This page sets out the terms on which you may use the ProCFO, LLC website and describes our policies and procedures on the collection, use, and disclosure of your information when you use our Service. It also tells you about your privacy rights and how the law protects you.

It is divided into three parts: our Terms of Use, our Text Messaging (SMS) Terms, and our Privacy Policy. Please read all three. By using the Service, you agree to the collection and use of information in accordance with this policy.

In this document, “ProCFO,” “the Company,” “we,” “us,” and “our” mean ProCFO, LLC, of 320 SW Century Drive, Suite 405, PMB 312, Bend, Oregon 97702. “You” and “your” mean the individual accessing or using the Service, or the company or other legal entity on behalf of which that individual is acting.

Part One — Terms of Use

1.  Acceptance of these terms

By accessing or using this website you agree to these Terms of Use. If you do not agree with any part of them, please do not use the website. We may revise these terms from time to time; the date at the top of this page shows when they were last changed, and your continued use of the website afterwards means you accept the revision.

2.  Who we are

ProCFO, LLC provides fractional Chief Financial Officer services, accounting, tax planning, and related advisory services to business owners in the United States. Our offices are in Bend, Oregon and Charlotte, North Carolina.

3.  No professional relationship and no professional advice

Please read this section carefully.

Everything on this website — including articles, guides, checklists, calculators, assessments, videos, downloadable materials, and any results or figures they produce — is general information only. It is not accounting, tax, legal, investment, or financial advice, and it is not a substitute for advice from a qualified professional who knows your particular circumstances.

Using this website, submitting a form, downloading a resource, completing an assessment, or scheduling a consultation does not create a client relationship, an engagement, or a fiduciary duty between you and ProCFO. A professional relationship with us begins only when both parties have signed a written engagement letter describing the scope of the work.

Any figures, ranges, estimates, or projections shown on this website — including any amount described as income that might be recovered or savings that might be achieved — are illustrative. They rest on general assumptions and on outcomes we have seen in other engagements. They are not a prediction, a promise, or a guarantee of what you will experience. Results vary with the facts of each business, and many of the factors involved are outside our control.

You should not act, or refrain from acting, on the basis of anything on this website without seeking professional advice relevant to your own situation.

4.  Permitted use of the website

You may use this website for lawful purposes only. You agree that you will not:

•    Use the website in any way that breaches any applicable law or regulation.

•    Attempt to gain unauthorized access to the website, the server on which it is stored, or any server, computer, or database connected to it.

•    Introduce any virus, trojan, worm, or other material that is malicious or technologically harmful.

•    Use any robot, spider, scraper, or other automated system to access, copy, or monitor any part of the website without our prior written permission.

•    Copy, reproduce, republish, distribute, or commercially exploit any content from this website without our prior written permission.

•    Submit information that is false or misleading, or that belongs to another person without their authorization.

5.  Intellectual property

All content on this website — text, graphics, logos, images, video, audio, downloadable materials, page design, and the selection and arrangement of all of it — is owned by ProCFO, LLC or by our licensors and is protected by United States and international copyright and trademark law. You may view, download, and print content for your own personal or internal business use. You may not otherwise reproduce, modify, distribute, publish, or create derivative works from it without our prior written consent.

6.  Appointments, consultations, and communications

Where this website allows you to schedule a call or consultation, you agree to provide accurate information and to give reasonable notice if you need to cancel or reschedule.

Communications sent through this website, by email, or by text message are not guaranteed to be secure or confidential. Please do not send sensitive personal or financial information — including Social Security numbers, account numbers, or tax documents — through this website or by unencrypted email. We will tell you how to transmit such material securely once an engagement is underway.

7.  Disclaimer of warranties

This website is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no warranties of any kind, express or implied, about the website or its content, including any warranty that it will be uninterrupted, timely, secure, or free of errors or viruses, or that the content is accurate, complete, or current.

8.  Limitation of liability

To the fullest extent permitted by law, ProCFO, LLC and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with your use of this website or your reliance on its content, whether based in contract, tort, negligence, strict liability, or otherwise, and whether or not we have been advised of the possibility of such damages. Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited.

9.  Indemnification

You agree to indemnify and hold harmless ProCFO, LLC and its members, officers, employees, and agents from any claim, demand, loss, liability, or expense, including reasonable attorneys' fees, arising out of your use of this website, your breach of these terms, or your violation of any law or the rights of any third party.

