Amplifier Community Website
Last Updated: August 11th, 2023
Please read these Terms carefully, and feel free to contact us at [email protected], if you have any questions.
Scope of this Agreement. This Agreement applies to any artwork, images, graphics, digital assets, or digital images created or taken by Artist and submitted to the Organization’s Website (collectively known as the “Submission(s)”). This Agreement governs the relationship between the parties and no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing by both parties.
You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security.
Artist agrees to the following terms for Artist’s Submission:
License: Subject to the Terms of this Agreement, Artist hereby grants to Organization, its affiliates, subsidiaries, successors, licensees, assigns, and partners a non-exclusive, irrevocable, non-transferable, royalty-free, except as explicitly set out herein, a worldwide right and license to use, transmit, promote, publicly display, reproduce, distribute, and otherwise use the Artist’s Submission for all noncommercial purposes or in connection with the Organization’s website.
Open Call Winner: Upon the selection of the winning Submission (the “Winner”), the Winner will be contacted by the Organization staff by email at the conclusion of the competition. Accordingly, arrangements will be made for the delivery of the prize and the Amplifier Standard Creative Licensing Agreement. The Standard Creative Licensing Agreement will require Winners to grant the Organization a nonexclusive, royalty-free, transferable, irrevocable, perpetual, worldwide license to make, have made, modify, manufacture, reproduce, sublicense, use, sell, create derivative works of, perform, and/or distribute the Submission, in any manner and for all purposes whatsoever, in whole or in part so long as it is consistent with the Organization’s charitable tax-exempt purposes.
Artist Rights: Unless explicitly stated otherwise, all Submissions and rights relating to them, including copyright and ownership rights in the media in which the Submissions are stored, remain the sole and exclusive property of the Artist. No other use of the Submission is granted without the Artist’s express written consent.
Waiver of Moral Rights. Artist irrevocably waives, to the extent permitted by applicable law, all rights of paternity, integrity, attribution, disclosure, withdrawal, and any other rights that may be known as “moral rights” (the “Moral Rights”) with respect to the use of the Submissions pursuant to this Agreement. To the extent this waiver is not permitted by applicable law, Artist hereby agrees not to enforce such Moral Rights against Organization and its permitted successors, licensees, and assigns.
Relationship of the Parties: The parties agree that neither Artist nor Artist’s employees or contract personnel are, or shall be deemed to be, employees or independent contractors of Organization. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Submission shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Organization are contractual in nature and are expressly defined by this Agreement.
Representations and Warranties: Artist represents and warrants to the Organization that:
Artist is the exclusive, sole owner and author of the Submission and has the right to grant the license.
The Submission is Artist’s original creation and does not include any material created by any third parties; that neither the Submission, nor the Organization’s use thereof, will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, or the violation of any contract to which Artist is a party.
Artist has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Artist has all the necessary rights, consents, and authorizations required to license the Submission according to these Terms.
The content of the Submission is not abusive, obscene, pornographic, threatening, harassing, defamatory, unlawful, hateful, racially or ethnically offensive or otherwise objectionable in relation to the subject matter covered by the Submission or the purpose for which it is being submitted. The Organization may immediately reject the Submission if, in the Organization’s sole discretion, the Organization believes the Submission to be in violation of this representation.
The Artist does not violate the legal rights of others or contain any materials that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
That Artist is over the age of 13.
Please note that content on our Website covers a wide range of art and subject matter and may include visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any content that you think is or may be inappropriate for them.
The Artist is not impersonating any person or misrepresenting their identity or affiliation with any person or organization.
Additional Rights We Retain: If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user). We reserve the right to withdraw and amend this Website, and any service or materials we provide on the Website, in our sole discretion with or without notice. We will not be liable if the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulations (including without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any materials that does not comply with and these Terms.
To impersonate or attempt to impersonate a person, user, entity, or company.
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Organization or users of the Website, or expose either to liability.
To use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other users use of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Indemnification: Artist acknowledges that the Organization is not responsible for, and has no liability for, any use of all or any part of the Submission. Artist agrees to defend, indemnify, and hold harmless and release the Organization, along with its respective officers, directors, employees, agents, assigns, licensees and successors, from and against any and all claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, fees, or causes of action (collectively “Claims”) arising out of or relating to your violation of these Terms including but not limited to Website, content, Submission, including without limitation, any claims of defamation, invasion of privacy, rights of publicity or copyright infringement, or any other right Artist may have.
