The Foundry Privacy Policy
The Foundry, a Michigan Limited Liability Company, hereinafter the “Company” or “we”, has adopted practices to safeguard your privacy online. Please read the following policy to understand how your personal information will be treated as you make full use of any or all of the Company’s websites, including, but not limited to, www.thefoundrynow.com (“Sites”), and online products and services (“Services”), and communications, including, but not limited to, online communications, newsletters, and advertisements.
Our Privacy Policy explains how we gather, store, use and distribute information about our users through the Sites & Services (as defined in our Terms of Service). Any visitor to any of the Company’s Sites shall hereby be referred to as “you” or “your.”
Overview
This Privacy Policy governs your use of the Sites & Services. This Privacy Policy describes the information we collect from you and what may happen to that information.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us through the Sites and the Services, the choices you make and the products and features you useIf you enter into correspondence or engage in any commercial or business activity with any third party in connection with your use of the Sites or Services, or provide any information to a third-party site in conjunction with any information contained on the Company’s Sites or such activity is solely between you and the applicable third party. The Company will have no liability, obligation, or responsibility for any such activity. You hereby indemnify and release the Company from all claims arising from such activity.
Information that is gathered from visitors
In common with other websites, log files are stored on the web server saving details such as the visitor's Internet Protocol (“IP”) address, browser type, referring page, and time of visit. Cookies may be used when interacting with the website. Where registration is required, the visitor's or Account Owners’ provided details will be stored.
What personally identifiable information does the Company collect?
The primary purpose of collecting information from you is to provide you with an effective and personalized experience. We collect information about you that we consider needed to accomplish this purpose. We may also collect information to help us recognize your devices and understand how you use our Sites and Services so that we can improve your experience to reflect your interests and serve you advertisements about products and/or services that are likely to be of more interest to you. Such targeted or interest-based advertising may include cross-device site advertising (i.e., tracking a user across devices). If you do not explicitly opt-out of targeted or interest-based advertising (provided below), you consent to any and all such advertising.
We collect information in several ways. Some information is collected when you purchase products and/or sign up/register for advertisements or communications. This includes such information including, but not limited to, your name, a company name, if applicable, mailing address, phone number, email address, User Name, password, and credit card information. Where possible, we indicate which fields are required and which fields are optional.
We may also collect personal information when you report an issue, either through the Sites’ email, direct mail, or by phone. We may also ask for personal information at other times, such as, but not limited to, if or when you make payments to the Company. If you contact the Company, we may keep a record of that communication.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information collected and its use:
Registration Data and Personal Information Provided by You. When you subscribe to any e-mail or text communications, we ask for information such as your legal name, phone number, and email address. We may also collect names; phone numbers; mailing addresses; job titles; billing addresses; debit/credit card numbers; and other similar information.
Content You Make Available. If you have the ability to upload content to the Company via the Sites & Services, such as a photo and description or results or testimonials, or such information you enter is captured by the Sites & Services, you give express consent for the Company to use all content to the fullest extent permitted by law.
Transactional Notifications. We may provide notifications for certain activities relating to your use of our Sites & Services despite your e-mail preferences; for example, we may send you notices of any updates to our Privacy Policy.
Marketing Communications. If you sign up to use our Sites & Services or opt-in to receive marketing communications from us, you allow us to keep you up to date on our products and Services. You may withdraw your consent to receiving marketing communications from us at any time by following the opt-out instructions in each communication.
Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter or other social media account. Where you choose to do this, we may receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform.
Statistics. We may also collect statistics about the use of our Sites & Services which we use for analytics such as predictive analytics. Aggregate statistics that do not contain personally identifiable information will be maintained by us and such statistics may be made available to other members or third parties in aggregate non-personalized form only.
