Last Revised: September 30, 2019
1.PERSONAL INFORMATION WE COLLECT
2.HOW WE USE YOUR PERSONAL DATA
3.CATEGORIES AND PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
4.PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
6.WHO WE SHARE YOUR DATA WITH
7.OUR COMMITMENT TO DATA SECURITY
9.INTERNATIONAL TRANSFERS OF INFORMATION
11.ADDITIONAL INFORMATION ABOUT YOUR RIGHTS
12.E.U. RESIDENTS AND E.U. U.S. PRIVACY SHIELD FRAMEWORK
13.DISPUTE RESOLUTION (E.U. RESIDENTS)
14.PRIVACY RIGHTS & DATA PROTECTION OFFICER
15.INFORMATION SECURITY & CONFIDENTIALITY
17.NOTICE TO CANADIAN RESIDENTS
18.CALIFORNIA PRIVACY RIGHTS
19.OTHER SITES LINKED TO SERVICES
1. PERSONAL INFORMATION WE COLLECT
1.1 Personal Data. “Personal Data” is information that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. Personal Data is required when you use the register or create an Account; purchase merchandise; request information from us; sign up for e-mails or otherwise communicate with us. We may also connect Personal Data you provide by interacting with us through social media or other forums.
1.3 Special Categories. We do collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, information about your health and/or genetic and biometric data).
2. HOW WE USE YOUR PERSONAL DATA
We will only use the details collected from you:
(a) To manage your Account;
(b) To provide you with Services;
(c) To improve customer service;
(d) To administer and maintain our Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
(e) To contact you including sending information and updates relating to Services, questions or requests and/or for the provision of customer services;
(f) To use data analytics to improve our Services, user relationships and experiences.
(g) To address problems with our Service and to protect the security or integrity our business.
3. CATEGORIES AND PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
3.1 Data Categories
(i) Account Data. Account Data includes first name, last name, username, marital status, age, gender and other preferences.
(ii) Contact Data. Contact Data includes billing address, email address and telephone numbers.
(iii) Payment Data. Payment Data includes payment card/account details.
(iv) Technical Data. Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Service.
(v) Profile Data. Profile Data includes your username, password and/or photos used in connection with your Account.
(vi) Usage Data. Usage Data includes information about how you use our Service.
3.2 Purpose for use.
We identify the purpose for which we use your Personal Data as follows:
PURPOSE DATA CATEGORY BASIS FOR PROCESSING
Account and Membership (a) Account Data
(b) Contact Data
(c) Payment Data Required for Service and to provide you with customer service
Administration of Services (a) Account Data
(b) Contact Data (a) Performance of providing you with Service
(b) Necessary to comply with our legal obligations
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our Service)
To contact you (including sending information and updates relating to our Service. (a) Account Data
(b) Contact Data
(c) Usage Data
(d)Technical Data Necessary for our legitimate business interests (to study how users use our Service, and to develop and improve them)
To use data analytics to improve our Services, products/services, marketing, user relationships and experiences (a) Technical Data
(b) Usage Data Necessary for our legitimate business interests (to define types of users for our Service and to keep our Service updated)
(i) Change of Purpose.
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL DATA WITHOUT YOUR KNOWLEDGE OR CONSENT, IN COMPLIANCE WITH THE ABOVE RULES, WHERE THIS IS REQUIRED OR PERMITTED BY LAW.
4. LIMITING OR PROHIBITING USE OF YOUR PERSONAL DATA
DEPENDING ON YOUR JURISDICTION YOU MAY PARTIALLY OR WHOLLY OUT-UP OF HAVING YOUR PERSONAL DATA USED BY EMAILING US. PLEASE INCLUDE “OPT-OUT” IN THE SUBJECT LINE OF EACH OPT-OUT NOTIFICATION ALONG WITH A SHORT CONCISE DESCRIPTION SPECIFYING HOW YOU WOULD LIKE TO LIMIT OR RESTRICT THE PROCESSING OF YOUR PERSONAL DATA. PLEASE NOTE THAT RESTRICTING THE PROCESSING OF YOUR PERSONAL DATA WILL LIKELY IMPACT YOUR ABILITY TO ACCESS AND USE ALL FEATURES OF OUR SERVICE.
