Last Modified: July 12, 2022

Introduction

ConnectUp, Ops LLC (“Company”, “us” or “we”) respects your privacy and is committed to protecting it through our compliance with this privacy policy.

This privacy policy describes the types of information we may collect from you or that you may provide when you visit the Platform, when you create an account with us to use the Platform, and our practices for collecting, using, maintaining, protecting, and disclosing that information. If you are present in the European Economic Area, Switzerland or the United Kingdom when you access the Platform or interact with our services, please refer to the European Addendum to Privacy Policy  included below.

This privacy policy is part of these Terms of Use  applicable to the use of the Platform. Please review this privacy policy together with these  Terms of Use  , and  Cookie Policy  set forth below, to understand all of your rights and obligations, and how we operate the Platform.

This privacy policy applies to information we collect:   

·   On the Platform;

·   In email, text, and other electronic messages and interactions between users, and your interactions with the Platform;

·   Through mobile and desktop applications, if any, that you download from the Platform;

·   When you interact with our advertising and applications on third-party websites and services, if such advertising or applications include links to this privacy policy; and

·   Through any other means associated with or relating to the Platform.

This privacy policy does not apply to information collected by:

·   us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or

·   any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Platform.

Please read this privacy policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Platform. By accessing or using the Platform, you agree to the terms of this privacy policy.

This privacy policy may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the privacy policy periodically for updates .

Information About Children

The Platform is not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any personal information to us or on or through the Platform.

We do not knowingly collect personal information from children under the age of thirteen (13) (sixteen (16) in California). If you are under 13 (16 in California), do not use or provide any information on the Platform or on or through any of its features or register on the Platform (if such feature is available), make any purchases through the Platform (if such feature is available), use any of the interactive or public comment features of the Platform (if such feature is available) or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 (16 in California) years of age without verification of parental consent, we will delete that information.

If you believe we might have any information from or about a child under the age of 13 (16 in California), please contact us at [email protected].  

Information We Collect About You and How We Collect It

We may collect several types of information from and about users of the Platform (some of which is considered “personal information” pursuant to applicable law), including:

·   Information by which you may be personally identified, such as name, mailing address, e-mail address, date of birth, telephone number (including mobile), or any other information that the Platform collects, which applicable law may consider personally identifiable, personal information, personal data, and other such designations;

·   Information about your business, including job position, biography, financials and business plans;

·   Videos and other materials you upload to the Platform, which may include images, voice recordings, audio and visual information about you or other people;

·   Information about the device you use to access the Platform;

·   Your IP address, Identifier for Advertisers (“IDFA”), Android/Google Advertising ID, International Mobile Equipment Identity (“IMEI”), or another unique identifier;

·   Your device characteristics and functionality (including information about your operating system, hardware, mobile network, browser, browser language, etc.);

·   Referring and exit web pages and URLs;

·   Your browsing history, including the areas within the Platform that you visit and your activities there, including remembering you and your preferences;

·   Your device location or other geolocation information, including the zip code, state or country from which you accessed the Platform;

·   Certain other device data, including the time of day you visit the Platform; and

·   Information about your internet connection and internet provider.

We collect this information:

·   Directly from you when you provide it to us, such as when filling in forms on the Platform (including when you register for an account, subscribing to a service, uploading information or materials, or requesting something from us, or when you fill out surveys);

·   Automatically as you navigate through the Platform, including through the use of cookies, web beacons, and other tracking technologies (including information about your network or computing device);

·   From third parties, for example, our business partners;

·   Records and copies of your correspondence (including email addresses), if you contact us through the Platform;

·   When you engage in transactions on the Platform;

·   When you run searches on the Platform; and

·   When you contact our customer service agents, if available.

Cookie Policy

Our Platform uses cookies. This helps us to provide you with a good experience when you browse the Platform and also allows us to improve it and our services generally. 

Please see more information about what cookies are, and how they may work in the section below titled Automated Data Collection Technologies.

We use the following cookies:

·        Strictly necessary cookies
These are cookies that are required for the operation of the Platform. They include, for example, cookies that enable you to log into secure areas of our Platform, use a shopping cart or make use of e-billing services.

·        Analytical or performance cookies
These allow us to recognise and count the number of visitors and to see how visitors move around the Platform when they are using it. This helps us to improve the way our Platform works, for example, by ensuring that users are finding what they are looking for easily.

