Last Updated: October 2, 2019
If You are using Our Service on behalf of an individual or authorized legal entity other than Yourself, You represent that You are authorized by such individual or entity to act on such individual or entity’s behalf, and that such individual or entity acknowledges this Policy.
We may modify the terms of this Policy at any time in Our sole discretion, unless agreed upon otherwise in writing, by posting amended terms of this Policy to the Site or by sending You an e-mail to the current email You have provided to Us. We will notify You of any material changes, amendments or modifications to this Policy through e-mail notifications, and for such material changes notice will be given not less than 30 days prior to effect. Your acceptance and continued use of the Site and/or Service thereafter shall constitute acceptance of all revised, modified and/or amended Policy. In the event You choose not to agree and accept the new, modified or amended terms of this Policy, You shall cease use of the Service and Site at any time and, if the material changes reduce the commercial utility of the Services You may cancel any unused Services and may be eligible for a refund for any prepaid Services.
The Service is not intended for Users under the age of 13. If You are under the age of 13, You shall not use the Services without legal guardian consent.
If You have any questions about this Policy, or Your rights under this Policy, please email Us at: firstname.lastname@example.org
“Account Information” shall mean user name, names, addresses, email address, business name, business address, business email, website information, log-in credentials to third party affiliates required to provide Our Services, and other information explicitly required to create an account with Us.
“Navigational Information” shall mean the information about Your computer and Your visits to this website such as Your IP address, geographical location, browser type, referral source, length of visit and pages viewed.
“Payment Information” shall mean any credit card, financial, checking, digital online account information, and associated information required to process charges, fees, refunds, and/or transactions.
“Personal Information” shall refer to Your full name, business name, business address, email address, phone number, or similar personal identifiers, such as racial or ethnic origin, or other employment or financial information.
“User Content” shall mean any content, personal information, corporate information, product information, sensitive information, Account Information, Applications, derivative works, code, images, testimonials, logos, trademarks, blog posts, product images, reviews, or other assets uploaded or inserted to Your Account or data that Users provide to be made available through the Services.
1. INFORMATION WE COLLECT
We may also collect logs, metrics, traces and any data that is generated or emitted by Your software tools or cloud infrastructure, or that which is collected by third party analytics tool, logging, monitoring, observability, or APM vendors, in order to provide Our Services (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of Our Service that You visit, the time and date of Your visit, the time spent on those pages and other statistics.
In addition to information We collect on Our Site, We may also collect Your city location, device model and version, OS version, and Your credentials.
We collect Log Data and Navigational Information to better understand how (1) Site visitors interact with the Site; (2) the pages on Our Site are functioning and (3) how to improve Our Site and Services. We will not use or share this information in a de-aggregated way for purposes outside of internal business development.
We collect this information for the purpose of providing the Service and Site, identifying and communicating with You, responding to your requests/inquiries, servicing your purchases, and improving our services.
When You Submit User Content. We will collect the information You make available to Us by submitting User Content to Us through the Site and/or Service. Should You choose to submit any User Content to the Site, such as a blog post, or Feedback, You hereby agree that We have the right to collect, process and use the User Content pursuant to the terms of this Policy. We will not share or sell Your User Content without Your written permission, unless agreement upon otherwise by both parties in writing. Please review Our Terms of Service to learn about Your rights and Our License to use Your User Content.
2. INFORMATION ABOUT CHILDREN. Our Services and Site are not intended for or targeted at children under the age of eighteen (13), and We do not knowingly or intentionally collect information about children under the age of 13. If You believe that We have collected information about an individual under the age of 13, please contact Us at email@example.com, so that We may delete the information.
3. HOW WE COLLECT INFORMATION. We collect Account Information, Payment Information, Navigational Information, User Content and Personal Information that You voluntarily provide to Us, and/or information that is collected through Your access to and/or use of the Site. We may also collect information that You provide to Us through email or other electronic communications. We may be required to collect information from APIs to third party monitoring and observability vendors. However, this information is only used in order to provide Our Services to You. We are not responsible or liable for the data practices of the third party vendors and/or affiliates that We use to communicate with You. We will do Our best to protect Your communication, Data, Account Information, Personal Information, Payment Information, and User Content, but We cannot guarantee that such information won’t be intercepted or collected by the third party companies used for Our communication.
