WEBSITE PRIVACY POLICY

This website privacy policy was last updated on February 28, 2024. The policy covers the following topics.

1. How We Protect Your Privacy.

2. Information We Collect from You and Interest-Based Advertising.

3. What We Do with Your Information

4. Do-Not-Track, Interest-Based Advertising, Remarketing, and Dynamic AdServing

5. User Names And Passwords

6. Autoresponders

7. Information Security

8. Data Retention

9. Artificial Intelligence Tools

10. Florida Digital Bill of Rights

11. Other Privacy Rights

12. Minors

13. This Policy Is Part of Our Terms and Conditions of Use

14. This Policy and Customer Agreements

15. Force Majeure

16. Policy Changes

17. Questions or Concerns

1. HOW WE PROTECT YOUR PRIVACY

This website privacy policy tells you how we collect, use, and protect your personal information. By visiting our website (BerserkerMail.com), you accept and agree to the terms and conditions of this website privacy policy. In particular, you consent to our collection and use of your personal information as described in this website privacy policy. The Website is owned by Learnistic LLC, a Florida limited liability company trading and doing business as BerserkerMail (the “Company”).

BerserkerMail also uses the abbreviation domain of BMCal.com for short links used in the calendar linking function. BMCal.com is a part of the BerserkerMail.com platform owned by the Company and is used solely as a URL shortener for the user’s convenience and is also covered by this Privacy Policy.

2. INFORMATION WE COLLECT FROM YOU AND INTEREST-BASED ADVERTISING

Like most places on the Internet, simply by visiting our website you automatically tell us certain information. This includes basic information such as your IP address, when you visited, the website from where you came prior to visiting us, the website where you go when you leave our website, your computer's operating system, and the type of web browser that you are using.

Our website automatically records this basic information about you.

And like many other websites, we may use cookies, digital fingerprinting (e.g. device, machine, and Internet browser fingerprints), web beacons, click redirects, pixel tags, container tags, and similar technologies. In plain English, this means information that our website's server transfers to your computer. This information can be used to track your session on our website and to customize our website content for you as an individual.

If you are using one of the common Internet Web browsers, you can set up your browser to either (a) let you know when you are being tracked by us or to (b) deny us tracking access to your computer or electronic mobile device. The manufacturer of the browser you use has instructions on how to modify tracking settings. You may find these instructions in the “Help” section of your browser or by contacting the browser’s manufacturer.

If you download or use our Learnistic mobile software applications (“Mobile Apps”), we may know your location. In addition, your smart phone, computer tablet, or other electronic device using our Mobile Apps may provide us information about the device, including its unique identifier, make and model, operating system, mobile network carrier, and your telephone number. Your mobile device may have the ability to disable location services as well as deny us access to other information described in this paragraph. To learn more, check your mobile device’s user manual and/or contact your mobile device’s manufacturer or service carrier.

We may also collect any data that you provide us by posting it at our website or by sending to us via email. You can always choose not to provide us with information. However, if you do withhold information, we may deny you access to some or all of our website's services and features.

Some transactions between you and our website may involve payment by credit card, debit card, checks, money orders, and/or third-party online payment services. In such transactions, we will collect information related to the transaction as part of the course of doing business with you, including your billing address, telephone number, and other information related to the transaction.

3. WHAT WE DO WITH YOUR INFORMATION

We use your information to operate our website's business activities. For example, we may use this data to contact you about changes to our website, direct marketing (e.g. new products and services, special offers, etc.), resolve disputes, troubleshoot issues, and enforce our website's terms and conditions.

Your Information and Third Parties

We do not sell your information to others.

And, as a rule, we will not give your data to third parties without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs.

Government & Law Enforcement

We may, in our sole discretion, provide information about you to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability.

Some government intelligence agencies have the technological ability to access data from our website without our cooperation, knowledge, or consent. Even if we were to learn of such access, we may not be able to tell you because of national security laws. Please take this risk into account before supplying information to us or any other website owner.

Aggregate Data Disclosure

Although we do not disclose individually identifiable information, we may disclose aggregate data about our website's visitors to advertisers or other third parties for marketing and promotional purposes.

Third Party Service Providers

From time to time, we may use third party suppliers to provide services on our website. If a supplier wants to collect information about you, you will be notified. However, you will never be required to give information to a third-party supplier. We restrict the way third party suppliers can use your information. They are not allowed to sell or give your information to others.

Change of Website Ownership

If website ownership changes (e.g. by sale, bankruptcy, etc.), we may transfer your information to the new site owner. Upon completion of such a transfer, we will no longer possess or control the data received by the new owner.