5. NON-PERSONAL DATA
5.1 Non-Personal Data. “Non-Personal Data” is data that is not associated with or linked to your Personal Data; and does not, by itself, permit the identification of individual persons. We may use a variety of technologies such as cookies, web beacons, embedded scripts, or other technologies to collect Non-Personal Data about visitors to, and users of, our Service and interactions with our e-mails and online and mobile advertisements, and to allow us to keep track of analytics and certain statistical information. This may include the following:
(a) Analytics and Log Files. We may automatically collect certain information from you, including but not limited to your browser type, device type and model, operating system, unique device identifier of any of your computer(s) or device(s) that are used to access our Service, software version, Internet Protocol (IP) address, geo-location, preferred language, and the domain name from which you accessed our Service. PLEASE NOTE THAT YOUR IP ADDRESS MAY BE CONSIDERED PERSONAL DATA DEPENDING ON YOUR JURISDICTION.
(ii) Web Beacons/Tags. We automatically collect aggregate anonymous information through web beacons. We may also deliver a file to you through the websites (known as a “web beacon”) from an advertising network with which we have contracted. Web beacons allow third-parties to provide anonymized, aggregated auditing, research, and reporting for us.
6. WHO WE SHARE YOUR DATA WITH
We share your Personal Data as follows:
(a) Service Providers. We may share your information with third-party service providers that provide business, professional, or technical support functions that make products, our Service available to you.
(b) Third-Parties. We do not share Personal Data with third-parties for their direct marketing purposes without your permission.
(c) Legal Matters; Safety. We may access and disclose your information to respond to subpoenas, judicial processes, or government requests and investigations, or regarding an investigation on matters related to public safety, as permitted by law, or otherwise as required by law. We may disclose your information to protect the security of our Service including our servers, network systems, and databases. We also may disclose your information as necessary, if we believe that there has been a violation of our Agreement, any other legal document or contract related to our Service, or the rights of any third-party.
(d) Sale or Transfer of Business or Assets. We may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, the information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third-parties.
(e) Non-Personal Data. We may share Aggregate Data, anonymous, or de-identified Non-Personal Data with third-parties for their marketing or analytics uses.
7. OUR COMMITMENT TO DATA SECURITY
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We regularly monitor our systems for possible attacks and vulnerabilities, but we can’t warrant the security of the data you send us even with the safeguards we have put in place.
8. YOUR CHOICES
You have the following choices regarding your Personal Data. To protect your privacy and security, we may take reasonable steps to verify your identity before any request for access or alteration of your Personal Data.
(a) How You Can Access or Correct Your Information. You can access a variety of your personally identifiable information that we collect online and maintain it either online, or by contacting our customer service representatives via the e-mail address in the Contacting Us section below. We use this procedure to better safeguard your information. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
(b) How You Can Cancel Your Account. You can ask us to cancel your Account at any time using the “cancel account” feature. When you ask us to cancel your account, we will remove it from our Service and it will no longer be viewable by other users or the public. Upon Account cancellation, you will be able to reactivate your account within two years, after which your Personal Data will be destroyed and/or anonymized.
(c) How You Can Request for Your Information To Be Deleted. You can ask us to delete your personal data at any time using the “delete my account and data” feature (provided it is no longer necessary for legal purposes or to provide services to you). You may also place a request by contacting our privacy team via e-mail at the e-mail address in the Contacting Us section below. We will delete and/or anonymize all your Personal Data we are not legally required to maintain within 30 days. IF YOU REQUEST YOUR PERSONAL DATA BE DELETED, ANY OUTSTANDING ORDER OR TRANSACTION WILL BE IRREVOCABLY TERMINATED AND YOU WILL NOT BE ABLE TO RESTORE YOUR ACCOUNT OR RETRIEVE YOUR PERSONAL DATA UPON DELETION.
(d) Opting out
(i) E-mail. Any subscription to various marketing e-mails can be cancelled by clicking the “unsubscribe” links in the e-mails, changing preferences in the “Your Account” area online, or sending a request to the e-mail address in the Contacting Us section below..
(ii) Analytics. You may learn more about opting-out of analytics by visiting https://mixpanel.com and http://www.flurry.com.
