1, TERMS OF SERVICE
2. PRIVACY POLICY
TERMS OF SERVICE
Welcome to SleepSmartz (the “Service” or “Application”). The Application is owned and operated by Spiritual Sleep Therapy, LLC (dba “SleepSmartz”). You may use the services, content, technologies and Application on the condition that you comply with the following terms and conditions (the “Site Terms”) governing your use of the Application.
PLEASE READ ALL OF THE SITE TERMS CAREFULLY BEFORE USING OR ACCESSING THE SITE. BY USING OR ACCESSING THE APPLICATION AND/OR ANY OF THE CONTENT AND SERVICES PROVIDED THEREIN, YOU ARE AGREEING TO THE SITE TERMS IN THEIR ENTIRETY.
SleepSmartz may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the Terms. Your use of the Application after any such Amendments have been made or posted constitutes your agreement with and acceptance of such Amendments. Each time you access the Application, you reaffirm your acceptance of the Site Terms and any Amendments thereto. You are responsible for regularly reviewing the Site Terms.
1. Subscriptions - There is no subscription required at this time.
2. Intellectual Property Rights
All information, materials, images, graphics, video, audio, software, photographs, articles, functions, text and other content contained, displayed or reflected on the Application (collectively, “Application Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the Application Content, are the exclusive property of SleepSmartz, its licensors or content providers or other third parties. The Application and the Application Content, including the selection and arrangement of the Application Content, is owned by SleepSmartz and protected as a compilation under the copyright laws of the United States and other countries. Nothing herein or on the Application shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any of the Application Content without SleepSmartz’s prior written permission. You agree that, without prior, written authorization from SleepSmartz, you may not and will not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Application Content, except as permitted herein and under Section 107 of the United States Copyright Act of 1976, as amended, 17 U.S.C. §107.
The SleepSmartz name and marks, and unless otherwise noted all other trademarks, service marks, trade names, and logos displayed on the Application, are the trademarks, service marks and/or trade names of SleepSmartz. Nothing herein or on the Application shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any trademark, trade name, logo or service mark displayed on the Application without the owner’s prior written permission. Unauthorized use of the SleepSmartz name and mark, or any other trademark, service mark or trade name displayed on the Application is strictly prohibited.
Content on the Application is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of SleepSmartz. SleepSmartz reserves all rights not expressly granted in and to the Application and the Content.
3. User Submissions to the Website
The Service may offer you the opportunity to post and/or submit information, materials, images, graphics, video, audio, software, photographs, articles, text, feedback and/or other content (“User Content”) on or to the Website. By posting or submitting any User Content (regardless of the form or medium of the post or submission), you are giving SleepSmartz, and its affiliates, agents and third party contractors the unrestricted, royalty-free, perpetual and irrevocable right to reproduce, adapt, display, publish, distribute or modify such User Content throughout the world in any and all media and formats, whether now or hereafter developed, for any purpose whatsoever, without payment, credit or acknowledgement of source.
With respect to any User Content submitted by you to any SleepSmartz forum, you hereby represent and warrant to SleepSmartz that you are legally capable to enter into contracts, that you are authorized to post or submit the User Content and that the User Content and your submission of the User Content does not violate or infringe the copyright, trademark, patent, publicity, privacy or other proprietary right of any third party. You further agree that you will not: (I) submit or publish falsehoods or misrepresentations that could damage SleepSmartz or any third party; (II) submit User Content that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, hateful, abusive, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit or publish documents or information that is the confidential or proprietary documents or information of any third party; or (iv) post advertisements or solicitations of business. SleepSmartz reserves the right to remove, delete or refrain from publishing any User Content submitted by you without prior notice to you.
You agree that you will be solely responsible and liable for, and will indemnify SleepSmartz and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your submission of User Content, including, but not limited to, any Claims arising out of breach of the Site Terms or any Claims for infringement of copyright, trademark, patent or other proprietary rights.
