Lombardi Publishing Corporation is the publisher of the free editorial content investment e-newsletters Profit Confidential, Income Investors, and Lombardi Letter and their respective web sites and subscription-based and consumer financial advisory newsletters (herein collectively and individually the “Lombardi e-letters“).
The personal information you provide us with is used for delivery of the Lombardi e-letters you have opted in to receive (e.g. your name, address, and/or e-mail address). To help fund the cost of publishing the Lombardi e-letters, aside from the editorial content you will receive in the Lombardi e-letters, you will also receive advertisements for Lombardi Publishing Corporation paid content via e-mail and ad blurbs in our Lombardi e-letters. If you want to opt out from receiving these advertisements, or from receiving our Lombardi e-letters, you can do so by: (1) using the opt-out link that is at the bottom of our editorial and advertisements e-mails; (2) by contacting us at the mailing address below; or (3) by sending us an e-mail to the e-mail address below.
1. TYPES OF INFORMATION WE COLLECT
We collect personal information from you and any devices (including mobile devices) you use when you purchase products, subscribe to the e-mail list, or use our services. Some of this personal information, such as a way to identify you, is necessary to complete orders or provide requested information. The provision of all other personal information is voluntary, but may be necessary in order to use our services.
Examples of ways in which we may collect such information from you include the following:
Registration and ordering: Before ordering products through our site, you must complete a registration form and/or create an account. This will require you to provide certain personal information, including, but not limited to, your name, shipping and billing addresses, phone number, e-mail address, and payment information. In addition, you may also be asked to provide your country of residence so we can comply with applicable laws and regulations. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and this site, and for internal or third-party marketing and promotional purposes. If we encounter a problem when processing your order, we will use the personal information to contact you.
E-mail address: Some areas of the site allow you to enter your e-mail address for purposes including, but not limited to, registering for our newsletters, promotional e-mails, and e-mails from approved partners. You may unsubscribe at any time from receiving these messages by clicking on the “Unsubscribe” link contained in any promotional e-mail. (Please note that despite unsubscribing from such marketing communications, we may still contact you in relation to your order(s) or any issues relating to any business you conduct with us.)
1.1 We collect general types of information about you when you visit and use our web site; examples include personal information, demographic information, behavioral information, and indirect information. Sometimes we collect combinations of these types of information.
1.2 “Personal information” is information that can be used to identify you or any other individual to whom the information may relate. This is information you are prompted to provide to us. Such information may include your name, address, telephone number(s), mobile numbers, IP address and e-mail address, credit card number(s), bank account(s), or other unique information about yourself that you provide to us during the registration process or though the course of communicating with us about the products and services provided on our web site. We may collect this same information about any other person when you provide it to us.
1.3 “Demographic information” is information that may or may not be unique to you in the sense that it refers to selected population characteristics. Such information may include, but is not limited to, zip code, mobile phone carrier, age, gender, salary range, education and marital status, occupation, industry of employment, and personal and online interests.
1.4 “Behavioral information” is information that is automatically collected pertaining to how you use our web site, the areas of our web site that you visit, what services you access, and information about your computer hardware and software, including your Internet protocol (IP) address, geographic location, browser preference, operating system type, domain names, times that you access the Internet, and other web sites you have visited.
1.5 “Third-party information” is information about you that we acquire from a third party that may include personal, demographic, behavioral, and indirect information. This collection may include, but is not limited to, first-party cookies, third-party cookies, anonymous cookies, persistent identifiers, e-mail opt-in, and search engine keywords. We have no access or control over these cookies and other tracking devices used by third-party advertisers and networks. We hold no responsibility or liability for the policies and practices of these parties.
1.7 No Information Collected from Children: We will never knowingly collect any personal information from children under the age of 13. If we obtain actual knowledge that we have collected personal information about a child under the age of 13, that information will be immediately deleted from the database. Because we do not collect such information, we have no such information to use or to disclose to third parties.
1.8 No Sensitive Health Information Is Collected: We do not collect information about past, present or potential future medical conditions or treatments.
