Privacy Policy

1. Introduction

This Privacy Policy (the “Policy”) governs the collection, use, disclosure, and protection of personal data provided by you, the data subject, in connection with the use of our website, services, and products offered by Domain Observant (“we”, “us”, “our”). We recognize the critical importance of safeguarding your personal data and are committed to the highest standards of privacy protection in accordance with applicable data protection regulations, including but not limited to the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and other applicable national and international privacy laws.

By using our services or accessing our website located at https://domainobservant.com/ (“Website”, “Service”), you agree to the collection, use, and processing of your personal data in accordance with this Policy. If you do not agree with any part of this Policy, please refrain from using our services or interacting with our Website.

2. Definitions

For the purposes of this Policy, the following terms are defined in accordance with the applicable legal framework:

• “Personal Data”: Any information relating to an identified or identifiable natural person, including but not limited to names, contact information, IP addresses, financial information, and other identifiers. The definition of personal data is provided under Article 4(1) of the General Data Protection Regulation (GDPR) and Section 1798.140(o) of the CCPA.
• “Sensitive Data”: Special categories of personal data, as defined under Article 9 of the GDPR, such as information regarding racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health data, or sexual orientation.
• “Non-Personal Data”: Data that cannot identify a person directly, including aggregated data, anonymized data, cookies, IP addresses, device type, and browsing behavior collected for website optimization and marketing purposes.
• “Cookies”: Small text files placed on your device when you visit our Website, used to store information regarding preferences, actions, and browsing behavior. Cookies are utilized for personalizing your experience and enhancing our services.
• “Service Providers”: Third-party entities that perform tasks on our behalf such as processing payments, providing website hosting, managing customer support, and executing marketing campaigns. Service providers are legally bound by agreements that require compliance with this Policy and data protection laws.
• “Legal Basis for Processing”: Under Article 6 of the GDPR, personal data may be processed on several legal bases, including consent, contract necessity, legal obligation, legitimate interest, and protection of vital interests. Each processing activity shall have a clear legal basis for justifying the collection and use of personal data.
• “Controller”: The entity that determines the purposes and means of processing personal data. In this case, Domain Observant is the data controller, responsible for ensuring compliance with applicable data protection laws.
• “Processor”: A third-party entity that processes personal data on behalf of the controller, such as cloud service providers, payment processors, or email marketing platforms.

3. Information We Collect and Why We Collect It

Personal Data: We collect personal data when you interact with our Website, book consultations, purchase services, or communicate with us. This may include, but is not limited to:

• Contact Information: Name, email address, telephone number, postal address, and billing information, which are required to deliver our services and process payments.
• Payment Information: Billing address, credit card details, and financial information, processed for legitimate business purposes, including transactions and service subscriptions, in compliance with financial regulations, such as Payment Card Industry Data Security Standard (PCI DSS).
• Communication Data: Any information you provide when interacting with us through emails, forms, or direct inquiries, including customer service requests, feedback, or domain-related inquiries.

Non-Personal Data: This includes data automatically collected during your interactions with our Website through the use of cookies, tracking pixels, and analytics tools:

• Technical Data: IP addresses, browser types, device information, operating systems, geolocation data, and other technical details about how you use our Website. This data is essential for improving the functionality and security of our Website.

Why We Collect It:

• Service Provision: We process personal data to fulfill the contract between you and us, providing consultancy services, domain purchases, and domain portfolio management as described under Article 6(1)(b) of the GDPR.
• Transaction Processing: We collect payment information to process financial transactions, issue invoices, and comply with tax laws as required by Article 6(1)(c) of the GDPR and California tax laws.
• Communication: We use your contact information to provide customer service, respond to inquiries, and send updates about the status of your services. This is carried out under the legal basis of contract necessity and legitimate interests.
• Marketing: Where applicable, we use your personal data for direct marketing, promotions, and newsletters, based on your consent or our legitimate interests under Article 6(1)(f) of the GDPR.
• Legal Compliance: We process personal data as necessary for compliance with legal obligations, including data retention for regulatory requirements, fraud prevention, and compliance with law enforcement requests under Article 6(1)(c) of the GDPR.

4. How We Use Your Information

We process your personal data for the following purposes, based on applicable legal grounds:

• To Provide and Improve Services: We use your personal data to deliver our domain consultancy services, including personalized domain recommendations and portfolio management. We may also use your data to improve the services we offer, including for research and development. These activities are carried out under contractual necessity and legitimate interests.
• To Process Payments: We use payment information to process financial transactions for domain purchases and other services, complying with applicable anti-money laundering (AML) and Know Your Customer (KYC) regulations.
• To Communicate with You: We use your contact information to send service-related communications, respond to queries, and provide customer support. Such processing is necessary for fulfilling the contract and in our legitimate interest to maintain effective communication.
• To Send Marketing Communications: If you have opted-in to receive marketing materials, we will send you information about our services, promotions, and updates. You can withdraw consent at any time via the unsubscribe links in emails or by contacting us directly.
• For Legal and Regulatory Compliance: We process personal data to comply with legal obligations, such as responding to subpoenas, assisting law enforcement, and fulfilling reporting obligations under tax laws and business regulations.