Monitoring and Termination: Organization has the right to:
Remove, refuse to accept, post, or transmit Submission for any reason in our sole discretion.
Remove Submission from its Website for any reason.
Take any action with respect to Submission that we deem necessary, in our sole discretion, including if we believe that such Submission violates these Terms or infringes upon any intellectual property right or other right of any person or entity, threatens the personal safety of user of the Website or the public, or could create liability for the Organization.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their rights to privacy.
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE ORGANIZATION AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE ORGANIZATION OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Artist has the right to terminate relationship with Organization and withdraw the Submission at any time by contacting [email protected]. Organization will withdraw Submission within 14 business days of receiving notice of Artist’s desire to withdraw Submission from the Website.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ORGANIZATION NOR ANY PERSON ASSOCIATED WITH THE ORGANIZATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE ORGANIZATION NOR ANYONE ASSOCIATED WITH THE ORGANIZATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE ORGANIZATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.
Digital Millennium Copyright Act (DMCA)
We respect the intellectual property rights of others. If you believe your copyright in a work has been violated through the Website, Submissions, content, or our services, please provide notice of such claims of copyright infringement to:
Attn: Isabella Sisneros
1340 E. 6th St.
You must provide the following information, which we may then forward to the alleged infringer:
Describe the copyrighted work or works that you believe has been infringed;
Identify the material on the Website that you believe infringes your work, with enough detail so that we may locate it;
Provide your contact information, including: full name, address, telephone number, and email address;
Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Declare under penalty of perjury that (a) the information you have provided is accurate and (b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
Provide your physical or electronic signature.
If you fail to comply with all of the requirements of Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Upon receiving your complaint, we will investigate the claim and may remove content that you believe infringes your copyright, if the claim is deemed to be valid. In addition, we may, at our sole discretion, terminate access by that user who appears to be infringing your intellectual property rights.
Conversely, if you believe that your content was improperly removed, please let us know through the contact information above.
Governing Law and Jurisdiction All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Effective: May 13, 2019
Last updated: August 11, 2023
Amplifier (“Organization” “we” “our” or “us”) respect your (“you” or “your”), privacy and are committed to protecting it through our compliance with this policy.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any personal information to or on the Website. We do not knowingly collect personal information for children under 13. If you are 13, do not use or provide any information on the Website.
If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you have any questions or concerns, please contact: [email protected]
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see your California Privacy Rights for more information.
Collection of Personal Information
Amplifier collects the following types of personal information from you:
Personal information (information that could reasonably be used to contact you or to identify you personally) such as your name and e-mail address
Unique identifiers such as username and password chosen by you
Demographic information such as date of birth (you must at least 13 years old) and zip code.
Directly from you when you provide it to us through filling out our forms, for example: when you register to use our Website, submit your work, post materials, or request further services or information.
Your responses to forms and surveys.
Records and copies of your correspondence (including e-mail addresses), if you contact us.
User content such as such as content of communications, suggestions, questions, artwork, comments, feedback, and other information you send to us, that you provide to us when you contact us, or that you post on our Website (including information in alerts, folders, notes and folders), and similar data.
Information Collected from Automatic Data Collection Technology
As is true of most Websites, this Website automatically gathers information about your computer. We along with, third-party advertisers and/or service providers, use a variety of technologies that automatically or passively collect information about how the Website is accessed and used (“Usage Information”).
Usage Information may include:
Browser type, operating system, the page served, the time, browsing preferences, or language preferences
Your Internet Protocol (IP) address, geographical areas derived from your IP address
Details of your visits to our Website including time stamp logs regarding the duration of visits and access times, online behavior tracking i.e., your online activities over a period of times
Usage data to determine relevant advertisements
The preceding page views
If you are signed in to google, we may also collect information stored with your google account.
Our Use of Your Information
Organization uses this information to:
Administer your account and provide you with services
Collect and display your Submission (any artwork, images, graphics, digital assets, or digital images created or taken by you and submitted to Amplifier)
Communicate with you
Present the Website and its contents to you
Store information about your preferences
Recognize you when you return to our website
To allow you to participate in interactive features on our Website
Send you newsletters
Respond to your questions and concerns
Improve our Website and marketing efforts
Conduct research and analysis
In any other way we may describe when you provide the information
To create conduct research on our user demographics, interests, and behavior based on the information collected.