1.9 Credit Card Information and Bank Account Information: We may, in certain instances, collect credit card number(s), bank account information, and related information when you place an order on our web site. When the credit card or bank account information is submitted to us, such information is encrypted and is protected with SSL encryption software. We will use the credit card information or bank account information for the purposes of processing and completing the transaction you requested. Such information will be disclosed to third parties as necessary to complete the requested purchase transaction.
Browser information: Browser information is used by us to analyze user trends, administer our web sites, help prevent fraudulent activity, and help collect demographic information. This tracking information may be shared with our affiliated companies, but only as collective information. Individual activity will not be shared externally unless we are required to do so by law, or to protect Lombardi e-letters, our other customers, or anyone else who may be at risk.
2.2 Web Beacons: We use electronic images known as web beacons (sometimes called single-pixel gifs, clear gifs, or action tags) that allow us to collect information about your visit to our web site, measure and improve the effectiveness of advertisements, and track delivery of advertising. Web beacons collect only a limited set of information, including a cookie number, time, and date of page view, as well as a description of the page on which the web beacon resides. We may also use web beacons in e-mail messages sent to you. This allows us to determine if you opened or acted upon the e-mail messages. Because web beacons are the same as any other content request, you cannot opt out or refuse them. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.
2.4 Mobile Analytics: As part of our analytics, the Lombardi e-letters uses software that enables us to get a better understanding of how our sites look and work on mobile devices. Mobile analytics software tracks information on how you interact with our sites on your mobile device. The mobile tracking information we collect may be shared with our affiliated companies, but only collectively. Information on your individual visits will not be shared externally unless we are required to do so by law, or to protect the Lombardi e-letters, our other customers, or anyone else who may be at risk.
3.1 We endeavor to safeguard and protect your personal information. We employ physical, electronic, and procedural safeguards to protect the personal information you provide to us. When you submit information on our web site, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Currently, we use Secure Socket Layer (SSL) software to protect data and secure any transactions. SSL encrypts information, including credit card number(s) and names and addresses, as they are transmitted over the Internet. Please be advised that although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our web site is at your own risk. However, access to your information is strictly limited and not accessible to the public.
4. HOW WE USE YOUR PERSONAL INFORMATION
We use the personal information we collect from you for a range of different business purposes and according to different legal bases of processing. The following is a summary of how and according to which legal bases we use your personal information.
4.1 We use your personal information to fulfill a contract with you and provide you with our services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:
a) To provide payment processing and account management; operate, measure and improve our services; keep our services safe, secure and operational; and customize site content that includes items and services that you may like in response to actions that you take.
b) To contact you regarding your account, to troubleshoot problems with your account or order, to resolve a dispute, to collect fees or monies owed, or as otherwise necessary to provide you with customer service.
c) When contacting you for such purposes as outlined above, we may contact you via e-mail, telephone, SMS/text messages, postal mail, and/or mobile push notifications.
d) To provide other services requested by you as described when we collect the information.
e) We use general location information to provide you with location-based services (such as advertising and other personalized content).
f) To prevent, detect, mitigate, and investigate fraud, security breaches, or other potentially prohibited or illegal activities.
4.2 We use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes:
a) Contacting you via e-mail or postal mail in order to offer you coupons, discounts, and special promotions; poll your opinions through surveys or questionnaires; and inform you about our services, as authorized by applicable law.
b) Delivering targeted marketing, service updates, and promotional offers based on your communication preferences.
c) Measuring the performance of our e-mail marketing campaigns (e.g. by analyzing open and click rates).
d) Monitoring and improving the information security of our site.
4.3 With your consent, we may use your personal information to:
a) Provide you with marketing via telephone calls, e-mail, SMS, or text.
b) Provide you with marketing from third parties.
c) Customize third-party advertising you might see on third-party web sites.
You have the right to withdraw your consent at any time.
We will not make automated decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are required by law to use such technology.