5. Sharing of Information

We do not sell, rent, or share your personal information with third parties for marketing purposes. However, we may disclose your personal data in the following circumstances:

• Service Providers: We may share your data with trusted third-party vendors who assist in delivering services such as payment processing, hosting, analytics, and customer support. All Service Providers are bound by Data Processing Agreements (DPAs) that comply with applicable data protection laws, including Article 28 of the GDPR.
• Legal Obligations: We may disclose personal data if required to do so by law or legal process, such as in response to a subpoena or regulatory inquiry. This includes complying with Section 1798.100 of the CCPA and Article 6(1)(c) of the GDPR.
• Business Transfers: In the event of a business transaction such as a merger, acquisition, or sale of assets, personal data may be transferred as part of that transaction. We will notify you of any such change in ownership or control over your personal information, as required by Article 14 of the GDPR.

6. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance the functionality of our Website, improve user experience, and analyze site traffic. By using our Website, you consent to the use of cookies in accordance with this Policy.

• Essential Cookies: These are necessary for the basic operation of the Website, such as maintaining session data.
• Performance and Analytical Cookies: These cookies help us analyze the performance of our Website and enhance user experience.
• Advertising Cookies: We may use third-party cookies for targeting and serving personalized ads based on your preferences.

You can manage your cookie preferences through your browser settings. However, please note that disabling cookies may impact some features of our Website.

7. Data Security

We implement robust physical, technical, and administrative security measures to protect your personal data from unauthorized access, alteration, or destruction. These measures include encryption, firewalls, secure storage, and multi-factor authentication systems.

Despite our best efforts, no data security system is infallible, and we cannot guarantee the absolute security of your personal data. In the event of a data breach, we will notify you in accordance with applicable laws, including Article 33 of the GDPR and California’s Data Breach Notification Law.

8. Your Rights

Under applicable data protection laws, you have the following rights regarding your personal data:

• Right to Access: You have the right to obtain a copy of the personal data we hold about you, as set out in Article 15 of the GDPR and Section 1798.105 of the CCPA.
• Right to Rectification: You have the right to correct any inaccurate or incomplete data we hold about you (Article 16 of the GDPR).
• Right to Erasure: You may request the deletion of your personal data, subject to certain exceptions (Article 17 of the GDPR).
• Right to Restrict Processing: You have the right to request the restriction of processing your personal data under certain circumstances (Article 18 of the GDPR).
• Right to Data Portability: You can request your data in a structured, machine-readable format for transfer to another service provider (Article 20 of the GDPR).

To exercise these rights, please contact us at Support@DomainObservant.com.

9. Data Retention

We retain personal data only for as long as necessary to fulfill the purposes outlined in this Policy or as required by law. This may include retention periods for legal compliance, business records, and financial transactions. Upon expiration of the retention period, we will securely delete or anonymize your personal data.

10. International Data Transfers

Your personal data may be transferred to, stored, and processed in jurisdictions outside of your home country, including the United States. These countries may have different data protection standards than those in your country. By using our services, you consent to the transfer of your data in accordance with applicable laws, including the use of Standard Contractual Clauses (SCCs) and other safeguards under Article 46 of the GDPR.

11. Third-Party Websites

Our Website may contain links to third-party websites that are not operated by us. We are not responsible for the privacy practices of such third-party sites. We recommend that you review the privacy policies of any third-party websites before providing them with personal data.

12. Children’s Privacy

We do not knowingly collect or process personal data from children under the age of 18. If we discover that we have inadvertently collected personal data from a child, we will take steps to delete such data. If you believe we have collected data from a child, please contact us at Support@DomainObservant.com.

13. Automated Decision-Making and Profiling

We do not engage in automated decision-making processes or profiling that has significant legal effects on you. All decisions regarding domain purchases or recommendations are made with human intervention and professional judgment.

14. Legal Basis for Processing (GDPR)

Under the General Data Protection Regulation (GDPR), we process your personal data based on the following legal bases:

• Consent: Where you have provided explicit consent for processing.
• Contractual Necessity: To fulfill the obligations of the contract you have entered into with us.
• Legitimate Interests: To pursue our legitimate business interests, such as improving services, direct marketing, and website optimization.
• Legal Obligation: Where processing is necessary to comply with our legal obligations.

15. Compliance with Privacy Laws

We are committed to complying with all applicable data protection laws, including the CCPA, GDPR, and any other relevant regulations. If you believe we have violated your privacy rights, please contact us, and we will take appropriate steps to resolve your concern. You also have the right to lodge a complaint with the relevant data protection authority.

16. Contacting Us

If you have any questions about this Privacy Policy, wish to exercise your rights, or have concerns regarding how we process your personal data, please contact us at:

• Email: Support@DomainObservant.com
• Mailing Address:
  Domain Observant Dotcom
  c/o Healthorough LLC
  PO Box 53498
  San Jose, CA 95153

We are available to respond to your inquiries during regular business hours. Please note that all communications are subject to our Privacy Policy and Terms of Service.

17. Updates to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or to comply with evolving legal requirements. Any updates will be posted on this page, and the revised date will be indicated at the top of the page. By continuing to use our website and services after the updates are posted, you accept the revised policy.