·        Functionality cookies
These are used to recognise you when you return to the Platform. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

·        Targeting cookies
These cookies record your visit to the Platform, the pages you have visited and the links you have followed. We will use this information to make the Platform and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Please note that third parties may also use cookies, over which we have no control. These third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third party cookies are likely to be analytical cookies or performance cookies or targeting cookies.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Platform.

Cookies can be in the form of session cookies or persistent cookies. While session cookies are deleted from your computer/device upon closing your browser, persistent cookies are stored on your computer/ device until they are deleted or reach their expiration date.

Browser Independent cookies, such as local and/or session storage and interaction requests store certain data on your computer/device with no expiration date. While these requests do not set any cookies, they can still transfer information to first or third parties.

Automatic Data Collection Technologies

As you navigate through and interact with the Platform and mobile applications, we may use automatic data collection technologies to collect certain information about you, your equipment, your technology providers, and your activities, including:

·   Details of your visits to the Platform, including traffic data, browsing patterns, location data, logs, and other communication data and the resources that you access and use on the Platform;

·   Information about your device and about your internet connection and service provider, including:

§  Your IP address, IDFA, Android/Google Advertising ID, IMEI, or another unique identifier;

§  Your device functionality (including information about your operating system, hardware, mobile network, browser, browser language, etc.);

§  Referring and exit web pages and URLs;

§  Your browsing history, including the areas within the Platform that you visit and your activities there, including remembering you and your preferences;

§  Your device location or other geolocation information, including the zip code, state or country from which you accessed the Platform;

§  Your device characteristics;

§  Certain other device data, including the time of day you visit the Platform; and

§ Information about your internet connection and internet provider.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically may be statistical data and may also include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This information enables us to:

·     Allow you to use and access the Platform, including preventing fraudulent activity and improving security functionality;

·     Assess the performance of the Platform, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Platform;

·     Offer you enhanced functionality when accessing the Platform, including identifying you when you sign into the Platform, and keeping track of your specified preferences;

·     Deliver content relevant to your interests on the Platform and third-party sites based on how you interact with our advertisements and/or content;

·     Estimate our audience size and usage patterns;

·     Speed up your searches; and

·     Analyze our services and products and perform market research.

When you visit or leave the Platform by clicking a hyperlink or when you view a third-party site that includes our plugins or cookies (or similar technology), we may automatically receive the URL of the site from which you came or the one to which you are directed.

We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we may use for fraud prevention and security purposes. For location information, we may use this information to provide customized services, content, and other information that may be of interest to you. If you no longer wish for us, our affiliates, or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions on how to do this. Please note that if you disable such features, your ability to access certain features, services, content, or products may be limited or disabled.

The technologies we use for this automatic data collection may include:

·     Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Note that while you can set your browser to not allow cookies, we may not be able to honor that request, and may track your activity and collect information about you and your online activities even when the browser is set to “do not track”;

·     Flash Cookies. Certain features of the Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies and you may not be able to shut down our collection of and use of information through this technology;

·     Web Beacons, Pixels and Tags. Pages of the Platform and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity);

·     Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Platform, such as information about the links you click on;

·     ETag, or entity tag. An ETag, or entity tag, is 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. It is one of several mechanisms that HTTP provides for web cache validation. These allow websites to be more efficient and not serve content again, when data is already cached and ready to view;

·     Fingerprinting. Fingerprinting refers to the collection and analysis of information from your device, such as your operating system, plug-ins, system fonts and other data, for purposes of identification;

·     Recognition Technologies. Recognition technologies refers to various technology features used by websites, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user); and

·     Log Files. These track actions occurring on the Platform, and which help us collect your IP address, browser type, Internet service provider, the webpages from which you came or to which you go before and after visiting the Platform, and the date and time of your visits.

Behavioral Advertising

We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of certain targeted advertising, and learn more about your options related to such advertising, by using the links below:

·   Facebook: https://www.facebook.com/adpreferences/advertisers/?entry_product=ad_preferences_delegation

·   Google:https://support.google.com/ads/answer/2662856/control-the-ads-you-see-android?hl=en

·   Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Do Not Track

Do Not Track (“DNT”) is a concept promoted by certain regulatory authorities and industry groups for development and implementation of a mechanism that would allow internet users to control the tracking of their online activities across websites. Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that allows a user to set a preference in the browser to not have his/her activities on the internet tracked. You can usually access your browser's DNT option in your browser's preferences. When a user’s browser is set to DNT, some cookies and other tracking technologies may become inactive, depending on how the website visited responds to DNT browser settings. If that occurs, the website visited will not recognize you upon return to that website, save your passwords or user names, and some other features of a website may become unavailable or not function properly.