5. DISCLOSURE OF INFORMATION
We may disclose your personal information to the following parties for the following purposes:
5.2 We may disclose necessary personal information to third parties or service providers that help us provide services to you or deliver paid products to you. For example, we will disclose your billing information to payment processors for the purpose of processing transactions you execute with us. Also, we will disclose your shipping address to fulfillment and shipping contractors to deliver your order.
We may also provide your name, customer history, and mailing address to third parties—such as service providers, contractors, and third-party publishers and advertisers—for a variety of purposes, unless you choose to opt out by mailing email@example.com, stating that you wish to be removed from third-party direct mailing offers, along with your name and mailing address.
(b) Web site functionality: We share your information with companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our web site, analyze our data, provide marketing assistance, process credit card payments, and provide customer service.
(c) Anonymous information: We share aggregated anonymous information about you, combined with other persons using our web site, with third parties, so that they can understand the kinds of visitors that come to our web site and how those visitors use our web site. This includes demographic information and behavioral information.
(d) Legal process: We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights, property, or affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
(e) Acquisition or merger: We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver, or administrative receiver may sell, license, or otherwise dispose of such information in a transaction approved by the court.
6. ACCESS YOUR INFORMATION
6.1 You can see, review, and change most of your personal information by requesting it from the Privacy Officer below. Please update your personal information immediately if it changes or is inaccurate.
We will honor any statutory right you might have to access, modify, or erase your personal information. To request access and to find out whether any fees may apply, if permitted by applicable national laws, please contact us using the information below. Where you have a statutory right to request access or request the modification or erasure of your personal information, we can still withhold that access or decline to modify or erase your personal information in some cases in accordance with applicable national laws.
Upon your request, we will remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable national laws.
7. HOW LONG WE KEEP YOUR PERSONAL INFORMATION
The precise periods for which we keep your personal information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, contractual agreements, warranties, the period during which a claim can be made with respect to an agreement or other matter, whether the personal information has been aggregated or pseudonymized, and other relevant criteria. For example, the period we keep your e-mail address is connected to how long your e-mail is subscribed to our mailing list.
After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner according to our data retention and deletion policies.
8. DATA TRANSFERS
8.1 Personal information that you submit through the services may be transferred to countries other than where you live, such as, for example, to our servers in North America.
Your personal information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information.
10. YOUR CALIFORNIA RIGHTS
10.1. California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year and a description of the categories of personal information shared. In addition, California residents have the right to know if we respond to do not track signals or cookies. We do not respond to such signals or cookies.
10.2. As stated in this Policy, you have agreed to allow us to share information with third parties for their direct marketing purposes until you remove your information, and thus you have agreed to this disclosure. California customers may request further information about our compliance with this law by sending us an e-mail at firstname.lastname@example.org. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
11. LIABILITY LIMITATION
11.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, BINDING ARBITRATION, AND CLASS-ACTION WAIVER.
a. If you are a customer in the United States (including its possessions and territories), you and we agree that any dispute, claim, or controversy arising out of or relating in any way to the use of our site or sale of our products, these Terms and Conditions of Use, and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your account with us.
b. If you elect to seek arbitration or file a small claim court action, you must first send us, by certified mail, a written Notice of your claim (“Notice”). The Notice to us must be addressed to: Lombardi Publishing Corporation, 350 5th Avenue, 59th Floor, New York, NY 10118 (“Notice Address”). If we initiate arbitration, we will send a written Notice to the e-mail address used for your membership account. A Notice, whether sent by you or us, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.
c. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (AAA), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in the county of your residence.
d. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
12. NOTICE: ELECTRONIC CONSENT
12.1 These terms and conditions apply to all transactions made on or through this web site. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking the submit button for the order, or by merely accessing the web site, whether you have read these terms or not. This includes your authorization to charge your credit card or debit your bank account. Please print these terms and conditions for your personal records.
In addition, you consent to receiving electronic communications from Lombardi Publishing relating to your account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletter special offers, promotional announcements, and customer surveys via e-mail or other methods. By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the web site or purchase any products through the web site. By accessing, using, or ordering products through the web site, you affirm that you have read this Agreement and understand, agree, and consent to all Terms contained herein.
