, this may include
recordings or reconstructions of website interactions (commonly referred to as
“session replay” or interaction monitoring).
We use this information to:
●
operate and maintain our website;
●
analyze usage and improve functionality;
●
diagnose technical issues;
●
protect against misuse or fraudulent activity;
and
●
support marketing, advertising, or
communications efforts.
We do not intentionally use these technologies
to capture the contents of private communications, such as payment information,
passwords, or sensitive personal data submitted through secure forms.
Your Choices
You may control or limit the use of certain
tracking technologies through your browser settings, device preferences, or by
interacting with any cookie consent or preference management tools made
available on our website. Please note that disabling certain technologies may
affect website functionality.
By accessing or using our website after being
presented with notice of these tracking practices, you acknowledge and consent
to our use of tracking technologies as described in this Privacy Policy, to the
extent permitted by applicable law.
How We Use Your Information
Your personal information allows us to offer you certain products
and services, including the use of our Website; to fulfill our obligations to
you; to customize your interaction with
our company and our Website; and to allow us to suggest other products and
services we think might interest you. We generally store your data and transmit
it to a third party for processing. However, to the extent we process your
data, we do so to serve our legitimate business interests (such as providing
you with the opportunity to purchase our goods or services and interact with
our Website).
Specifically, we may use the information and data described above
to:
● Create and administer your account
● Deliver any products or services purchased by you to you
● Correspond with you
● Process payments or refunds
● Contact you about new offerings that we think you will be
interested in
● Interact with you via social media
● Send you a newsletter or other updates about our company or
Website
● Deliver targeted advertising
● Request feedback from you
● Notify you of updates to our product and service offerings
● Resolve disputes and troubleshoot any problems
● Administer contests or giveaways
● Generate a profile that is personalized to you, so that future
interactions with our Website will be more personal
● Compile anonymous statistical data for our own use or for a third
party’s use
● Assist law enforcement as necessary
● Prevent fraudulent activity on our Website or mobile app
●
Analyze trends to improve our
Website and offerings
Why We Disclose Your Information
We may share your information with third parties in certain
situations. In particular, we may share your data with third-party processors
as needed to serve our legitimate business interests, which include
administration of our Website, administration of your account, entering into
contracts with you, communicating with you, taking orders for goods or
services, delivering our goods and services, identifying trends, protecting the
security of our company and Website, and marketing additional goods and services
to you. The legal basis for our disclosure of your data is both your consent to
this Privacy Policy and our own right to protect and promote our legitimate
business interests.
The following are specific reasons why we may share your
information.
Third-Party Processing: We may disclose your information
to third parties who assist us with various tasks, including payment
processing, hosting services, email delivery, and customer service.
By Law: We may share your data as
required by law or to respond to legal process, including a subpoena, or as
necessary to protect the rights, property, and safety of others. This includes
sharing information with other parties to prevent or address fraud and to avoid
credit risks.
To Protect our Company: We may use your information to
protect our company, including to investigate and remedy any violations of our
rights or policies. We may also disclose your information as reasonably
necessary to acquire and maintain insurance coverage, manage risks, obtain
financial or legal advice, or to exercise or defend against legal
claims.
Affiliates: We may share your personal information with
our business affiliates who promote our product(s) or service(s) for a
commission fee. We require our affiliates to honor this Privacy Policy. They
are not allowed to spam you and must disclose they are an affiliate for us. If
they do not do so, they are in violation of their affiliate terms and this
Privacy Policy, and any violation of this nature should be reported to DUSTIN@FOUNDATIONALFMC.COM.
Advertisers: We may use third-party advertising companies
to run and manage our ads and to produce ads that appear when you visit our
Website or mobile app. These companies may use information about your visit to
our Website and other Websites that are contained in web cookies to offer you
personalized advertisements about goods and services that might interest you.
We cannot control the activities of other advertisers or websites and you
should consult the respective Privacy Policies of these third-party advertisers
for more detailed information on their practices as well as for instructions
about how to opt-out of certain practices.
[SMS Marketing: We value
your privacy and the information you consent to share in relation to our SMS
marketing service. We may use this information to send you text notifications [(e.g.
scheduling updates, updates about your order including abandoned checkout
reminders, marketing offers, and transactional text including requests for
reviews from us. Our website uses cookies to keep track of items you put into
your shopping cart, including when you have abandoned your checkout. This
information is used to determine when to send cart reminder messages via SMS.
If you wish to unsubscribe from receiving text marketing messages and
notifications, reply with STOP to any mobile message sent from us or use the
unsubscribe link we provide you with in any of our messages. You understand and
agree that alternative methods of opting out, such as using alternative words
or requests will not be accounted as a reasonable means of opting out. Message
and data rates may apply. For any questions, please text HELP to the number you
received the messages from. You can also contact us for more information. If
you wish to opt out, please follow the procedures above.]