4. HOW WE USE THE INFORMATION WE COLLECT.
b. Use of Your Information. The information We gather and collect enables Us to provide the Site and Services to help You make full use of Our Services. We may use the information We collect in a variety of ways, including, but not limited to:
i. Provide Our Services;
ii. Using the information to customize features and design that appear on the Site;
iii. Providing Your Account Information to third parties, such as service providers, and contractors, that are required to operate and manage Our Services; and
iv. Researching and developing new ways to improve Our Services and Site.
c. You hereby agree that We may use Data that We collect to:
i. Provide Our Services;
ii. Access third-party analytics and site optimization tools on Your website(s) to provide Our Services;
iii. Contact You for customer service and/or support services, if applicable;
iv. Contact You to inform You of important changes or additions to Our Site or Our Services offered;
v. Send You promotions sponsored by trusted third parties;
vi. Send You administrative notices, offers and any other communications that We believe may be of interest to You;
vii. Analyze the use, design, functionality and user feedback of the Site and Our Services;
viii. Amalgamate de-identified data and information for analysis and research;
ix. Collect and segment data to optimize and improve Our Services;
x. Operate, improve and maintain Our Services, including analyzing user behavior;
xi. Process payments and refunds, if applicable;
xii. Administer promotions, offers, new feature notifications, and to provide features and display relevant content to You;
xiii. Enforce the Policy and Terms of Service, to comply with legal obligations, and otherwise manage Our business; and
xiv. Provide other companies with statistical information about Our users — but this information will not be used to identify any individual user.
d. Use of Payment Information Collected. If You give Us Payment Information, We use it solely to collect payment from You as necessary. We use third-party service providers to manage credit card processing. These third party service providers are not permitted to store, retain, and/or use the financial, banking and/or credit card information that You provide them, except for the sole purpose of credit card and payment processing on Our behalf. Aside from storing anonymized tokens produced by Stripe payment gateway, We do not store any payment or financial information. If You provide Us with Your Payment Information directly, We will process the required payment through Our secure third party payment gateway service. We will not save, copy, store or keep copies of the Payment Information You provide to Us directly.
e. User Content, Feedback and Service Results. We may post Your user testimonials, Feedback, User Content, comments, or other of Your User Content which may contain Your photo, trademark or logo associated with Your comment, testimonial or Feedback, on Our Site upon written notice to You. We also reserve the right to use and display Your company name and logo as Our client on Our Site, unless You withdraw Your consent in writing. You have the right to deny or request removal of such User Content, Feedback or Service Results at any time.
5. INFORMATION WE SHARE. By accepting this Policy and Your use of Our Services, You consent to Our sharing of Account Information, Navigational Information, Personal Information, and/or User Content for the purposes described below:
b. By Law or Protected Right. We may disclose part or all Account Information, Navigational Information, Personal Information, and/or User Content collected through Our Services, if (1) required by law; (2) if We believe that disclosure is necessary to comply with the law; (3) to enforce Our intellectual property rights; (4) to protect the rights, property or safety of Us and Our employees or agents; and (5) if necessary to defend against third-party claims. We may also disclose Account Information, Navigational Information, Personal Information, and/or User Content collected on the Site when requested to comply with a court order, investigation, subpoena or governmental request. We will notify You of such use, either by a notification on the Site or by email to You.
d. With Your Consent. We may share Account Information, Navigational Information, Personal Information, and/or User Content when You provide Us with Your consent to do so. This may occur when You consent affirmatively or it may occur through Your use of Our Services as provided in this Policy. For instance, when You request information or services from Our affiliates, partners, service providers, or other third parties through Us, or when You post information to Our Site, You provide Your consent for Us to share that information with others in the regular course of business.
Please bear in mind that whenever You voluntarily make Your Account Information, Personal Information, Payment Information and/or User Content available for viewing by third parties online – for example through email or registering on a website – that information can be seen, collected and used by others besides Us. We are not responsible for any unauthorized third-party use of such Account Information, Payment Information, Personal Information and/or User Content.
