General Data Protection Regulation
Your Privacy Rights under the GDPR
The GDPR includes the following rights for EU data subjects who provide their information to the Company in connection with the Product, Services or our Website:
- The right to be informed about how we store, use, or share your data;
- The right to access your data;
- The right to rectify your data;
- The right to have us erase your data;
- The right to prevent us from processing your data;
- The right to request copies of your data from us in a commonly-used and machine-readable format, free of charge, for the purposes of transfer to a third party, where technically feasible;
- The right to object to use or sharing of your data; and
- The right not to be subject to automated decision-making, including profiling.
Data Protection Officer
The Company appoint Tom Daniel as the Data Protection Officer (“DPO”) for this Company. The DPO will be responsible for all Company data protection compliance activities and can answer any questions you may have about your Personal Information. The DPO may be reached at firstname.lastname@example.org.
The Company is the legal entity which determines the purpose and means of the processing of Personal Information of the customers of the Company and visitors to its Application and/or Website (“Data Controller”), with the exception of processing payments, for which Stripe is the Payments Data Controller. The Company is responsible for collecting your consent, managing consent-revoking, enabling right to access, etc. If you wish to revoke consent for us to store, use, or share your Personal Information, you may contact the DPO at email@example.com.
The Company is the legal entity which processes your Personal Information (“Data Processor”). The Company has not retained any third-party service provider to process your Personal Information. Any processing of Personal Information shall be done solely by the Company. The Company maintains records of any processing activities it performs and is able to show how the Company complies with data protection principles under the GDPR. It has effective policies and procedures in place. If you have questions regarding the processing of your Personal Information, you may contact the DPO at firstname.lastname@example.org.
Data Protection Authority (DPA)
Because the Company is not established in the European Union, the Company is obligated to designate a Data Protection Authority (“DPA”). The Company has identified the Data Protection Commission (“DPC”) in Ireland as DPA. The DPC, in coordination with the DPO, oversees Company data processing activities and may investigate the Company and impose fines as necessary to ensure the Company’s compliance with the GDPR. The DPC can be reached at https://www.dataprotection.ie/docs/Home/4.htm.
The Company has reasonable internal policies and procedures in place to effectively detect, report, and investigate a data breach. The Company will notify you of a Personal Information breach where the Personal Information breaches are likely to present a risk to data subjects to data protection authorities (“DPAs”) without undue delay, and within 72 hours if feasible, after becoming aware of the breach; and communicate high-risk breaches to affected data subjects without undue delay. The Company will provide you with: (i) contact details of the Data Protection Officer (“DPO”) or other contact person, (ii) a description of the nature of the breach, (iii) likely consequences of the breach, (iv) measures the organization has taken or proposes to take to address the breach, and (v) advice on steps data subjects can take to protect themselves.
Our Response to Your Requests
If you make any requests regarding your Personal Information, we will not charge you for compliance with the request. The Company will respond and comply within one month. The Company reserves the right to refuse or charge for requests that are manifestly unfounded or excessive. If we refuse your request, we will tell you why we are refusing your request. You have the right to complain to the relevant supervisory authority and to a judicial remedy, but you must do so within one month of our refusal.
Without prejudice to any other administrative or judicial remedy, every EU data subject shall have the right to lodge a complaint with a DPA, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement of the data subject considers that the processing of Personal Information relating to him or her infringes this Regulation.
Data Protection Impact Assessment (DPIA)
Any company whose data processing is likely to result in a high risk to data subjects, such as where processing is on a large scale, should perform a Data Protection Impact Assessment (“DPIA”). While the Company is not required to make the DPIA public, the Company voluntarily elects to provide any interested persons with a DPIA summary. Those interested persons may contact the DPO at email@example.com.
Legitimate Business Interest under the GDPR
Our use of your Personal Information is based on the legitimate business grounds that:
- The use is necessary in order to fulfill our commitments to you under the Agreement or other agreements with you or is necessary to administer your Account – for example, in order to enable access to our Application on your device or charge you for our Services;
- The use is necessary for compliance with a legal obligation;
- The use is necessary in order to protect your vital interests or those of another person or entity;
- We have a legitimate interest in using your information – for example, to provide and update our Application, Product or Services, to improve our Application or Services so that we can offer you an even better user experience, to safeguard our Application or Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, to better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; and/or
- You have given us your consent.
Use and Sharing of Personal Information
This provision applies to any person who shares with us his, her, or a third-party’s Personal Information. We may use and/or share your Personal Information:
- To respond to your inquiries and requests regarding our Application, Website, Product, or Services.