Other Third Parties: We may share information with
advertisers, our investors, or other third parties for the purpose of
conducting general business analysis. If we do so, we will make reasonable
efforts to inform you if required by law.
Sale or Bankruptcy: If our whole company or some of
its assets are sold, merged, restructured or the company goes out of business
or enters bankruptcy, your information may be an asset that is transferred to a
third-party successor. Such a successor is not bound by this Privacy Policy and
may have its own privacy terms.
Interaction with Others: If you interact with others on
our Website or mobile app, such as participating in a group chat, group video,
program, or online course, other users may have access to some of your data,
including your name, image, likeness, profile picture, and your history of
interaction with our Website, such as prior comments or posts. Your
participation in any such interaction or recording is your consent to that
recording and a release of all moral rights to the recording or interaction.
User-Generated Content: If you submit user-generated
content including any comments, reviews, or posts online, that content may be
viewed by others, and we may distribute that content outside the Website for
any purpose.
External Links: Our Website may include links to
other Websites not controlled by us. We do not regularly monitor the websites
of third parties and are not responsible for any content on the sites or any
damages you suffer by using these links. We are not bound by the privacy
policies of any third-party website that you access by a link, and they are not
bound by ours. We encourage you to read the policies of those third-party
websites before interacting with them or making purchases as they may collect
different information via different methods than us.
Other Purposes: We may disclose your personal
data as necessary to comply with any legal obligation or to protect your
interests, or the vital interests of others or our company.
INTERNATIONAL
USERS AND GDPR
If you
are located outside[1]
of the United States, including in the European Economic Area (“EEA”), the
United Kingdom, or Switzerland, please note that your personal information may
be transferred to, processed, and stored in jurisdictions that may not provide
the same level of data protection as your home country.
Where
required by applicable law, we rely on appropriate safeguards to facilitate
such transfers, which may include standard contractual clauses or other lawful
transfer mechanisms recognized under data protection laws.
You may
have additional rights under applicable data protection laws, including the
right to access, correct, delete, or restrict the processing of your personal
information, as well as the right to object to certain processing activities.
To
exercise these rights, please contact us using the information provided below.
If you would like further information, see “How to Contact Us”
below or email us at DUSTIN@FOUNDATIONALFMC.COM. If you are covered by the
General Data Protection Regulation, you have a number of rights, including the
rights to:
●
Fair processing of information and
transparency over how we use your personal information.
●
Access to your personal
information and to certain other supplementary information that this Privacy Policy
is already designed to address.
●
Correcting
any mistakes in your information which we hold.
●
Erasure
of personal information concerning you in certain situations.
●
Receiving the personal information
concerning you which you have provided to us, in a structured, commonly used
and machine-readable format and the right to transmit that data to a third
party in certain situations.
●
Objecting at any time to
processing of personal information concerning you for direct marketing.
●
Objecting to decisions being taken
by automated means which produce legal effects concerning you or similarly
significantly affect you.
●
Objecting in certain other
situations to our continued processing of your personal information and
restricting our processing of your personal information in certain
circumstances.
You may also have the right to claim compensation for damages
caused by our breach of any data protection laws.
For further information on each of those rights, including the
circumstances in which they apply, see the Guidance from the UK Information
Commissioner’s Office (ICO) on individuals’ rights under the General Data
Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
If you would like to exercise any of those rights, please:
●
Email, call, or write to us.
●
Provide us enough information to
identify you (e.g., name, e-mail address, mailing address, username, billing
details).
●
Provide us proof of your identity
and address (we may request additional information reasonably necessary to
verify your identity, which may vary depending on the request.)
●
Provide us with the information to
which your request relates, including any account, order or reference numbers,
if you have them.
STATE
PRIVACY RIGHTS AND DISCLOSURES
Depending on your state of residence, you may
have certain rights regarding your personal information, including the right to
request access to, correction of, or deletion of personal information, and the
right to opt out of certain processing activities, such as targeted advertising
or profiling, where applicable.
Categories of Personal Information Collected
We may collect the following categories of
personal information:
●
identifiers and contact information;
●
commercial information, such as transaction
records;
●
internet or electronic activity information,
including website interactions;
●
device and technical information;
●
professional or business-related information;
and
●
any other information you voluntarily provide
to us.
Categories of Personal Information Disclosed
We may disclose personal information to:
●
service providers and processors who perform
services on our behalf (such as website hosting, analytics, email delivery,
payment processing, customer support, and security);
●
professional advisors, including legal or
accounting providers, as necessary; and
●
authorities or other parties where required by
law or to protect our rights.
We disclose personal information solely for
business and operational purposes and do not sell personal information or share
it for cross-context behavioral advertising, as those terms are defined under
applicable state privacy laws.
To exercise your rights, please contact us
using the information provided below. We will respond in accordance with
applicable law.
We provide these disclosures for transparency.