· Log Files. Log files track actions occurring on the Site and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
· Web Beacons. “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
· Cookies. Cookies are used by us to track content usage and traffic on the Sites & Services. A cookie is a feature of your web browser consisting of a text file placed on your hard disk by a web server. Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Cookies may be used to track your return visits to the website. Your personal data, including, but not limited to your visitor IP address, may be collected from you using tracking technologies such as third-party cookies and non-cookie technologies when visiting the Company’s Sites or using the Company’s Services. Cookies help us compile aggregate statistics about usage of these Sites & Services, such as how many users visit the Sites or how long users spend viewing the Sites or logged into/using the Sites, and what pages are viewed most often. Cookies may also be used in order for the Company to serve targeted advertising to you. This information is used to improve the content of the Sites & Services. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Sites & Services. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
· Third-Party Cookies. In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Sites and/or use our Services. This includes third-party analytics services that may be engaged to help analyze how users use the Sites & Services, as well as third parties that deliver content or offers. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from these reports only to improve our Sites & Services.
Third-party advertising companies may also use cookies for tracking purposes.
Your IP address is reported by your web browser whenever you visit a page on the Sites. This information is recorded along with your registration information on our databases.
Behavioral Advertising
You may be targeted with advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt-out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
Do Not Track Signals
We do not currently respond to ‘do not track’ signals/mechanisms that may allow consumers to opt-out of tracking on our Sites & Services.
Who is collecting information?
When you are using the Sites & Services and are asked for personal information, you are sharing that information with the Company, and any affiliated companies, unless we specifically state otherwise or unless we are processing a payment in which case information is given to the credit card processor. Third-party advertising companies may also use cookies for tracking purposes.
Changes to our Privacy Policy
We may change this Privacy Policy without advance notice. Please visit this page periodically to see the most current Privacy Policy that governs your use. If you object to any of the changes and no longer wish to use our Sites & Services, you may cancel your account(s). All changes are effective immediately upon posting and your use of our Sites & Services after a notice of material change or posting of an updated Privacy Policy shall constitute your consent to all changes. By visiting the Sites and/or using the Services, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use or access the Sites or Services.
How does The Company use my information?
The Company may use your information to provide you with a customized browsing experience and display personalized content. We also may use your personal information to process orders, such as sending your credit card, name, and zip code to the credit card processor so your payment goes through correctly; resolving disputes; troubleshooting issues; responding to your questions; detecting and protecting against error, fraud, or other criminal activity; and enforce our Terms of Service. The Company also reserves the right to use your data, without linking it to you personally, to determine the accuracy of data used by our system to make our program run easier and more effectively. Additionally, we may use your information to contact you about products or Services we or affiliated companies may have to offer.
You may cancel your authorization to receive this marketing information at any time.
Additionally, we may use the information we collect or receive:
· To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
· To post testimonials. We post testimonials regarding our Services that may contain personal information. By providing the Company a testimonial, you automatically consent to the Company using your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at info@thefoundrynow.com and be sure to include your name, testimonial location, and contact information.
· Request feedback. We may use your information to request feedback and to contact you about your use of our Services.
· To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
· To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
· To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
· To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
· To enforce our terms, conditions and policies. We may use your information to enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
· Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
· Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
· To deliver and facilitate the delivery of Services to you. We may use your information to provide you with the requested service.
· To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
· To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we may collect personal information from you.
With whom does The Company share my information?
The Company will not sell any of your personally identifiable information.
The Company will not disclose your personally identifiable information except with our affiliated companies, unless we have your permission or under special circumstances, such as those described below:
· External Service Providers. Separate Services may be offered by third parties, also known as external service providers, including, but not limited to, programs and information. Their privacy policy governs the use of your information. The Company is not liable to you in any way for your use of their sites or those external service providers’ privacy policies.
· The Company Employees and Contractors. Some of our employees and/or independent contractors are subject to non-disclosure agreements with us. These and other legal restrictions prohibit their use of the information you provide us for any purpose except to facilitate specific Company-related operations unless you explicitly agreed or gave prior permission to them for additional uses.
· Advertisers. If you complete a transaction with an advertiser linked to the Company, the information obtained during your visit to that advertiser, and the information you give, may be provided to the advertiser. Advertisers linked to the Sites have separate policy practices for which the Company has no responsibility or liability.