(iii) Cookies. You may disable, or delete cookies in your Web browser, but doing so may impact the usability of the website. To block cookies, you can also browse our Service using your browser’s anonymous usage setting (called “Incognito” in Chrome, “In Private” for Internet Explorer, “Private Browsing” in Firefox and Safari etc.)
9. INTERNATIONAL TRANSFERS OF INFORMATION
Information collected in the European Economic Area (“EEA”) may be transferred, stored and processed by us and our services providers in the United States and other countries whose data protection laws may be different than the laws of your country. Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented. In particular, we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries. Where we use providers based in the U.S., we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Data shared between the Europe and the U.S. For further details, see European Commission: EU-US Privacy Shield on https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.
Please contact us at the e-mail address in the Contacting Us section below if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.
10. YOUR RIGHTS
Under certain circumstances, you have the following rights under Data Protection laws. To protect your privacy and security, we may take reasonable steps to verify your identity before any exercise of the following rights according to applicable law.
(a) Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
(b) Request correction of your Personal Data. Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
(c) Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
(d) Object to processing of your Personal Data. Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third-party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
(e) Request restriction of processing your Personal Data. Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
(f) Request transfer of your Personal Data. Request the transfer of your Personal Data to you or to a third-party. We will provide to you, or a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
(g) Right to withdraw consent. Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain features of our Services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at the e-mail address in the Contacting Us section below.
11. ADDITIONAL INFORMATION ABOUT YOUR RIGHTS
(a) No fee usually required. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
(b) What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
(c) Time limit to respond. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
12. E.U. RESIDENTS AND E.U. U.S. PRIVACY SHIELD FRAMEWORK
13. DISPUTE RESOLUTION (E.U. RESIDENTS)
(a) General. If you reside in E.U. and have any questions or concerns regarding the use or disclosure of Personal Data, you should first contact us for assistance. We will promptly investigate and attempt to resolve all complaints regarding our use of Personal Data. In the event we are unable to mutually resolve a complaint; we will work with you and agree to refer your complaint to an independent dispute resolution mechanism. In the event we are unable to resolve your claim, you should contact our U.S. based third-party dispute resolution provider free of charge at JAMS in SF. In certain instances conditions, described on the Privacy Shield’s website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
(b) Questions and concerns. Any questions or concerns regarding the use or disclosure of Personal Data should first be directed us. We will promptly investigate and attempt to resolve all complaints regarding our use of Personal Data. In the event we are unable to mutually resolve a complaint; we will work with you and agree to refer your complaint to an independent dispute resolution mechanism. You may also work with the Data Protection Authority in your country http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm to assist with this process as well.
14. PRIVACY RIGHTS & DATA PROTECTION OFFICER
(a) General. You may modify the information you have provided to us at any time through your Account. You can also opt-out of receiving marketing communications, deactivate, or delete your Account at any time.
(b) Data Protection Officer. We have appointed a Data Protection Officer to ensure continued commitment to privacy and security practices. For further information please contact us at the e-mail address in the Contacting Us section below..
15. INFORMATION SECURITY & CONFIDENTIALITY
We maintain (and requires its subcontractors and service providers to maintain) appropriate organizational and technical measures designed to protect the security and confidentiality of any information we process. However, no organizational or technical measures are 100% secure so you should take care when disclosing information online and act reasonably to protect yourself online.
16. DATA RETENTION
How long will you use my Personal Data for?
We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, audit, reporting and/or corporate compliance requirements.
To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
17. NOTICE TO CERTAIN INTERNATIONAL MEMBERS
If you are a citizen of Canada, Brazil or Mexico and have questions about the accuracy of information that we have collected about you, you can have access to that information in order to verify and update it, unless we are permitted or required under applicable laws to refuse your access to such information. You may write or email us the e-mail address in the Contacting Us section below
18. CALIFORNIA PRIVACY RIGHTS
Section 1798.83 of the California Civil Code entitles residents of California to request a notice detailing the categories of Personal Data that we have shared with third-parties for direct marketing purposes during the preceding calendar year, as well as the identity of those third-parties. To request a copy of your Personal Data maintained by us, please contact us as at the e-mail address in the Contacting Us section below.
19. OTHER SITES
22. CONTACT US