10.  Governing law

These terms, and any dispute arising out of them, are governed by the laws of the State of Oregon, without regard to its conflict of law provisions. You agree that any action relating to these terms will be brought exclusively in the state or federal courts located in Deschutes County, Oregon, and you consent to the jurisdiction of those courts.

11.  Severability

If any provision of these terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will continue in full force.

Part Two — Text Messaging (SMS) Terms

These terms apply to the ProCFO text messaging program. They are set out separately so that they are easy to find and easy to read.

Program description

ProCFO, LLC operates a text messaging program that sends appointment confirmations, appointment reminders, replies to your enquiries, and marketing and promotional messages about our services, including the Income Recovery Protocol.

Eligibility

You must be 18 years of age or older to use this SMS service. By providing your mobile number and consenting to receive text messages, you confirm that you are at least 18 years old and that the telephone number you have given is your own, or that you are authorized to consent on behalf of the subscriber.

How you join the program

You join by giving us your mobile number and affirmatively consenting to receive text messages — for example by ticking the consent box on one of our web forms, by consenting verbally during a call, or by texting us first. The consent box on our forms is never ticked in advance and is never required in order to submit the form.

Consent to receive text messages is not a condition of purchasing any goods or services from ProCFO, LLC. You can work with us without ever joining the text messaging program.

We send text messages only to a number where the person who gave us that number consented to receive them. We do not text numbers obtained from purchased lists, from third parties, or from any source other than the person themselves.

Telephone and automated contact

Where you have given the consent described above, you agree that ProCFO, LLC may contact you at the telephone number you provided — including a wireless number — by live telephone call, automatic telephone dialing system, pre-recorded or artificial voice message, and text message, and that we may do so even if the number appears on a national or state Do Not Call list. This consent is not required as a condition of purchasing any goods or services, and you may revoke it at any time by any reasonable means, including by replying STOP to a text message or by telling us during a call.

Message frequency

Message frequency varies. How many messages you receive depends on how you interact with us — for example whether you have an appointment scheduled and whether you reply to us. Expect a small number of messages in a typical month rather than a daily stream.

Message and data rates

Message and data rates may apply. Any charges are billed by and payable to your mobile service provider, and your telephone company may impose additional charges for text messages. ProCFO, LLC is not responsible for charges applied by your carrier. Please contact your carrier with any questions about your plan.

How to stop receiving messages

Reply STOP to any message to unsubscribe at any time. You may also reply END, CANCEL, UNSUBSCRIBE, or QUIT. After you send any of these we will send one final message confirming that you have been unsubscribed, and you will receive no further marketing text messages from us unless you join the program again. To rejoin, sign up again through one of our forms or reply START.

How to get help

Reply HELP to any message for assistance and you will receive a reply with our contact details. You can also reach us at [email protected] or (541) 610-4163.

Hours

Marketing text messages are sent between 8:00 a.m. and 9:00 p.m. in your local time, not ours. ProCFO works with clients across the United States and our team operates from more than one time zone, so these messages are scheduled to arrive within that window wherever you are.

Two kinds of message may fall outside those hours. If you send us a message, we may reply at any time, because that is a conversation you began. And a transactional message tied to something you have asked for — such as a reminder for an early morning appointment — may arrive outside the window where that is the point of the message.

Carriers

Carriers are not liable for delayed or undelivered messages. Delivery depends on effective transmission by your mobile service provider and is outside our control, so we cannot guarantee that every message will be delivered. Our messages are supported on most major United States carriers. Carriers are not responsible for the content of our messages, and carrier participation may change without notice.

Your mobile information is not shared or sold

We do not sell, rent, or share mobile opt-in data, text messaging consent, or mobile telephone numbers with third parties or affiliates for their own marketing or promotional purposes. This applies to all categories of mobile information.

We share your mobile number only with the service providers who make our messaging work — for example the platform that sends messages on our behalf — and only so that they can perform that service for us. Those providers are contractually prohibited from using your information for their own purposes.

Part Three — Privacy Policy

Interpretation

Words whose initial letter is capitalized have the meanings given below. Those definitions have the same meaning whether they appear in the singular or the plural.

Definitions

•    Account means a unique account created for you to access our Service or parts of it.

•    Business, for the purpose of the California Consumer Privacy Act, refers to the Company as the legal entity that collects consumers' personal information and determines the purposes and means of processing it, and that does business in the State of California.