· Affiliated Companies. The Company may disclose, transfer, and sell Individual Information to entities affiliated with the Company (either by contract, ownership or otherwise) at the Company’s discretion.
· Other. We may disclose account information where we have reason to believe that disclosing the information is necessary to identify, contact, or bring legal action against someone who may be violating the Company's policies as specified in the Privacy Policy or Terms of Service, violating state or federal law, or maybe causing injury to or interference with (either intentionally or unintentionally) The Company's rights or property, other Sites users or subscribers, or anyone else that could be harmed by such activities. The Company may disclose or access account information when we believe in good faith that the law requires it, to respond to subpoenas, court orders, and other legal processes, and for administrative and other purposes we deem necessary to maintain and improve our Sites & Services. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
We may need to process your data or share your personal information in the following situations:
· Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
· Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Place API).
· Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Services) or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly made available outside the Services in perpetuity. If you interact with other users of our Services and register for our Services through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services, and view your profile.
We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users or subscribers may abuse or misuse your personal information that they unlawfully collect from the Sites. We use industry-standard practices to protect your privacy; however, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
When you provide credit card or other payment information to pay for the Company subscriptions, your credit card and financial information are processed by a third-party subscription management provider. The Company does not store and does not have access to detailed credit card information.
Your e-mail address will not be sold, rented, or leased to third parties.
Retention
We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to delete completely all your Personal Information due to technological and legal constraints.
When we have no ongoing legitimate business need to process your personal information, we may either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Communication
The Company will contact you if you complete a contact form on the Sites, if you sign up for a membership, or if you contact us directly by phone or email. We may also contact you regarding our products and Services by email. Only the Company, our affiliated companies, or independent contractors working on behalf of the Company, will contact you. The Company may communicate with you via phone, email, or direct mail. If you do not wish to receive such communications, contact us by following the instructions which are included in the e-mail that you receive, on our contact page, or write to us at the following address:
The Foundry
118 E Harris St,
PO Box 367
Cadillac, MI 49601
info@thefoundrynow.com
Please be advised that if you complete a contact form on any of our Sites or Services, you have expressly agreed to be contacted by the Company, including via phone, regardless of whether you are listed on the National or State Do Not Call Registries.
What security precautions are in place to protect the loss, misuse, or alteration of my information?
Whenever the Company handles your personal information, we take steps to ensure that your information is treated securely and in accordance with the relevant Terms of Service and this Privacy Policy. We use procedural and mechanical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy.
Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. We cannot, therefore, warrant or ensure the security of any information you transmit to us or from our Sites & Services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
Your Rights and Options
If you have subscribed to one of our communications, you may unsubscribe by following the instructions which are included in the e-mail that you receive.
You may be able to block cookies via your browser settings, but this may prevent you from accessing certain features of the website.
You can decline to have personal data collected via third-party tracking technologies by navigating to the settings feature in their browser and declining all third party cookies or declining third party cookies from specific sites, or, for mobile, limiting ad tracking or resetting the advertiser identifier via the privacy settings on your mobile device.
Some partners may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit you to block such technologies. For this reason, you can use the following third-party tools to decline the collection and use of information to serve your interest-based advertising.
An opt-out link or third-party tool that opts users out of targeted or interest-based advertising. Available third-party opt-out tools include the Digital Advertising Alliance, and the Network Advertising Initiative.
The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
We cannot guarantee that any third-parties associated with the Sites and/or Services are affiliated with the Digital Advertising Alliance or the Network Advertising Initiative.
Children’s Privacy
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
The Company will never knowingly collect any personal information about children under the age of 13. If the Company obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because it does not collect such information, the Company has no such information to use or to disclose to third parties. The Company has designed this policy in order to comply with the Children's Online Privacy Protection Act ("COPPA").
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA) or the United Kingdom (UK), you have certain data protection rights. The Company aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed of what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
The right to access, update, or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where the Company relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information herein. Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to the United States or Canada.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html
Our Sites and Services are intended only for U.S. users.