4. Future Content or Functionality
You agree that your purchases are not contingent on the delivery of any future content, functionality or features, or dependent on any oral or written public comments made by SleepSmartz regarding future content, functionality or features.
5. SleepSmartz May Discontinue or Suspend the Application
SleepSmartz reserves the right at any time to modify or discontinue, temporarily or permanently, the Application or any portion thereof without notice to you. You agree that SleepSmartz shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Application. You agree that any subscription ends with termination or discontinuation of the Service and that no refunds shall be issued in the event of discontinuation.
6. Disclaimers / Limitation of Liability
By using and accessing the Application, you represent that you have reviewed the Terms of Service. Further, the Application is made available to you “AS IS,” without express or implied warranties of any kind, including but not limited to warranties of merchantability or fitness for a particular purpose. SleepSmartz does not warrant or represent that access to the Application will be uninterrupted, or that the Application Content will be free from error. SleepSmartz provides no express or implied assurances or warranties with respect to any goods or services advertised or otherwise depicted, or information provided, through the Application. The Application may contain various text, images, videos, audio recordings or other content created by third parties. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose.
The Application may offer health, meditation, and related information, but such information is designed and provided for informational purposes only. No information on the Application is intended to convey medical advice and nothing on the Application constitutes or should be construed as the practice of medicine. You should not rely on any information provided on the Application as a substitute or replacement for professional medical advice, diagnosis and/or treatment FROM A LICENSED PHYSICIAN. You are urged to consult your physician before beginning any exercise program. By using SleepSmartz meditations, you acknowledge that such use carries the potential risk of injury and that it is your sole responsibility to judge your capabilities and limits. By your use, you expressly waive and release any claim that you may have at any time for injury of any kind against SleepSmartz, or any person or entity involved with SleepSmartz. People with existing mental health conditions should speak with their health care providers before starting a meditation practice. SleepSmartz is not responsible for any actions or inaction on your part based on the information provided on the Application.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. USER ACKNOWLEDGES THAT CONTENT DELIVERED VIA STREAMING AUDIO OR VIDEO MAY BE INTERRUPTED BY SERVICE OUTAGES, POOR QUALITY WIFI OR DATA SERVICES, OR OTHER POSSIBLE CAUSES. USER ACKNOWLEDGES THAT SLEEPSMARTZ IS NOT RESPONSIBLE FOR CONTENT DELIVERY INTERRUPTIONS DUE TO THIRD PARTY SERVICE FAILURES.
WHILE SLEEPSMARTZ USES REASONABLE MEASURES TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM ONCE THEY HAVE BEEN BROUGHT TO SLEEPSMARTZ’S ATTENTION, SLEEPSMARTZ MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. SLEEPSMARTZ DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SLEEPSMARTZ DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES.
SLEEPSMARTZ AND ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND LICENSORS ARE NOT LIABLE FOR DAMAGES OF ANY KIND INCURRED OR ALLEGED TO HAVE BEEN INCURRED BY YOU THAT ARE IN ANY WAY RELATED TO THE APPLICATION, OR FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THE APPLICATION. TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SLEEPSMARTZ’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN THAT JURISDICTION.
7. Third Party Content
The Service may include content supplied by third parties (“Third Party Content”). Any opinions, advice, statements, offers or other information or content contained in such Third Party Content are those of the respective author(s) and not of SleepSmartz. SleepSmartz does not undertake or assume any obligation to monitor Third Party Content, does not guarantee or endorse the accuracy, completeness or reliability of any Third Party Content, and assumes no responsibility or liability that may arise from any Third Party Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
8. Indemnification of SleepSmartz For Any Violation of Site Terms
You agree to indemnify and hold harmless SleepSmartz and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Site Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
9. Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Application or your use of the Application must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action is forever barred.
10. Severability of Terms / Entire Agreement
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Terms represent the entire agreement between SleepSmartz and you relating to the subject matter contained herein.
11. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on or through the Application. You may terminate your subscription at any time, for any reason, by emailing contact@spiritualsleeptherapy.com. If you cancel your membership before the end of the applicable subscription period, your account will be cancelled as of the end of that subscription period. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
SleepSmartz reserves the right to terminate your account or your access to the Application immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of the terms of this Agreement, furnished SleepSmartz with false or misleading information, or interfered with use of the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information and settings. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
12. Choice of Law / Jurisdiction
These Terms, and any dispute concerning or relating to your use of the Application, shall be governed by the laws of the United States and the State of Oklahoma, without regard to conflict of laws principles. You consent to personal jurisdiction and venue in the state and federal courts located in Oklahoma City, OK, and you shall not commence or prosecute any action except in the foregoing courts.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
13. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
BY CONTINUING TO USE OUR APPLICATION, YOU AGREE TO ABIDE BY THESE TERMS. The caption to each Section of these Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Contact Us
If you have any questions about the rights and restrictions above, please contact us at: contact@sleepsmartz.com.
PRIVACY POLICY
05/23/2020
Your privacy is critically important to us. At SleepSmartz ("SSz"), "we", "us", "our"), we have a few fundamental principles:
- We don't ask you for personal information unless we truly need it. (We can't stand services that ask you for things like your gender or income level for no apparent reason.)
- We don't share your personal information with anyone except to comply with the law, develop or operate our products or services, or protect our rights.
- We don't store personal information on our servers or the offsite servers of the third-party service providers we use to provide our core services unless required for the on-going operation of one of our services.
- In our social networking and mobile application products, we aim to make it as simple as possible for you to control what is visible to the public, seen by search engines, kept private, and permanently deleted.
Below is our privacy policy ("Privacy Policy") which incorporates these goals:SSz operates a mobile application (the "Application"). It is SSz's policy to respect the privacy of the Application's users ("you", "your") regarding any information collected through the Application.
Non-Personally-Identifying Information
SSz collects, or may have a third-party service providers collect, non-personally-identifying information of the sort that mobile applications typically make available, such as the type of device using the Application, the operating system, location information, and aggregated user statistics. For instance, SSz may monitor the most popular features of the Application. SSz's purpose in collecting non-personally-identifying information is to better understand how users utilize the Application. From time to time, SSz may release non-personally-identifying information in the aggregate, e.g., by publishing or disclosing to third parties a report on trends in the usage of the Application or of mobile applications including the Application.
Personally-Identifying Information
Certain users of the Application choose to interact with SSz in ways that require SSz to gather personally-identifying information. The amount and type of information that SSz gathers depends on the nature of the interaction. For example, we ask users who log in to a social network through the Application to provide a username and an email address. Those who engage in transactions with SSz are asked to provide additional personally-identifying information, including, as necessary, their first and last name, physical address, telephone number, and additional data such as financial information required to process those transactions. In each case, SSz collects such information only insofar as is necessary or appropriate to fulfill the purpose of the user interaction with SSz. SSz does not share personally-identifying information other than as described below. Users can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain Application-related activities.
Sharing of Personally-Identifying Information
SSz shares personally-identifying information only with those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on SSz's behalf or to provide services available through the Application, and (ii) that have agreed not to disclose it to others. For instance, SSz uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, data storage, and related technology required to run the services available through the Application. Some of those employees, contractors and affiliated organizations may be located outside of your home country. SSz will not rent or sell personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, SSz discloses personally-identifying information only when required to do so by law, or when SSz believes in good faith that disclosure is reasonably necessary to protect the property or rights of SSz, third parties or the public at large.
Use of Email Addresses and Push Notifications
If you have supplied your email address as part of your use of the Application, SSz may, subject to the applicable law, occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what is going on with SSz and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum.
With your consent, SSz may also send push notifications or alerts to the device you use to access the Application. Such notifications can reach you even when you are not logged in to the Application or the Application is not running on your device. SSz uses push notifications to send you messages related to the services provided through the Application or to make available to you general information regarding SSz and its products. You can deactivate push notifications in the settings of the Application or of your device at any time.
Protection of Information
SSz takes all measures reasonably necessary to protect your personally identifiable information against unauthorized access, use, alteration, loss, or destruction.