13. USE & COPYRIGHTS
13.1 You are prohibited from copying, saving, printing, selling, hyperlinking, using our URL, or reproducing, in any manner whatsoever, any of the information in the Lombardi e-letters. You may not use the Lombardi e-letters for any illegal use. All of our content is copyrighted.
14. THIRD-PARTY LINKS & CONTENT
14.1 Content in the Lombardi e-letters may contain links to other web sites maintained by third parties (“Other Sites”), either as a hyperlink or through a direct data feed accessed by you. Lombardi e-letters does not endorse, and is not responsible for, the privacy practices or the content of these web sites. You should review the applicable privacy policies in connection with your use of such third-party web sites.
We may, from time to time in e-mails, alerts or other communications you have agreed to accept from us, include advertisements, sponsorships, and other offers from, or information about third parties. This does not and will not mean that Lombardi e-letters endorses any specific products or services available from such third parties. Such materials from those third parties, regardless of their relationship with us, are provided merely for information purposes and users should make their own judgments and evaluation of any services or products available on any other web sites.
15.1 Persons under the age of 18 are denied access. By viewing our content, you waive all rights to claims of damages arising from the use of the Lombardi e-letters. By viewing our content, you indemnify and hold us harmless from and against all claims. We reserve the right to deny access to the Lombardi e-letters by any person for any reason.
16. OUR EDITORIAL POLICY AND DISCLAIMER
16.1 Our writers are forbidden to own any stock they write about. All our writers execute a document to this effect.
16.2 Dear User: There is no magic formula to getting rich. Success in investment vehicles with the best prospects for price appreciation can only be achieved through proper and rigorous research and analysis. The opinions in this web site and e-newsletter are just that, opinions of the authors. We are 100% independent in that we are not affiliated with any bank or brokerage house. Information contained herein, while believed to be correct, is not guaranteed as accurate. Warning: investing often involves high risks and you can lose a lot of money. Please do not invest with money you cannot afford to lose.
16.3 Nothing herein should be considered personalized investment advice. Before you make any investment, check with your investment professional (advisor). We urge our readers to review the financial statements and prospectus of any company they are interested in. We are not responsible for any damages or losses arising from the use of any information herein. We are a publishing company offering opinion and commentary of our editors and analysts. Past performance is not a guarantee of future results. All trademarks and registered trademarks are the property of their respective owners.
To contact us, or to opt out from receiving our information: Lombardi Publishing Corporation, 350 5th Avenue, 59th Floor, New York, NY 10118; e-mail: email@example.com.
17. DATA PROTECTION OFFICER
Lombardi Publishing Corporation
Attention: Legal – Privacy
350 5th Avenue, 59th Floor
New York, NY 10118
17.2 You may have the right to restrict or object to the processing of your personal information or to exercise a right to data portability under applicable law. You also may have the right to lodge a complaint with a competent supervisory authority, subject to applicable law. If you are subject to EU data protection laws, we suggest you lodge any such complaints with our lead supervisory authority:
Irish Data Protection Commissioner
Office of the Data Protection Commissioner
Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland
Phone +353 57 868 4757
Fax: +353 57 868 4757
Disclaimer & Warning
There is no magic formula to getting rich. Success in investment vehicles with the best prospects for price appreciation can only be achieved through proper and rigorous research and analysis. We are 100% independent in that we are not affiliated with any bank or brokerage house. Information contained herein, while believed to be correct, is not guaranteed as accurate. Warning: Investing often involves high risks and you can lose a lot of money. Please do not invest with money you cannot afford to lose. The opinions in this content are just that, opinions of the authors. We are a publishing company and the opinions, comments, stories, reports, advertisements and articles we publish are for informational and educational purposes only; nothing herein should be considered personalized investment advice. Before you make any investment, check with your investment professional (advisor). We urge our readers to review the financial statements and prospectus of any company they are interested in. We are not responsible for any damages or losses arising from the use of any information herein. Past performance is not a guarantee of future results. All registered trademarks are the property of their respective owners.