However, notwithstanding the foregoing, if you are a non U.S. user of the Sites and/or Services, by visiting the Sites and providing us with data, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By providing your data, you consent to such transfer and waive any and all applicable rights you may have and consent to the remedies and limitations of liability contained herein.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
· Logging into user account settings and updating the user account.
· Log in to your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.
Limitation of Liability
In no event shall the Company be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, regardless of the type of claim or legal theory asserted, arising out of or in any way connected with (i) the use of or inability to use the site or any materials, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Site or any materials, even if the Company or our authorized representatives have been advised of the possibility of such damages. In no event shall the aggregate liability of the Company (whether in contract, warranty, tort, strict liability, or other theory), arising out of or relating to the site or any site-related materials or services, exceed your purchase price.
Further, unless prohibited by law, no action shall be entertained by arbitration or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In such states, the Company’s liability is limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, and our officers, directors, employees, agents, licensors, and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties, or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of: (i) your violation of the Privacy Policy; (ii) your use of the Site; (iii) any Submissions you supply; or (iv) your violation of any law or the rights of a third party.
Governing Law; Dispute Resolution
This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Michigan. In the event of a dispute regarding this Privacy Policy or the respective rights of the Parties hereunder, the Parties agree to submit such dispute exclusively to binding arbitration under Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), at the discretion of the Party filing such demand for arbitration, in Cadillac, Michigan before a single professional arbitrator selected by the Parties or, if the Parties cannot agree on an arbitrator, appointed by JAMS or AAA, as relevant. Any such arbitration shall be commenced within fifteen (15) days of the selection of the arbitrator and the discovery rules contained in the Michigan Rules of Civil Procedure shall apply to all such proceedings in the event the arbitrator does not set out alternative discovery rules. The arbitrator shall order all remedies permitted by law, award attorney's fees and costs to the prevailing party, and require that the entire proceeding, including the existence of the proceeding, be held confidential by the Parties, and shall not be disclosed by any Party. Any and all orders issued by the arbitrator shall be enforced by a state court of competent jurisdiction located in Cadillac, Wexford County, Michigan.
Invalidity and Waiver
If any portion of this Privacy Policy is held invalid or inoperative, then so far as is reasonable the remainder of this Privacy Policy will be deemed valid and operative, and effect will be given to the intent manifested by the portion held invalid or inoperative. Except to the extent provided otherwise herein, the failure by the Company to enforce any term or provision of this Privacy Policy will not constitute a waiver of the Company’s right to enforce any other such term or provision.
Assignment
The Company may assign its rights and duties under this Privacy Policy to any party at any time.
Additional Information
Any questions regarding this statement should be directed to the Company.
This Privacy Policy is the sole authorized statement of the Company's practices with respect to the online collection of personally identifiable information and the usage of such information. Any summaries of this Privacy Policy generated by third-party software or otherwise shall have no legal effect, are in no way binding upon the Company, shall not be relied upon in substitute for this Privacy Policy, and neither supersede nor modify this Privacy Policy.
The Company reserves the right to transfer any and all information we collect from visitors, or we otherwise collect concerning or in connection with the Sites & Services to a third party in the event of a sale or other transfer of assets or of any portion of our business.
Information for Nevada Residents
We comply with the requirements of the Nevada Privacy law, which provides residents with choices regarding how we share information.
Nevada Covered Personal Information
("Nevada PI") includes personally identifiable information about a Nevada consumer collected online, such as an identifier that allows the specific individual to be contacted. Nevada PI also includes any other information about a Nevada consumer collected online that can be combined with an identifier to identify the specific individual.
The Nevada PI We Collect and Share
For information regarding the categories of Nevada PI we collect, please see the information we collect section of this Privacy Policy. In addition, for information regarding the categories of third parties with whom we may share Nevada PI, and those that may collect Nevada PI regarding your online activities over time, please see the how we share your information section of this Privacy Policy.
Your Rights under Nevada’s Privacy Law
You can ask us not to sell your Nevada PI by contacting us as provided herein. Once we receive and verify your request, we will not sell this information unless you later allow us to do so.