The Platform will respect DNT settings from most browsers after you use the functionality available on the Platform for enabling it, but may not do so automatically. 

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Platform may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Platform. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any personal information:

·      To present the Platform and its contents to you;

·      To provide you with information, products, or services that you request from us;

·      To connect you with other users, per your request or theirs;

·      To fulfill any other purpose for which you provide it;

·      To provide you with notices about your account and/or the Platform;

·      To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, if needed;

·      To notify you about changes to the Platform or any products or services we offer or provide though it;

·      To allow you to participate in interactive features on the Platform;

·      To develop and create our products and services;

·      For behavioral tracking, profiling and advertising;

·      For any other purpose as needed for our business;

·      In any other way we may describe when you provide the information;

·      For any other purpose with your consent;

·       To contact you about our own and third-parties' goods and services that we think may be of interest to you; and

·      To enable us to display advertisements to our advertisers' target audiences.

Updating Personal Information

We prefer to keep your personal information accurate and up to date. If you would like to change your contact information, please contact us at [email protected]. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records).

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

·     To our subsidiaries and affiliates;

·     To contractors, service providers, and other third parties we use to support our business and assist us in providing services and offering our products;

·     To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about the Platform users is among the assets transferred

·     To other users, as needed to satisfy Platform functionality;

·     To third parties to market their products or services to you;

·     To fulfill the purpose for which you provide it;

·     For any other purpose disclosed by us when you provide the information; and

· With your consent.

We may also disclose your personal information:

·     To comply with any court order, law, or legal process, including responding to any government or regulatory request;

·     To enforce or apply the Terms of Use, including this privacy policy, and any other agreements between us, including for billing and collection purposes; and

·     If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and to change your password from time to time. We also highly recommend that you use a password that is dissimilar to and cannot be easily found by unauthorized third parties who may have obtained your login credentials to other sites. Keep in mind that if you use the same password for all websites, if someone obtains your credentials for one site, they may be able to then use those credentials to log into any other site you use.

Unfortunately, the transmission of information via the internet is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted through or collected through the use of the Platform. Any transmission of personal information is at your own risk.

We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account, if applicable. We may also post a notice on the Platform home page. The date this privacy policy was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Platform and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Address: ConnectUp Ops LLC

1000 Brickell Ave, Ste 715

PMB 5049, Miami, FL 33131     

E-mail: [email protected]

YOUR CALIFORNIA PRIVACY RIGHTS

This section of the privacy policy applies solely to California residents.

We adopt this Section of the privacy policy in order to comply with the California Consumer Privacy Act of 2018 (“CCPA”).  Certain terms used in this Section of the privacy policy are defined in, and shall have the meanings ascribed to them in the CCPA. 

Note that the term “Personal Information”, as used in this California Specific Section of the privacy policy uses the term as it is defined in the CCPA, and not as defined in the main body of this policy. 

California Residents

California Civil Code Section § 1798.83, known as the “Shine The Light” law, permits users of our Site who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding year, and the names and addresses of those third parties.  You may request this information from us no more than once a year, but such request will be handled by us free of charge to you.  To make such a request, please send an email to [email protected].

Do Not Track

Please see DNT disclosure set forth in main body of this privacy policy.

Data Collection

We have collected the following categories of Personal Information within the last twelve (12) months: 

We do not knowingly collect any Personal Information of persons under the age of eighteen (18).

California Consumer Rights Pursuant to the CCPA

California consumers have specific rights regarding how your Personal Information is collected and used.

·  You have the right to request that we disclose to you or your authorized agent acting on your behalf the following information covering the past twelve (12) months:

·  Specific pieces of Personal Information that we have collected;

· Categories of Personal Information collected;

·  Categories of sources from which Personal Information is collected;

·  Categories of Personal Information sold or disclosed for a business purpose.

·  Categories of third parties to whom we sold or disclosed the Personal Information for a business purpose;

·  Our business purpose for collecting (or selling) Personal Information;

·  You have the right to request deletion of your Personal Information (with exceptions noted by law – more on this below);

·  You have the right to request that your Personal Information not be sold to third parties; and

·  You have the right not to be discriminated against because you exercised these rights.