To provide you with notices about your account, including expiration and renewal notices
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
For any other purpose with your consent.
Disclosure of your Information
We may use and disclose your Personal Information as follows:
To present our Website to you.
To share or feature your artwork or Submissions on our Website and other materials.
To promote the use of our services. For example, if you leave your personal information when you visit our Website and don’t sign up for any of the services, we may send you an email asking if you want to sign up. And if you use any of our services and we think you might benefit from using another service, we may send you an email about it. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email we send.
To send you informational and promotional content that you may choose (or ‘opt in’) to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
To communicate with you about your account and provide customer support.
To protect the rights and safety of our users and third parties, as well as our own.
To meet legal requirements such as complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
To provide information to representatives and advisors, such as attorneys and accountants, to help us comply with legal, accounting, or security requirements.
To prosecute and defend a court, arbitration, or similar legal proceeding.
To provide, support, and improve the services we offer. This includes aggregating information from your use of the services and sharing such aggregated information with third parties.
We may also share your information if we, in good faith, believe disclosure is appropriate or required to comply with existing law, a court order, or a subpoena. We may also share your personal information with law enforcement or another third party to prevent or investigate a possible crime; to protect the security of this Website; to enforce our policies and agreements; or to protect our own rights or property or the rights, property or safety of others.
We may retain your personal information as needed to maintain this Website and provide you with any services; to comply with any legal obligations, meet any regulatory requirements, resolve any disputes or litigation, or as otherwise needed to enforce this Policy; and to prevent fraud and abuse. If requested by law enforcement, we may also retain your personal information for a period of time.
SMS communications. In addition to any entry, submission or other fee of which you are notified, your carrier’s standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence and/or transmissions. All charges are billed by and payable to your mobile service provider. Carriers are not liable for delayed or undelivered messages.
We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
By using this service you may have access to various content including environmental news and ways to take action. You should assume that everything to which you have access through this service is subject to copyright and trademark protection, unless noted otherwise. By subscribing or otherwise using the service, you acknowledge and agree that all right, title and interest, including the trademark and copyright rights, in and to such works are our property, and that you will not gain any ownership or other right, title or interest therein or thereto. You may not copy, download or make any other unauthorized uses of such items.
By subscribing you consent to receive recurring text messages from us approximately 2-4 times per month. Text STOP to unsubscribe from these messages, or text HELP for more information.
By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.
All content is appropriate for ages 13 and older (T13+)
YOUR CHOICE AND ACCESS
Data Retention. We may retain your personal data for a period of time consistent with the original purpose of collection. We determine the appropriate retention period for personal data on the basis of the amount, nature, and sensitivity of your personal data, the potential risk of harm from unauthorized use or disclosure, and whether We can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as applicable statutes of limitation).
We retain your personal data while your account is in existence or as needed to provide you services. This includes data you or others provided to us and data generated or inferred from your use of our Website and services. Even if you only use our Website intermittently, we will retain your information and keep your account open until you decide to close your account.
Right to Access and Control Your Personal Data
For personal data that we have about you:
Delete Data: You can ask us to erase or delete all or some of your personal data (e.g. if it is no longer necessary to provide services to you). If you request that any of your personal data be deleted, we reserve the right to terminate and/or limit your access to the service to the extent services cannot be reasonably provided without that information.
Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or fix your data, particularly if it is inaccurate at the email address below.
Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).
Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form.
Limitations on Use: Choice/Opt-In. Your data will never be used for a purpose that is incompatible with the original purpose for which it was collected UNLESS you specifically Opt-In to such use through a clear and distinctive affirmation process fully explained to you by us through an electronic process (i.e. dialog box, prompt, or the like).
Limitations on Use: Choice/Opt-Out. Your data may be used for a new purpose different from, but related to, the original purpose (i.e. materially different). Such use will only occur if you do not object. We will always notify you of such use and provide an Opt-Out option for such use.
Cookies and Other Tracking Technologies
Device Identifiers. Organization may also automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Website. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Website, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify, and gather broad demographic or firmographic information for aggregate use.
Cookies; Pixel Tags. The technologies used on the Website to collect Usage Information, including Device Identifiers, may include but are not limited to: cookies (data files placed on a Device hard drive when it is used to visit the Website), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites and, if you so choose, enable interaction between your activities on the Website and your activities on such social networking sites. We, or our vendors, may place cookies or similar files on your Device for security purposes, to facilitate Website navigation and to personalize your experience while visiting our Website (such as allowing us to select which content, ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic or firmographic information). A pixel tag may tell your browser to get content from another server.