•    Company (“the Company,” “we,” “us,” or “our”) refers to ProCFO, LLC, 320 SW Century Drive, Suite 405, PMB 312, Bend, Oregon 97702.

•    Consumer, for the purpose of the California Consumer Privacy Act, means a natural person who is a California resident — every individual who is in the United States for other than a temporary or transitory purpose, and every individual domiciled in the United States who is outside it for a temporary or transitory purpose.

•    Cookies are small files placed on your computer, mobile device, or other device by a website, containing details of your browsing history on that website among other uses.

•    Country refers to the United States.

•    Device means any device that can access the Service, such as a computer, a mobile telephone, or a tablet.

•    Do Not Track (DNT) is a concept promoted by United States regulatory authorities, in particular the Federal Trade Commission, for the internet industry to develop a mechanism allowing internet users to control the tracking of their online activities across websites.

•    Personal Data is any information relating to an identified or identifiable individual. For the purposes of the California Consumer Privacy Act, Personal Data means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.

•    Sale, for the purpose of the California Consumer Privacy Act, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating a consumer's personal information to another business or a third party for monetary or other valuable consideration.

•    Service refers to the Website.

•    Service Provider means any natural or legal person who processes data on behalf of the Company — third-party companies or individuals engaged by the Company to facilitate the Service, to provide it on our behalf, to perform services related to it, or to assist us in analyzing how it is used.

•    Usage Data refers to data collected automatically, either generated by use of the Service or from the Service infrastructure itself, such as the duration of a page visit.

•    Website refers to procfo.com, accessible from https://www.procfo.com, together with its subdomains, funnels, landing pages, forms, and scheduling pages, and any other website representing ProCFO, LLC.

•    You means the individual accessing or using the Service, or the company or other legal entity on behalf of which that individual is acting.

Types of data collected

Personal Data

While using our Service we may ask you to provide, or may collect, certain personally identifiable information that can be used to contact or identify you. This may include, but is not limited to:

•    Email address

•    First name and last name

•    Telephone number, including a mobile number

•    Address, city, state or province, and ZIP or postal code

•    Business name, role, and the location, size, revenue, staffing, or financial characteristics of your business, where you enter these into a survey, assessment, or intake form

•    Scheduling information when you book a consultation with us

•    The content of messages you send us by form, email, text, or chat

•    IP address

•    Usage Data

Usage Data

Usage Data is collected automatically when you use the Service. It may include your device's Internet Protocol address, browser type and version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

When you access the Service through a mobile device we may automatically collect certain information including the type of mobile device you use, its unique identifier, its IP address, your mobile operating system, the type of mobile browser you use, and other diagnostic data. We may also collect information your browser sends whenever you visit the Service.

Tracking technologies and cookies

We use cookies and similar tracking technologies — including beacons, tags, and scripts — to track activity on our Service, to store certain information, and to improve and analyze the Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. If you do not accept cookies, you may not be able to use some parts of our Service.

Cookies can be persistent or session cookies. Persistent cookies remain on your device when you go offline; session cookies are deleted as soon as you close your browser. We use both, for the purposes set out below.

Necessary and essential cookies

Session cookies, administered by us. These are essential to provide you with services available through the Website and to let you use some of its features. They help authenticate users and prevent fraudulent use. Without them, the services you have asked for cannot be provided, and we use them only to provide those services.

Cookie policy and notice acceptance cookies

Persistent cookies, administered by us. These record whether you have accepted the use of cookies on the Website.

Functionality cookies

Persistent cookies, administered by us. These let us remember choices you make when you use the Website, such as your login details or language preference, so that you do not have to re-enter your preferences each time.

Tracking and performance cookies

Persistent cookies, administered by third parties. These track information about traffic to the Website and how users use it. The information gathered may directly or indirectly identify you as an individual visitor, because it is typically linked to a pseudonymous identifier associated with the device you use. We may also use these cookies to test new pages, features, or functionality to see how users react to them.

Targeting and advertising cookies

Persistent cookies, administered by third parties. These track your browsing habits so that we can show advertising more likely to be of interest to you. They use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third-party advertisers can place cookies enabling them to show advertisements we think will be relevant to your interests while you are on third-party websites.