Data Deletion

As permitted by the CCPA, in the event you request deletion of Personal Information that we have collected about you, we may be unable to comply with such a request if your Personal Information is necessary to:

·  Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you;

·  Detect security incidents, protect against      malicious deceptive, fraudulent, or illegal     activity or prosecute those responsible for

·    Debug to identify and repair errors that         impair existing intended functionality;

·    Exercise free speech, ensure the right of another Consumer to exercise his or her right of free speech, or exercise another right provided for by law;

·    Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with section 1546) of Title 12 of Part 2 of the Penal Code;

·    ;Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of that information is likely to render impossible or seriously impair the achievement to such research, if you have provided informed consent;

·    Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

·  Comply with a legal obligation; or

·;  Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Specifically, we will not do any of the following unless permitted by the CCPA:

·        Deny you goods or services;

·        Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;

·        Provide you a different level or quality of goods or services; or

·      Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

As a California consumer, you have the right to opt out  of the sale of your Personal Information to third parties.

In the twelve (12) months prior to the posting of this policy, we have sold to third parties the categories of Personal Information about California residents set forth below:

Data Sharing

In the twelve (12) months prior to the posting of this policy, we have disclosed for a business or commercial purpose the categories of Personal Information about California residents set forth below:

How to Exercise Your CCPA Rights

You can exercise all of your rights granted to you pursuant to the CCPA by Ops LLC 1000 Brickell Ave, Ste 715 PMB 5049, Miami, FL 33131  or contacting us at [email protected].

California law requires us to verify your identity before processing your request. In order to make a request pursuant to the CCPA, you must provide us with your first and last name and email address used to register with the Platform. If you are requesting specific pieces of Personal Information that we have collected about you, you will also be required to email us at [email protected] a signed declaration under penalty of perjury that you are a California resident and that you are the consumer whose Personal Information is the subject of the request. Note that we will not process your request to disclose specific pieces of information we have about you until we receive this signed declaration, and your request will not be considered timely submitted until we have this document in our possession. 

We will review the information you have provided against the information in our databases, and attempt to verify your identity.  However, please note that under certain circumstances, we may require you to provide additional information in order to allow us to confirm your identity and your residency before we can process your requests.  Also note that you are only entitled to make a Personal Information request up to twice in a 12-month period.

If (or when) you submit your CCPA request by email, please include “California Privacy Rights” as the subject line. If you make a request to exercise your rights under the CCPA by telephone, we may ask you to provide the request in writing so that we may verify your identity.

We will acknowledge your request within 10 days and respond to your request within 45 days or let you know if we need additional time or information to verify your identity (and if so, why).

Using an Authorized Agent

A California resident may use an authorized agent to submit a right to know request, a request to delete, or a request to opt-out of the sale of Personal Information using the Company’s contact information above . To use an authorized agent for these purposes, both the resident and the agent will be required to verify their identities with us. For this purpose, the agent will be required to submit a request with their first and last name and email address, and the following information about the consumer on whose behalf they are making the request: first and last name and email address used to register with the Platform.  In addition, the agent will be required to provide via email written authorization from the consumer to act on their behalf in making these requests. If we cannot authenticate the identity of the agent making the request, we may also require that the consumer confirm directly with us that they have in fact authorized their agent to act on their behalf. We may deny a request from an agent who cannot meet these requirements.  If the agent has provided a power of attorney pursuant to Cal. Prob. Code Sections 4121 to 4130, then the verification that the consumer has authorized the agent to act on their behalf will not be necessary. 

European Addendum to Privacy Policy

This Addendum to our privacy policy applies to you only if accessing the Platform from within the confines of the European Union.    THIS ADDENDUM TO THE PRIVACY POLICY DOES NOT APPLY TO ANY PERSON LOCATED WITHIN THE UNITED STATES OF AMERICA OR ANY OF ITS TERRITORIES, OR ANY COUNTRY OUTSIDE THE EUROPEAN ECONOMIC AREA, SWITZERLAND OR THE UNITED KINGDOM.

Additional Information requirements pursuant to Art. 13 GDPR (EU General Data Protection Regulation, or “GDPR”).

This privacy policy addendum applies solely to our processing of the personal data of data subjects who are in the European Economic Area, Switzerland or the United Kingdom, where they use, browse or interact with, the Platform. The term “personal data” as used in this European Addendum, shall have the meaning given to such term in the GDPR.