Nothing in this section is intended to extend the application of any state’s
law outside that state’s borders or modify the Company’s Arbitration and
Governing Law provisions, which designate FLORIDA as the exclusive governing
law and jurisdiction for any disputes.
Categories of Personal Information
We Collect
As described in the section “Personal
Information We Collect and Use,” we may collect or have collected within the
past 12 months the following categories of personal information as defined
under applicable law:
●
Identifiers (e.g., name, email
address, postal address, phone number, IP address)
●
Customer records information (Cal.
Civ. Code § 1798.80(e)) such as contact or billing information
●
Commercial information
(e.g., purchase history or payment details)
●
Internet or network activity information
(e.g., browsing history, search activity, interactions with our site or ads)
●
Professional or employment-related information
(e.g., job title or business contact details)
●
Inference data
(e.g., preferences or features we think may interest you)
We do not collect or process “sensitive
personal information” (such as government ID numbers, precise geolocation, or
racial/ethnic data) except as necessary to operate our business, complete
transactions, or comply with legal obligations.
CONSUMER PRIVACY RIGHTS
Depending on where you reside, you may have
some or all of the following rights regarding your personal information:
- Right
to Know or Confirm – to request details about the
categories and specific pieces of personal information we have collected,
the sources of that information, and the purposes for which it is used or
disclosed. - Right to Delete
– to request deletion of personal information we have collected from you,
subject to certain exceptions. - Right to Correct
– to request correction of inaccurate personal information we maintain
about you. - Right to Opt Out of
Sale or Sharing – to direct us not to sell or share your
personal information for targeted advertising. - Right to Limit Use
of Sensitive Personal Information – to restrict our use or disclosure of
sensitive personal information, if collected, to what is reasonably
necessary for the services you request. - Right to Data
Portability – to receive your personal information
in a portable and, to the extent technically feasible, readily usable
format. - Right
to Non-Discrimination – we will not deny services, charge
different prices, or provide a different level of quality because you
exercised a privacy right.
How to Exercise Your Rights
To exercise any of these rights, please contact us at:
Email: DUSTIN@FOUNDATIONALFMC.COM
Mail: 27047
ARROWBROOK WAY, WESLEY CHAPEL, FL 33544
Identity Verification
To protect your personal information and
prevent unauthorized requests, we may take reasonable steps to verify your
identity before responding to certain privacy-related requests.
Verification methods may vary depending on the
nature of the request and the sensitivity of the information involved. We will
seek to minimize the amount of information required for verification and may
offer alternative methods where appropriate.
Any information collected solely for identity
verification purposes will be used only to process your request and will be
deleted or securely disposed of once verification is complete, in accordance
with our data retention practices.
You may also authorize an agent to submit a
request on your behalf by providing written authorization or a valid power of
attorney.
Certain information may be exempt from
requests under applicable law. If we decline to act on a request, some
residents may be eligible for an appeal by emailing us with the subject line
“Privacy Appeal.”
Scope and Relationship to
Governing Law
This section is provided solely to meet
disclosure obligations under the State Privacy Laws.
It does not create contractual or
statutory rights for residents of other jurisdictions or expand any state law
beyond its intended reach.
All disputes arising under or related to this
Privacy Policy remain subject to the Arbitration and Governing Law provisions
above, which designate FLORIDA as the exclusive governing law and jurisdiction.
Nothing in this Privacy Policy is intended to expand the application of any
state privacy law beyond its statutory scope.
Do Not Track Signals
Pursuant to California law, we hereby disclose that we do
not currently honor Do Not Track signals issued by browsers or other
third-party sources.
Privacy Concerns, Contacting Us, Complaints
You can contact DUSTIN@FOUNDATIONALFMC.COM with any
questions or requests about these policies or your personal data.
LEGAL
DISCLOSURES OF PERSONAL INFORMATION
We may process, store, and disclose personal information
if required to do so by law or in the good-faith belief that such action is
necessary to 1) conform to the edicts of the law or comply with legal process
served on us; 2) protect and defend our rights or property; or 3) act under
exigent circumstances to protect the safety of the public or users of the site.
We comply with the Digital Millennium Copyright Act of
1998 and, as part of the compliance process, we may be required to disclose
whatever information we have for you to a copyright holder who has submitted a
complaint to us.
Severability
If any part of this Privacy Policy is deemed unlawful
and/or unenforceable, all other provisions contained herein will remain in full
force and effect.
Law and Jurisdiction
This Privacy Policy is governed by and construed in
accordance with United States law. Any dispute arising out of or related to the
information contained herein is subject to the dispute resolution
specified in these terms in the state of FLORIDA.
Privacy Policy Modifications and Updates
We may update and modify this Privacy Policy at any time.
You are advised to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this page.
Your use of the Website and/or its services serves as your acceptance of these
updated terms.
How to Contact Us
If you have any questions about this Privacy Policy,
please contact us at DUSTIN@FOUNDATIONALFMC.COM.