Interpretation and Other Definitions
Interpretation and Other Definitions
The words for which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for Users to access the Website, Applications, or parts thereof.
- Country refers to United States.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Website or Applications, to provide the Website or Applications services on behalf of the Company, to perform services related to the Website or Applications, or to assist the Company in analyzing how the Website or Applications are used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Website or Applications.
- Cookies are small files that are placed on Users computer, mobile device, or any other device by a website, containing the details of Users browsing history on that website among its many uses.
- Device means any device that can access the Website or Applications such as a computer, a cellphone, or a digital tablet.
- Usage Data refers to data collected automatically, either generated using the Website or Applications, or from the Website infrastructure itself (for example, the duration of a page visit).
Collecting and using user’s personal data
Types of data collected
While using the Website or Application, Company may ask for certain personally identifiable information that can be used to contact or identify Users. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, city, state, province, ZIP/postal code
- Usage data
Usage Data is collected automatically when using the Website or Application.
Usage Data may include information such as Users’ Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the Website that Users’ visit, the time and date of Users’ visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When Users access the Website or Application by or through a mobile device, Company may collect certain information automatically, including, but not limited to, the type of mobile device Users use, Users’ mobile device unique ID, the IP address of Users’ mobile device, Users’ mobile operating system, the type of mobile Internet browser Users use, unique device identifiers and other diagnostic data.
Company may also collect information that Users browser sends whenever Users visit and use Company’s Website or Application, or when Users access the Website or Application by or through a mobile device.
Tracking Technologies and Cookies
The Website and Applications may use “cookies” to help Users personalize their online experience. A cookie is a text file that is placed on Users hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to Users and can only be read by a web server in the domain that issued the cookie to Users.
One of the primary purposes of cookies is to provide a convenience feature to save Users time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if Users personalize Website or Application pages, or register with Website, Application or other services, a cookie helps the Website or Application to recall Users’ specific information on subsequent visits. This simplifies the process of recording personal information. When you return to the same website, the information you previously provided can be retrieved, so you can easily use the features that Users customized.
Use of Users Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain the Website or Application, including to monitor the usage of the Website or Application.
- To manage Users’ Account: to manage Users’ registration as a user of the Website or Application. The Personal Data Users provide can give Users access to different functionalities of the Website or Application that are available to registered Users.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products or services Users have purchased or of any other contract with the Company through the Website or Application.
- To contact Users: To contact Users by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide Users with news, special offers and general information about other goods, services, and events which we offer that are similar to those that Users have already purchased or enquired about unless Users have opted not to receive such information.
- To manage Users requests: To attend and manage Users requests.
- We may share Users personal information in the following situations:
- Provide Users with our products and services.
- We may share Users personal information with Service Providers to monitor and analyze the use of the Website or Application, to contact Users.
- We may share or transfer Users personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of the Company’s business to another company.
- Company may share Users information with Company’s business partners to offer Users certain products, services, or promotions.
Transfer of Users Personal Data
Users’ information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Users state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from Users jurisdiction.
Disclosure of Users Personal Data
Under certain circumstances, the Company may be required to disclose Users Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Users Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Website
- Protect the personal safety of Users of the Website or Application, or the public
- Protect against legal liability
Security of Users Personal Data
The Company has implemented appropriate and commercially reasonable technical and organizational security measures designed to protect the security of any personal information Company processes. However, despite these safeguards and efforts to secure Users’ information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure. Therefore, the Company cannot guarantee the absolute security of Users’ information.
Users California Privacy Rights
California’s Shine the Light Law
Under California Civil Code Section 1798 (California’s Shine the Light Law), California residents with an established business relationship with Company can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If Users would like to request more information under the California Shine the Light Law, and if Users are a California resident, Users can contact the Company using the contact information provided below.
California Privacy Rights for Minor Users
(California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow 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 of such data, and if Users are a California resident, Users can contact Company using the contact information provided below and include the email address associated with Users account.
Be aware that Users’ request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
Company has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party sites or services.