- To send you information regarding our Product and Services and changes to our terms, conditions, and policies.
- To complete your Application registration, process your payments, and communicate with you regarding your use or purchase of our Product or Services.
- To send you marketing communication and newsletters about our Product and Services.
- To personalize your experience on our Application and/or Website.
- To inform you and allow you to participate in our Company’s promotions.
- To facilitate social sharing functionality.
- To collaborate with business affiliates, partners, vendors, or service providers to provide you with our Product and/or Services.
- In connection with our business purposes, including but not limited to data analysis, audits, fraud monitoring and prevention, developing or enhancing new and existing products and/or Services, expanding our business activities, etc.
We will not use and/or share your Personal Information:
- With anyone except for our Company’s authorized service providers, business affiliates, and business partners, and strictly for business purposes; or unless we specifically inform you and give you an opportunity to opt out of our sharing your Personal Information.
- To run interest-based advertising campaigns that collect Personal Information such as email addresses, telephone numbers, and credit card numbers.
- To use or associate Personal Information with remarketing lists, cookies, data feeds, or other anonymous identifiers.
- To use or associate targeting information, such as demographics or location, with any Personal Information collected from the ad or its landing page.
- To share any Personal Information with Google or other third party companies through our remarketing tag or any product data feeds which might be associated with our ads.
- To send Google or other third party companies precise location information without obtaining your consent.
However, we reserve the right to disclose Personal Information that we believe, at our sole discretion, to be necessary or appropriate in the following circumstances:
- As required by law, such as to comply with a subpoena, or similar legal process.
- When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
- To enforce our End User License Agreement or any other terms in this Agreement.
- To allow us to pursue available remedies or limit the damage we may sustain.
Collection of Other Information
Personally Non-Identifiable Information: We may collect personally non-identifiable information, including but not limited to demographic data, age, education level, profession, geographic location or gender, from you at the time of registration on our Website or Application, or when you choose to use our Product and/or Services. This information is not, by itself, sufficient to identify or contact you. The Company may store such information, or it may be included in databases owned and maintained by partners, affiliates, agents, or service providers of the Company. The Company may use such information and pool it with other information to track data related to growing the business, such as the total number of visitors to our Website and/or Application, and the domain names of our visitors' Internet service providers.
Location-Based Information: Our Product and Services may use location-based services in order to locate you, so we may verify your location, deliver you relevant content based on your location, as well as share your location with our vendors as part of the location-based services we offer. We may, from time to time provide settings in the Website, Application and/or Services that permit you to disable location-based services. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules. Users should carefully consider the use of such settings to improve information display options and to ensure the settings are properly set and functioning in the manner desired. Notwithstanding the availability of privacy preference settings, you should be aware that these settings are for convenience only, do not employ complex data security protection and may not be error free. However, please note that we will only directly provide third parties we work with access to your exact location information if you first give us permission to do so. You should consider the risks involved in disclosing your location information to other people.
Passively Collected Information: Your visit to our Application, Website, and/or use of our Product or Services, may allow us to obtain certain additional, personally non-identifiable information that is collected passively using various technologies. This information includes but is not limited to, for example, IP addresses, browser types, date and time of page views, location information associated with your IP address, domain names, your interactions to an ad delivered by us or our ad technology partners and other anonymous statistical data involving your use of the Application, Website, Product and/or our Services. This information cannot presently be used to specifically identify you.
Aggregated Personal Data: The Company owns and may analyze your Personal Information provided through the Website, Application, Product or in connection with rendering the Services, in aggregate form. This aggregate information does not identify you personally. We may share this aggregate data with our partners, affiliates, agents, or service providers for business purposes. We may also disclose aggregated statistics to explain our Services and Product to current and prospective business partners, and to other third parties for other lawful, business-related purposes.
Customer Credit Card Information: The Company uses a third party to keep a protected copy of your credit card number. This billing data belongs to you, and by utilizing the Service, you grant the Company a license to use this data to bill you for services rendered.
We may, either directly or through third party companies and individuals we engage to provide services to us, also:
- Track your use of our Application, Website, Product and Services for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, etc.
- Track your use of the Application, Website, Product and Services to enable you to use the Services and pay for your activities on or through the Application, Website or Services.
- Track your behavior on our own Application and/or Website, and use of the Services and/or Product, to market and advertise our services to you on our Website platform and third party websites. You may opt out of receiving advertisements by visiting the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Services and Product, generally. The advertising will simply not be targeted or specific to your interests.