It is important that you read this privacy policy together with any other privacy policy, privacy notice or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

ConnectUp Ops LLC is the controller, and responsible for the Platform.

Data Privacy Manager

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy addendum. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data protection manager using the details set out below:

Full name of legal entity: ConnectUp Ops LLC

Data Privacy Manager: Phillip Peikos

Email address: [email protected]

Postal address:1000 Brickell Ave, Ste 715, PMB 5049, Miami, FL 33131

Changes to the privacy policy and your duty to inform us of changes.

We keep our privacy policy under regular review.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

The data we collect about you.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

·        Identity Data includes first and last name.

·        Contact Data includes email address and telephone number.

·        Technical Data may include internet protocol (IP) address, geolocation data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

·        Usage Data includes information about how you use the Platform.

·        Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, and your communication preferences.

Please note that when using the Platform, you may have the option to log into a portal or make a payment to us.  If you make use of such portions of the Platform, you may be accessing portals offered by third party service providers.  All such third parties are processors or sub-processors and act pursuant to our direction with respect to your personal data.  However, we do not control what information they may collect from you to allow them to make their services available, such as Technical Data or Usage Data.  This privacy policy does not apply to collection or processing of your personal data by such parties.

We may also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

If you fail to provide personal data.

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services outlined in the  Terms of Use  

How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us through any feature of the Platform.

Automated technologies or interactions.  We use cookies on our Platform. We may automatically collect Technical Data about your equipment, browsing actions and patterns, through the use of such cookies, server logs and other similar technologies.  Our use of cookies shall be as disclosed in the Cookie Policy above. 

How we use your personal data

We will only use your personal data that we collect on or through the Platform when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

·        Where we need to perform the contract we are about to enter into or have entered into with you.

·        Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

·    Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data. You have the right to withdraw consent to marketing at any time by contacting us through the “unsubscribe” feature in any marketing communication we send you.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data collected from or through the use of the Platform, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from us

We may use your Identity, Contact, Technical and Usage Data to form a view on what we think you may want or need, or what may be of interest to you (which we may use for marketing purposes).

You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for their marketing purposes.

Opting out

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase or other transactions.

Cookies

We have implemented cookies, as referenced in our Cookie Policy [GK7] set forth herein. You can set your browser to refuse some of them, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of some websites may become inaccessible or not function properly. 

Note that you may not be able to refuse all data collection even by setting your browser cookies settings, and that some collection of Technical and Usage Data may continue.

Also, note that we may analytics service providers as indicated below who also collect Technical and Usage Data based on your use of our Platform.  The analytics providers listed below (if any) are independent controllers of that data, and use it for their own purposes.  You specifically grant your consent to such data collection and usage.

Change of purpose

We will only use your personal data collected on the Platform for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data

We may share your personal data for the purpose of providing our services and making the Platform available to you, including the following:

·        Internal Third Parties as set out below in the Glossary.

·        External Third Parties as set out below in the Glossary.

·        Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We contract with our third-party service providers to require that they do not use your personal data for their own purposes and to authorize them to process your personal data for specified purposes and in accordance with our instructions.

International transfers

Whenever we transfer your personal data out of the European Economic Area (“EEA”), we will endeavour to ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

·        We will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

·        Where we use certain service providers, we may use other methods authorized by the EEA for such data transfers.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA, the United Kingdom or Switzerland.

Data security

We have in place security measures designed to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the rights listed below:

·        Request access to your personal data

·        Request correction of your personal data

·        Request erasure of your personal data

·        Object to processing of your personal data

·        Request restriction of processing your personal data

·        Request transfer of your personal data

·        Right to withdraw consent

If you wish to exercise any of the rights set out above, please contact us. 

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Glossary

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Internal Third Parties

None.  

External Third Parties

·        Service providers acting as processors, including our programmers who help us develop, support and maintain the Platform. A list of such parties may be available upon reasonable request.

·        Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers.

·        Regulators and other authorities acting as processors or joint controllers based in the United States who require reporting of processing activities in certain circumstances.

·        Marketing agencies and affiliates assisting in the promotion and advertisement of the Platform and our services.

·        Analytics and cookies providers, who are independent controllers of data they collect.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

·        If you want us to establish the data's accuracy.

·        Where our use of the data is unlawful but you do not want us to erase it.

·        Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

·        You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.