Advertising and measurement

We advertise on third-party platforms, including Meta, the operator of Facebook and Instagram. To understand which advertisements lead to enquiries, we use those platforms' measurement tools on our Website and we also transmit certain information to them directly from our servers.

The information transmitted for this purpose may include identifiers stored in cookies set by the advertising platform, your IP address, your browser type, the address of the page you were on, and a cryptographically hashed form of your email address, telephone number, name, and country. Hashing converts each value into an irreversible string before transmission, so the platform receives it in a form that cannot be reversed and uses it only to match your action to an advertisement it showed you. We do not transmit your unhashed contact details to advertising platforms for this purpose.

You can limit this kind of measurement through your browser settings, through your device's advertising controls, and through the advertising preference settings offered by the platforms themselves.

Analytics and service providers

Service Providers have access to your Personal Data only to perform their tasks on our behalf, and are obligated not to disclose or use it for any other purpose. We may use third-party Service Providers to monitor and analyze the use of our Service, to show advertisements, and to send email and text messages on our behalf. These currently include:

•    Google Analytics, a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor use of our Service, and this data is shared with other Google services. Google may use it to contextualize and personalize the advertisements of its own advertising network. You can opt out by installing the Google Analytics opt-out browser add-on, which prevents the Google Analytics JavaScript from sharing information about your visits. Google's privacy practices: https://policies.google.com/privacy

•    Meta, including the Meta Pixel and Conversions API, for advertising and measurement as described above. Meta's privacy policy: https://www.facebook.com/policy.php

•    Our customer relationship and messaging platform, which stores your contact record and sends email and text messages on our behalf.

Use of your Personal Data

The Company may use Personal Data for the following purposes:

•    To provide and maintain our Service, including monitoring its usage.

•    To manage your account and your registration as a user of the Service.

•    For the performance of a contract, including the development, compliance, and undertaking of any contract with us through the Service.

•    To respond to your enquiry and provide the information or materials you requested.

•    To schedule, confirm, and remind you of consultations.

•    To contact you by email, telephone, SMS, or other equivalent forms of electronic communication regarding updates or informative communications related to the functionalities, products, or contracted services, including security updates, where necessary or reasonable.

•    To provide you with news, special offers, and general information about other goods, services, and events we offer that are similar to those you have already purchased or enquired about, unless you have opted not to receive such information.

•    To manage and respond to your requests.

•    To understand which advertisements and pages lead to enquiries, so that we spend our advertising budget sensibly.

•    To detect, prevent, and address fraud, abuse, and technical problems.

•    To comply with our legal, regulatory, and professional obligations.

How we share your Personal Data

We do not sell your Personal Data. We share it only in the following circumstances:

•    With Service Providers who perform functions on our behalf, as listed above, and only so that they can perform those functions for us.

•    With advertising platforms, in the hashed and limited form described under Advertising and measurement, for measurement purposes only.

•    With professional advisers such as our own attorneys, accountants, and insurers, where necessary.

•    In connection with a business transaction. If the Company is involved in a merger, acquisition, or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different privacy policy.

•    With law enforcement. Under certain circumstances the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities, such as a court or a government agency.

•    For other legal requirements, where we believe in good faith that disclosure is necessary to comply with a legal obligation, to protect and defend the rights or property of the Company, to prevent or investigate possible wrongdoing in connection with the Service, to protect the personal safety of users of the Service or the public, or to protect against legal liability.

We do not sell, rent, or share mobile opt-in data, text messaging consent, or mobile telephone numbers with third parties or affiliates for their own marketing or promotional purposes.

We do not publish your information or make it visible to other users. The Service has no public profiles, forums, or other public areas in which your information could be seen by others.

Email marketing

We may use your Personal Data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any or all of these communications by following the unsubscribe link or instructions in any email we send, or by contacting us. You will continue to receive communications relating directly to an engagement even if you opt out of marketing.

Retention of your Personal Data

The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and policies. Records relating to professional engagements are retained in accordance with applicable professional standards and statutes of limitation.

The Company will also retain Usage Data for internal analysis. Usage Data is generally retained for a shorter period, except where it is used to strengthen security or improve the functionality of our Service, or where we are legally obliged to retain it for longer.

Transfer of your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other place where the parties involved in the processing are located. This means the information may be transferred to, and maintained on, computers located outside your state, province, country, or other governmental jurisdiction, where data protection laws may differ from those in your jurisdiction.

Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer. The Company will take all steps reasonably necessary to ensure your data is treated securely and in accordance with this policy, and no transfer will take place to an organization or a country unless there are adequate controls in place.

Security of your Personal Data

The security of your Personal Data is important to us, but no method of transmission over the internet or of electronic storage is completely secure. While we use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. Please do not send sensitive financial or identifying documents through this website or by unencrypted email.

California Privacy Rights

Your rights under the CCPA

If you are a resident of California, you have the following rights:

•    The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which they are used.

•    The right to access, and the right to request. You may request and obtain from the Company information regarding the disclosure of your Personal Data collected in the past twelve months to a third party for that third party's direct marketing purposes.

•    The right to say no to the sale of Personal Data. You may ask the Company not to sell your Personal Data to third parties.

•    The right to know about your Personal Data, including the categories collected, the sources from which they were collected, the business or commercial purpose for collecting them, the categories of third parties with whom we share them, and the specific pieces of Personal Data we have collected about you.

•    The right to correct inaccurate Personal Data we hold about you.

•    The right to delete Personal Data collected from you in the past twelve months, subject to the records we are required to retain.

•    The right to limit the use of sensitive personal information.

•    The right not to be discriminated against for exercising any of your rights, including by denying goods or services to you, charging different prices or rates, providing a different level or quality of goods or services, or suggesting that you will receive any of these.

Exercising your California rights

To exercise any of these rights, email or telephone us using the contact details at the end of this page. We will verify your identity before responding. We will disclose and deliver the required information free of charge within forty-five days of receiving your verifiable request, and that period may be extended once by a further forty-five days where reasonably necessary and with prior notice to you. You may use an authorized agent, in which case we will ask for proof of that authorization.

Do Not Sell or Share My Personal Information

We do not sell personal information for monetary consideration. However, some of the Service Providers we work with — for example our advertising partners — may use technology on the Service that constitutes a “sale” or “sharing” of personal information as those terms are defined under California law.

If you wish to opt out of the use of your personal information for interest-based advertising and these potential sales, you may do so in the following ways. Any opt-out is specific to the browser you use, so you may need to opt out on every browser and every device you use.

•    Email or telephone us using the contact details at the end of this page and ask us to opt you out. This is the most reliable method and we will action it directly.

•    Adjust your browser settings to refuse or delete cookies, which prevents the advertising cookies described above from operating.

•    On Android devices, use “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization.”

•    On iOS devices, use “Limit Ad Tracking” or decline app tracking when prompted.

•    Adjust your advertising preferences directly with the platforms, including Meta and Google.

You can also stop the collection of location information from your mobile device by changing its preferences.

Do Not Track, as required by CalOPPA

Our Service does not respond to Do Not Track signals. Some third-party websites do keep track of your browsing activities, and if you are visiting such websites you can set your preferences in your browser to inform them that you do not want to be tracked. You can enable or disable DNT through the preferences or settings page of your browser.

California's Shine the Light law

Under California Civil Code Section 1798.83, California residents with an established business relationship with us may request information once a year about our sharing of their Personal Data with third parties for those third parties' direct marketing purposes. To make such a request, contact us using the details at the end of this page.

California privacy rights for minor users

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services, or applications to request and obtain removal of content or information they have publicly posted. To request removal, contact us using the details at the end of this page and include the email address associated with your account. Please be aware that such a request does not guarantee complete or comprehensive removal, and that the law may not permit or require removal in certain circumstances.

Children's privacy

This Service is intended for business owners and is not directed to children. We do not knowingly collect Personal Data from anyone under the age of 16. If you believe a child has provided us with Personal Data, contact us and we will delete it.

General

Links to other websites

Our Service may contain links to other websites that are not operated by us. If you click a third-party link you will be directed to that third party's site, and we strongly advise you to review the privacy policy of every site you visit. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party site or service.

Changes to these terms and this policy

We may update these terms and this policy from time to time. We will notify you of any change by posting the new version on this page and updating the “Last updated” date at the top. Where the change is significant we will take reasonable steps to bring it to your attention, which may include email or a prominent notice on our Service. You are advised to review this page periodically. Changes are effective when posted.

Contact us

If you have any question about these terms, this policy, or the information we hold about you, please contact us:

ProCFO, LLC

320 SW Century Drive, Suite 405

PMB 312

Bend, Oregon 97702

Email: [email protected]

Telephone: (541) 610-4163