Information For California Residents
This section supplements the information contained in this Service Privacy Notice and applies solely to visitors, users, and others who are residents of the State of California, as defined in Section 17014 of Title 18 of the California Code of Regulations.
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
Only if this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
This section is effective as of January 1, 2020, to comply with the California Consumer Privacy Act of 2018 (“CCPA”).
Any terms defined in the CCPA have the same meaning when used in this section.
Information We Collect and the Purposes for Which this Information is Used
We collect information that identifies, relates to, describes, references is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). This collection of information is listed in the sections “Information that is gathered from visitors,” “What personally identifiable information does the Company collect,” and “Information collected and its use” above.
For clarity, under CCPA personal information does not include:
· Publicly available information from government records;
· De-identified or aggregated consumer information; and
· Information excluded from the CCPA's scope such as:
o health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
o personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
Right to Know and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
· The categories of personal information we collected about you;
· The categories of sources for the personal information we collected about you;
· Our business or commercial purpose for collecting or selling that personal information;
· The categories of third parties with whom we share that personal information;
· The specific pieces of personal information we collected about you (otherwise known as a data portability request); and
· Two separate lists where we have sold or disclosed your personal information for a business purpose:
o Sales: identifying the personal information categories that each category of recipient purchased; and
o Disclosures for a business purpose: identifying the personal information categories that each category of recipient obtained.
Right to Delete
You have the right to request that we delete any of your personal information that we collect from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our services providers to delete, to the extent possible) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
· Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relations with you, or otherwise perform our contract with you;
· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible for such activities;
· Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided by law;
· Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
· Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent;
· Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
· Comply with a legal obligation; and
· Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Right to Know, Data Portability, and Right to Deletion
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable request for access to data portability twice within a 12-month period. The verifiable consumer request must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot: (i) verify your identity or authority to make the request; and (ii) confirm the personal information relates to you.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
If you are using an authorized agent to exercise your right to opt-out or right to deleted, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.
The Company has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. The Company has no plan or intention to sell personal information in the future belonging to website visitors, users and other consumers.
Response Timing and Format
We will deliver our written response to you electronically unless you indicate delivery to be by mail.
Any disclosures we provide to you will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot complete a request, if applicable. Please note that personal information deleted during this period as set out herein will not be provided.
The format of our responses to you concerning personal information collected, disclosed, or sold will be provided in a readily useable format that should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
· Deny you goods or services;
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
· Provide you a different level or quality of goods or services; or
· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
· However, we may offer you certain financial incentives permitted by CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Category Examples Collected
A. Identifiers Contact details, such as real name, alias, postal address, YES
telephone or mobile contact number, unique personal identifier,
online identifier, Internet Protocol address, email address and
account name
B. Personal information Name, contact information, education, employment, NO
categories listed in the employment, employment history and financial information
California Customer
Records statute
C. Protected classification Gender and date of birth NO
characteristics under
California or federal law
Gender and date of birth
D. Commercial Transaction information, purchase history, NO
information financial details and payment information
E. Biometric Fingerprints and voiceprints NO
information
F. Internet or Browsing history, search history, online behavior, NO
other similar and interactions with our and
network activity other websites, applications, systems and advertisements
G. Geolocation data Device location NO
H. Audio, electronic, Images and audio, video or call recordings created NO
visual, thermal, in connection with our business activities
olfactory, or similar
information
I. Professional or Business contact details in order to provide you our services NO
employment-related at a business level, job title as well as work
information history and professional qualifications if you apply for a job with us
J. Education Student records and directory information NO
Information
K. Inferences drawn Inferences drawn from any of the collected personal NO
from other personal information listed above to create a profile or summary about,
information for example, an individual’s preferences and characteristics
Summaries of No Legal Effect
Any summaries of this Policy generated by third-party software, artificial intelligence, or otherwise shall have no legal effect, are in no way binding upon the Company, shall not be relied upon in substitute for this Policy, and neither supersede nor modify this Policy