Tracking Technologies on our Website
The Company may use the foregoing technologies to track your activity:
Cookies. When you visit our Website or otherwise interact with the Service, we may send one or more “cookies” to your computer or other devices. Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience. Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third party websites. Some features on this site will not function if you do not allow cookies. We may link the information we store in cookies to any Personal Information that you submit while visiting our Website.
We may use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interest of our users to enhance the experience on our site.
Functional cookies, persistent and session type, store information to enable core site functionality, such as Live Chat and Client ID remembrance.
Analytics cookies allow us to count page visits and traffic sources, so we can measure and improve the performance of our site and our marketing campaigns.
Advertising cookies may be set through our Website by our advertising partners. Data may be collected by these companies that enable them to serve up advertisements on other sites that are relevant to your interests.
If you reject cookies, you may still use our site, but some features on the site will not function properly.
Web Beacons. Web beacons are electronic files that signal when a webpage, advertisement, video, other content, an email or newsletter has been viewed. They are usually invisible to you. We may use web beacons alone or in conjunction with cookies to compile information about our Service. Web beacons may be used within the Service to track email open rates, web page visits or form submissions. In some cases, we tie the information gathered by web beacons to your Personal Information to gauge the effectiveness of certain communications and our marketing campaigns.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service and is deactivated or deleted thereafter.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plugins, system fonts and other data, for purposes of identification.
ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.
The Children’s Online Privacy Protection Act of 1998 (“COPPA”) and its accompanying FTC regulation protects the privacy of American children aged 13 and under, who are using the Internet.
The Application, Website, Services and Product are not intended for anyone under 16, and we do not knowingly collect information from anyone under the age of 16. Anyone aged 16 or under should not submit any Personal Information without the permission of their parents or guardians. Parents or guardians may, on behalf of their children, submit their children’s Personal Information. By using the Application, Website, Product, and/or Services, you are representing that you are at least 16 years old and that you have the relevant legal authority to submit your Personal Information or that of a third-party minor, to the Company or on the Company’s Application and/or Website.
Links to Other Websites or Applications
We are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Application or Services.
We maintain reasonable and appropriate, although not infallible, security precautions. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your Personal Information, despite our reasonable efforts. You should note that in using the Application, Website, Product, and/or Services, your information will travel through third-party infrastructures which are not under our control. Please feel free to raise any questions, concerns or specific directions you may have regarding the privacy and security of your information to firstname.lastname@example.org.
You are solely responsible for resolving disputes regarding ownership or access to your data, including those involving any current or former owners, co-owners, employees or contractors of your business. You acknowledge and agree that the Company has no obligation to resolve or intervene in such disputes.
We will retain your Personal Information for a minimum period of four (4) years, or as long as needed to provide the applicable Services. Our data retention period may change in the future if a longer retention period is required or permitted by law.
Do Not Track
On this Website, the Company has integrated or plans to integrate Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.
The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.
If a data subject reaches our Website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g., the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.
The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.
The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, Personal Information, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These Personal Information are stored by Google in the United States of America. Google may pass these Personal Information collected through the technical procedure to third parties.
The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.
The data subject has a possibility of objecting to the interest-based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
We and our third-party tracking-utility partners use log files on our Service to automatically gather certain information, including but not limited to internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, for analytics purposes. Specifically, we analyze trends, administer the site, track users’ movements around the Website, and gather demographic information about our user base as a in the aggregate. We and our third-party tracking-utility partners use log files on our Service to automatically gather certain information, including but not limited to internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, for analytics purposes. Specifically, we analyze trends, administer the site, track users’ movements around the Website, and gather demographic information about our user base as a in the aggregate.
On this Website, the Company has integrated or plans to integrate the component of Google Analytics. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our Website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of Personal Information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store Personal Information, such as the access time, the location from which the access was made, and the frequency of visits of our Website by the data subject. With each visit to our Internet site, such Personal Information, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These Personal Information are stored by Google in the United States of America. Google may pass these Personal Information collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our Website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
Open ID Providers/Facebook Connect
You may log into your account on our Application and/or access our Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our registration form. Services like Facebook Connect give you the option to post information about your activities on this Application to your profile page to share with others within your network if you so choose.
Public Forum on our Website
Our Website plans to offer publicly accessible message boards, blogs, and community forums to which you may contribute. You may submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, "User Content"), such as on profiles, blogs and message boards. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed), and may or may not attribute it to you.
To request removal of your Personal Information from our blog or community forum, contact us at email@example.com. In some cases, we may not be able to remove your Personal Information, especially if it was already re-posted by another user. If this is the case, we will let you know if we are unable to do so and why in response to your request.