4. DO-NOT-TRACK, INTEREST-BASED ADVERTISING, REMARKETING, AND DYNAMIC AD SERVING

Do-Not-Track

We try to honor any Do-Not-Track signals you send through your web browser when visiting our website. However, please read the following important information about “Interest-Based Advertising,” “Remarketing,” and “Dynamic Ad Serving” so that you understand the type of tracking that may be done by third party vendors when you visit our site and how you can opt out of such tracking.

Interest-Based Advertising

When you visit our website, you may view advertisements posted on the site by Google or other companies. These advertising companies may collect information about you while you are visiting this website and other websites. They may use this data to show you advertisements on this website and elsewhere on the Internet about products and services you might like.

This website does not collect the information or control the content of the advertisements that you will see. You may be able to opt out of such advertising.

Your use of this Website without opting out means that you understand and agree to data collection to provide you with interest-based advertising.

Opting Out - U.S. Residents

If you are in the United States, you may opt out of some advertising via the Digital Advertising Alliance at http://www.aboutads.info/choices/

Opting Out - Canada Residents

If you are in Canada, you may opt out of some advertising via the Digital Advertising Alliance of Canada at http://youradchoices.ca/

Opting Out – United Kingdom & European Union Residents

If you are in the United Kingdom or the European Union, you may opt out of some advertising via the European Interactive Digital Advertising Alliance at http://www.youronlinechoices.com/

To find out more about Google privacy policies and its DoubleClick DART cookie used to generate interest-based advertising, go to https://policies.google.com/technologies/ads.

Opting Out - Protect My Choices Web Browser Extensions

If you are using Internet Explorer, Mozilla Firefox, or Google Chrome browsers, you may wish to install the “Protect My Choices” browser extensions that are designed to help you protect your opt-out preferences. To learn more, go to http://www.aboutads.info/PMC.

Remarketing

This website may use a remarketing tag to advertise online. This means that Google and other third-party vendors may show our ads to you on sites across the Internet. These third-party vendors, including Google, may use cookies to serve ads to you based upon your past visits to our website.

Opting Out - Google Cookies

If you would like to opt out of Google’s use of cookies, you can visit the Company’s Ad Preferences Manager at https://adssettings.google.com/authenticated?hl=en.

Opting Out - Third Party Vendor Cookies

In the alternative, you can opt out of the use of cookies by some third-party vendors by going to the Network Advertising Initiative’s opt-out page located at https://optout.networkadvertising.org/?c=1.

Opting Out - Google Dynamic Ad Serving Our website may use Google’s

In the alternative, you can opt out of the use of cookies by some third-party vendors by going to the Network Advertising Initiative’s opt-out page located at https://optout.networkadvertising.org/?c=1.

Opting Out - Google DoubleClick Remarketing Pixels

Our website may use DoubleClick’s remarketing pixels. If you would like to opt out of DoubleClick’s use of cookies, you can visit the DoubleClick opt-out page at https://adssettings.google.com/authenticated?hl=en#display_optout..

5. USER NAMES AND PASSCODES

Your access to parts of our website may be protected by a user name and a passcode. Do not give your passcode to anyone. If you enter a section of our website that requires a passcode, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.

Use of Information and Unsolicited Commercial Email If you obtain personally identifiable information about another website user, you are not allowed to disclose this information to anyone else without the consent of the user and our consent too. If you communicate with other website users via our website (or by other means), such third parties may have copies of your communications even if you delete your own copies of such communications on our website and your electronic devices.

We hate junk email (spam). Information you obtain from our website about us or other site users cannot be used by you or others to send unsolicited commercial email or to send unsolicited commercial communications via our website's posting or other communication systems.

Your Voluntary Disclosure of Information to Third Parties Who Are Not Our Suppliers

You may choose to provide personal information to website visitors or other third parties who are not our suppliers. Please use caution when doing so. The privacy policies and customs of these third parties determine what is done with your information.

6. AUTORESPONDERS

We may use autoresponders to communicate with you by email. To protect your privacy, we use a verified opt-in system for such communications, and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending an email to help[at]learnistic.com, by using the contact form at https://berserkermail.com/contact, or sending us mail to the address listed below.

Please note that if you are a current or former subscriber to BerserkerMail, you may receive emails or other electronic communications from us regarding your purchase(s). As a customer, you should not unsubscribe, block, filter, or otherwise prevent receipt of these important messages relating to your purchase(s) and your use of BerserkerMail.

7. INFORMATION SECURITY

We try to keep your information secure. If we become aware of a data vulnerability, where economically feasible, we will attempt to promptly fix it in order to keep your data safe. However, with governments spying online using sophisticated technology and hackers data mining sites, no website owner can guarantee your information will be completely safe from unauthorized access by others. Please take these security risks into account before giving information to us or any other website owner.