6. INTERNATIONAL TRANSFER AND GLOBAL DIGITAL PRIVACY REGULATIONS (GDPR) COMPLIANCE.
a. Your information, including Personal Information, may be transferred to, and maintained on, computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. If You are located outside United States and choose to provide information to Us, please note that We transfer the information, including Personal Information, to United States and process it there.
b. Our legal basis for collecting and using information described above will depend on the Data concerned and the specific context in which We collect it. However, We will normally collect Data from You only where We have Your consent to do so, where We need the Account Information, Payment Information, Personal Information, and/or User Content to perform a contract with You, or where the processing is in Our legitimate interests is not outweighed by Your data protection interests or fundamental rights and freedoms. In some cases, We may also have a legal obligation to collect and maintain User Information from You. If We ask You to provide Personal Information to comply with a legal requirement or to perform a contract with You, We will make this clear at the relevant time and advise You whether the provision of Your Personal Information is mandatory or not (as well as of the possible consequences if You do not provide Your Personal Information). Similarly, if We collect and use Your Personal Information in reliance on Our legitimate interests (or those of any third party), We will make clear to You at the relevant time what those legitimate interests are. Processing shall be lawful only if and to the extent that at least one of the following applies:
i. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
ii. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
iii. processing is necessary for compliance with a legal obligation to which the controller is subject;
iv. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
v. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
vi. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
9. PUBLIC FORUMS. We may offer publicly accessible message boards, blogs, and community forums both on the Site and by other means. Please keep in mind that if You directly disclose any information through Our public message boards, blogs, or forums, this information may be collected and used by others. We will correct or delete any information You have posted on the Sites if You so request.
10. TO UNSUBSCRIBE FROM COMMUNICATION. You may unsubscribe from Our marketing, sales, and promotional communications by clicking on the “unsubscribe” link located on the bottom of Our e-mails, updating Your communication preferences, or by sending Us an email at firstname.lastname@example.org. However, You cannot opt out of receiving transactional emails related to Your Account with Us or Our Services, unless You cancel and delete Your Account, or any governing agreement.
12. REVIEWING, CORRECTING AND REMOVING YOUR INFORMATION. If You share Account Information and/or Personal Information with Us, You will have the opportunity and right to review, update, change or delete the Account Information and/or Personal Information You have provided to Us (and that We continue to store) at any time. If and when You ask Us to delete or modify Your Account Information and/or Personal Information, We reserve the right to retain a record of certain Account Information and/or Personal Information, and to record changes in order to comply with applicable federal, state or local law(s). If You remove Account Information and/or Personal Information that You have made public on the Sites, copies may remain viewable in cached and archived pages of the Sites.
To request removal of Your Personal Information and/or Account Information, You can send Us an email at: email@example.com, outlining the specific information You would like to have removed and the reasons for the removal request.
13. YOUR DATA PROTECTION RIGHTS. You have the following data protection rights:
a. You can request access, correction, updates or deletion of Your Personal Information and Account Information;
b. You can object to processing of Your Account Information, Payment Information and/or Personal Information, ask Us to restrict processing of Your Account Information and/or Personal Information or request portability of Your Account Information and/or Personal Information;
c. If We have collected and processed Your Account Information and/or Personal Information with Your consent, then You can withdraw Your consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Account Information and/or Personal Information conducted in reliance on lawful processing grounds other than consent; and
d. You have the right to complain to a data protection authority about Our collection and use of Your Data, Account Information, Payment Information, Navigational Information and/or Personal Information.
To exercise any of these rights, please send Us an email at firstname.lastname@example.org. We will respond to Your request to change, correct, or delete Your Account Information and/or Personal Information within a reasonable timeframe and notify You of the action We have taken, if any.
14. YOUR RESPONSIBILITIES AND CONSENT. By using any of Our Services, You expressly consent to the following:
b. Our servers are based in the United States so Your Account Information, Payment Information, Navigational Information and/or Personal Information will be primarily processed by Us in the United States. You consent to the transfer and processing of Your User Information and/or Personal Information in the United States by Us and by Our partners and affiliates;
c. You consent and agree that We may transfer Your Account Information, Payment Information, Navigational Information and/or Personal Information to data processors located in countries, including the United States, which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area. Your consent is voluntary, and You may revoke Your consent by opting out at any time, as described above. Please note that if You opt-out, We may no longer be able to provide You with Our Service;
d. You consent to Us sharing Your Account Information, Payment Information, Navigational Information and/or Personal Information with relevant persons working for service providers who assist Us to provide Our Service; and
16. BEHAVIORAL REMARKETING
17. DO NOT TRACK DISCLOSURE. We support Do Not Track (“DNT”). Do Not Track is a preference You can set in Your web browser to inform websites that You do not want to be tracked. You can enable or disable Do Not Track by visiting the “preferences” or “settings” pages of Your web browser.