Health Insurance Portability and Accountability Act (“HIPAA”) imposes rules to protect certain personal health information. You should not share any protected health information, or any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. The Product, Services and this Website are not intended to be used to communicate protected health information, nor comply with HIPAA. If you do share any protected health information, you do so at your own risk.
If you choose to use our referral service to tell a friend about our Website, Product, Application and/or Services by email, we will ask for your friend’s email address, and send your friend a one-time email inviting them to visit our Website and inform them of our Product, Application, and/or Services. We will only store your friend’s email address for the sole purpose of sending this one-time message and tracking the success of the referral program. Your friend may contact us at firstname.lastname@example.org to request that we remove this information from our database at any time.
Testimonials, Ratings and Reviews
If you submit testimonials, ratings, or reviews of the Services directly on our Website, any Personal Information you include will be displayed on the Website. We may also partner with third-party service providers to collect and display ratings and review content on our Website. If you provide our third-party service providers with your Personal Information in the process of submitting your rating and review, the content and Personal Information collected by a third party will be posted on our Website, absent your express instruction not to do so. If you want your testimonial, rating, or review removed from our Website at any time, please contact us at email@example.com.
Incorporation into End User License Agreement
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES, APPLICATION, PRODUCT AND/OR THIS WEBSITE.
THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES, APPLICATION, PRODUCT AND/OR THIS WEBSITE WILL BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, OR THAT THE SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES, APPLICATION, PRODUCT AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SOLELY FOR YOUR USE IN ACCORDANCE WITH THIS AGREEMENT.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “THE COMPANY PARTIES”).
If, at any time after registering, you change your mind about receiving information from us or about the use of information volunteered by you, or if you prefer that we do not share your Personal Information with third parties for marketing purposes, please contact us at firstname.lastname@example.org.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY THE COMPANY. THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES PAID PRECEDING THE DATE OF THE INCIDENT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) APPLY WITH RESPECT TO BOTH THE COMPANY AND THE COMPANY PARTIES.
IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIRD PARTY OFFERINGS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF THE COMPANY, ITS LICENSORS OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES, PRODUCT, WEBSITE, AND/OR APPLICATION. YOU HEREBY RELEASE AND FOREVER DISCHARGE THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF SERVICES OR OTHERWISE.
THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
If you have any questions or concerns relating to our use of your Personal Information, please email email@example.com. Additionally, you may reach us by postal mail at:
1023 Walnut Street, Galvanize, Boulder, CO 80302, United States
Updated as of January 23, 2019.
 Third Party Personal Information. We may obtain your Personal Information from third parties, such as third parties with whom we affiliate in providing the Company’s services. If you provide the Company with Personal Information about third parties, you warrant to the Company that any Personal Information that you provide to the Company about any third party individuals was obtained by you with full consent, that you have the legal authority to provide us with such information, and that the individual has not communicated to you that they wish to opt out of receiving communication from the Company or having the Company collect information about him or her.
 Personal Information. “Personal Information” may include, but is not limited to, information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, etc. Personal Information does not include Aggregate Data or other non-personally identifiable information. Aggregate Data is information that the Company collects about its users, products, or services that is not personally identifiable or from which individual identities are removed. The Company does not collect any Personal Information from visitors to its website that is not voluntarily provided. The Company only collects your Personal Information if you register for an account (“Account”) with the Company’s Application, when you use the Company’s Services, and when you send the Company communications in connection with your use of the Services.
 You may email us with requests at firstname.lastname@example.org.
 A Personal Information breach, as defined in the GDPR, is a “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information.”
 Authorized service providers are companies that perform certain services including, but not limited to, fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analyses, supporting the functionality of the Services, and supporting contests, sweepstakes, surveys and other features we offer, on our behalf. These service providers may have access to your Personal Information, but to the extent necessary to perform or fulfill their business purpose. We do not permit them to share or use any of your Personal Information for any other purpose.
 Affiliate businesses are those businesses with whom we may affiliate to sell our products or Services. We may share information we collect, including Personal Information, with affiliated businesses. Sharing such information with our affiliates enables us to provide you with information about a variety of products and Services that might interest you. We instruct all affiliated businesses to comply with applicable privacy and security laws and, at a minimum, in any commercial e-mail they send to you, to give you the opportunity to choose not to receive such email messages in the future.
 Business partners are typically merchants offering the products, services, promotions, contests and/or sweepstakes in connection with or somehow related to our own products and Services. We will not share your Personal Information with business partners unless you choose to participate in their offer or program. When you choose to engage in a particular offer or program, you authorize us to share your email address and other Personal Information with the relevant business partner.