8. DATA RETENTION

We will keep your data for as long as we need it to provide you with products and services, comply with applicable law, resolve any disputes between us or with third parties, and to enforce any contracts between us.

9. ARTIFICIAL INTELLIGENCE TOOLS

This website may use third-party artificial intelligence (AI) software applications and other tools (collectively, the “Third-Party AI Tools”) to provide services to website visitors and customers.

Although we will make commercially reasonable efforts to protect personal information you provide AI Tools, such tools are owned by third parties beyond our control and are used per license.

This means that personal information and other data used by the Third-Party AI Tools are subject to the terms and conditions of the respective third-party owners of such Third-Party AI Tools and our licenses to use such tools.

It is likely that your data will be used by the Third-Party AI Tools’ owners as part of their AI training data sets and related AI development purposes on an individually identifiable or aggregate basis. Protection of such information is subject to the data security and privacy policies of the AI Tools’ owners.

10. FLORIDA DIGITAL BILL OF RIGHTS

If you reside in the State of Florida, you may have certain privacy rights under the Florida Digital Bill of Rights, Fla Stat. § 501.701 ("FDBR"). However, the FBDR does not apply to us because we do not meet the minimum gross annual revenue and other requirements for it to apply.

Even though we do not have a legal obligation to do so, we may choose to respond to your requests made per the FDBR. However, these voluntary responses are not a waiver of our legal rights and obligations under the laws of the State of Florida and United States federal laws or the arbitration provisions found within our website’s Terms and Conditions of Use.

11. OTHER PRIVACY RIGHTS

The European Union (EU), some countries, and many U.S. states have enacted data privacy laws and/or regulations. Upon information and belief, these laws do not apply to us because (1) we are a small or medium-sized business (SMB) that falls within an applicable exemption or (2) other laws apply to us that conflict with and/or supersede these laws and regulations.

Even though we do not have a legal obligation to do so, we may choose to respond to your data privacy requests made per nonapplicable laws or regulations. However, these voluntary responses are not a waiver of our legal rights and obligations under the laws of the State of Florida and the United States federal laws or the arbitration provisions found within our website’s Terms and Conditions of Use.

12. MINORS

Although we love kids, we do not knowingly provide services or sell products to children on our website. The Learnistic software applications are intended solely for adult use by businesses. If you are less than eighteen (18) years old, you may use our website only with the permission, active involvement, and supervision of an adult parent or legal guardian.

IF YOU ARE A MINOR, PLEASE DO NOT PROVIDE US OR OTHER WEBSITE VISITORS WITH ANY PERSONAL INFORMATION.

13. THIS POLICY IS PART OF OUR TERMS AND CONDITIONS OF USE

Our website privacy policy is a part of, and subject to, our website's Terms and Conditions of Use. You may view these terms and conditions on our website.

14. THIS POLICY AND CUSTOMER AGREEMENTS

If you are our customer, any customer agreement (e.g. consulting, membership, and program agreements) between us supersedes this policy to the extent there is any conflict with the terms and conditions of the customer agreement.

15. FORCE MAJEURE

We, our principals, employees, independent contractors, and agents shall not be liable for failure to perform any of our obligations under this policy during any period in which we cannot perform due to fire, earthquake, flood, or other natural disaster, epidemic, pandemic, explosion, casualty, war, terrorism, embargo, riot, civil disturbance, act of public enemy, act of God, or the intervention of any government authority, or similar cause beyond our control.

16. POLICY CHANGES

The terms of this privacy policy may change from time to time. If such changes are made, we will notify you by a notice posted on our website's home page of the changes that have been made. If you disagree with the changes that have been made, please contact us by email to help[at]learnistic.com, by using our website contact form at https://berserkermail.com/contact, or in writing by postal mail to Learnistic LLC, 13506 Summerport Village Parkway #714, Windermere, FL 34786 USA, and any changes made to this policy will not apply to information we have collected from you prior to making the changes.

By continuing to access our website after changes to this privacy policy go into effect, you are agreeing to be legally bound by the revised policy.

If you are concerned about the topics covered by this website privacy policy, you should read it each time before you use our website.

17. QUESTIONS OR CONCERNS

Any questions or concerns about this website privacy policy should be brought to our attention by sending an email to help[at]learnistic.com or by using the contact form at https://berserkermail.com/contact.

You may also mail your concerns to us at the following address:

Learnistic LLC

13506 Summerport Village Parkway #714

Windermere

FL 34786

United States

This website privacy policy is Copyright © 2008-2024 Law Office of Michael E. Young PLLC and licensed for use by Learnistic LLC at this website. All Rights Reserved. No portion of this policy may be copied or used by anyone other than the licensee without the express written permission of the law firm as copyright owner.

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13506 Summerport Village Parkway #714, Windermere, FL 34786 — ‭(407) 377-7721‬

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