Flash Cookies. Flash cookies (also known as “Local Shared Objects” or “LSOs”) are different from browser cookies because of the amount and type of data that is stored, as well as the way in which data is stored. Flash cookies are commonly used for advertisements and videos.
Information through other Services: You may give us permission to collect your information through other services. For example, you may connect a social networking service (“SNS”) such as Facebook or Twitter to your company account. When you do this, it allows us to obtain information from those accounts (for example, your friends or contacts).
To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser. If you do disable or opt out of receiving cookies, please be aware that some features and services on our Website may not work properly because we may not be able to recognize and associate you with your account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so note that our systems are not configured to recognize Do Not Track headers or signals from some or all browsers.
You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies using different types of browser. For browser-specific information on how to adjust cookie configurations on the following browsers, please click on the relevant link below:
Internet Explorer [https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies]
OSX/Mac OS [https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac]
Use Of These Technologies By Authorized Third-Parties.
OUR LEGAL BASIS FOR HANDLING OF YOUR PERSONAL DATA
The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds are as follows:
To honor our contractual commitments to you: Much of our processing of personal data is to meet our contractual obligations to our users, or to take steps at users’ request in anticipation of entering into a contract with them. For example, we handle personal data on this basis to create your account and provide our services.
Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals: This includes:
Providing a safe and enjoyable user experience;
Marketing, e.g. sending emails or other communications to let you know about new features;
Protecting our users, personnel, and property;
Analyzing and improving our business, e.g. collecting information about how you use our Services to optimize the design and placement of certain features;
Processing job applications; and
Managing legal issues.
Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.
Consent: Where required by law, and in some other cases, we handle personal data based on your implied or express consent.
Links to Other Websites
Our Website includes links to other websites whose privacy practices may differ from ours. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.
Reviewing Your Information
You can view and change your personal information by logging into the Website and visiting your profile page.
You may contact us for assistance in order to review, update, or correct any personal information provided. We will respond to you within a reasonable time and provide assistance to the extent possible or as required by law.
Safeguarding Your Information
We maintain reasonable administrative, physical and technical measures to protect the confidentiality and security of your personal information. Unfortunately, no website is completely secure. Therefore, we cannot guarantee that your personal information will not be disclosed, misused or lost by accident or by the unauthorized acts of others and we expressly disclaim all liability arising therefrom. You should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any information via the internet.
Consent to Processing
The Website is hosted and operated in the United States in accordance with the laws of the United States. We make no representation that the Website is governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Website, or providing us with any information, you (a) acknowledge that the Website is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
EU Data Protection Rights.
We collect and process personal information about you with your consent and/or as necessary to provide the products or services you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfil other legitimate interests.
If the processing of personal data about you is subject to European Union data protection law, you have certain rights with respect to that data:
You may request access to, and rectification or erasure of personal data;
If automated processing of your personal data is based on a contract with you or your consent, you have certain rights to data portability;
If the processing of personal data is based on your consent, you have a right to withdraw consent at any time (without affecting the lawfulness of processing that occurred before its withdrawal); and
You have a right to object to, or obtain a restriction of, the processing of personal data under certain circumstances.
You may always exercise your right to control, access, edit or delete your personal information. When we are processing data on behalf of another party that is the “data controller,” you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit California Privacy Laws.
California residents who have an established business relationship with us may request and obtain information, free of charge and on an annual basis, about personal information that we shared with other businesses for their own direct marketing use . If applicable, this information would include a list of the categories of personal information shared with third parties and the names and addresses of all third parties with which we shared this information in the immediately preceding calendar year. To obtain this information, please contact us at the number or address below and let us know you have a “California Shine the Light Privacy Request.” We will then respond to you with the requested information.
Right to Access, Rectification, and Erasure
You have the right to request copies of your personal data by contacting us at the email or address below. You have the right to request that we correct any information you believe is inaccurate about your data. You also have the right to request that we complete any information you believe is incomplete. You have the right to request that we erase your personal data, under certain conditions.
Notification of Privacy Statement Changes
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we may notify you by email (sent to the email address specified in your account) or by means of a notice on this Website or your account prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.