Cookies
A cookie is a string of information that a web server stores on a user's computer or other device, and that the user's device provides back to the web server each time the user returns. SSz uses cookies as part of the Application to remember your user preferences and make available to you the services provided through the Application.
Do-Not-Track Disclosures
Neither SSz nor any third party engages in the collection of personally-identifiable information about your online activities over time and across third-party websites or online services when you are accessing or using the Application. For this reason, the Application does not respond to "Do Not Track" signals or other mechanisms providing you the ability to exercise choice regarding the collection of such information.
Age Limitation
The Application is not directed and should not be available to children under 13 years of age. We do not knowingly collect any kind of personal information from children under 13 years of age. If you are under the age of 13, do not use the Application or otherwise provide us with personal information. If we become aware that such information has been collected, we will immediately delete such information. If any parent or guardian learns or otherwise becomes aware of a child under 13 years of age using the Application or otherwise providing personal information to us, please contact us.
Review of and Changes to Personally-Identifying Information
Email us at contact@sleepsmartz.com to find out what personally-identifying information we have collected about you and request any necessary changes.
Privacy Policy Changes
Although most changes are likely to be minor, SSz may change this Privacy Policy from time to time, and in SSz's sole discretion. Changes to the Privacy Policy will be effective as of the date we post the revised version on this page or make it otherwise accessible through the Application as a notification and will apply only to our collection, use and sharing of information after such date. SSz encourages users to frequently check this page for any changes to its Privacy Policy. If you have a SSz account, you should also check your social network dashboard for alerts to these changes.
Your Acknowledgement
By using the Application, you acknowledge the information provided to you about our collection, use, and sharing of any information pertaining to you as described in this Privacy Policy.
Effective Date
The effective date of this Privacy Policy is displayed at the top of its first page.
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EEA Supplemental Privacy Statement
Scope of This Supplemental Statement
SST provides to users located in the European Economic Area this Supplemental Privacy Statement ("Supplemental Statement"), which contains additional information for such users to supplement the above Privacy Policy. If you are not located in the European Economic Area, this Supplemental Statement does not apply to you.
Unless defined specifically in this Supplemental Statement, capitalized terms shall have the meaning set forth in the Privacy Policy.
Controller and EU Representative
[Complete company name], [complete address], operates the Application and is the controller of any personal data collected or otherwise processed on or through the Application. [Complete company name]'s representative in the EU is [complete (company) name and address of EU representative]. [Note: Last sentence to be deleted if controller is an entity located in the EU/EEA.]
Purposes and Legal bases for processing
We process your personal data on several different legal bases, as follows:
[Note: In this section EU data protection authorities will likely prefer more specificity as to what data categories exactly are processed based on the different justifications and for what purposes. The following paragraphs should be amended accordingly.]
1. Based on necessity to enter into or perform a contract with you - we need to process your personal data to enter into an agreement with you to perform contractual obligations, to respond to related questions and requests from you, or provide customer support. [Note: To be deleted if not relevant regarding the Application.]
2. Based on legitimate interests - we process personal data from you
- to let you post contributions to blogs or forums accessible through the Application;
- for the security and safety of the Application, our IT connected to the Application and the users of the Application;
- to detect and prevent fraud; or
- to protect and defend the rights or property of others, or our own rights and interests.
3. Based on compliance with legal obligations - we may need to process your personal data to comply with relevant laws, regulatory requirements and to respond to lawful requests, court orders, and legal process;
4. Based on your prior consent - we process personal data from you
- to track and analyze your activities in the Application. Detailed information about the analytics solutions used in the Application can be found immediately below:
Name and Provider of Solution
| Personal Data Processed by Solution
| Purpose of Solution
| Retention Period Applicable to Personal Data
| Your Choice Regarding the Solution
|
[Description of Bizness Apps proprietory analytics solution]
| Information on your use of the Application, including, without limitation, your IP address, when you started and stopped using it, your location, the app used, your device information, and which app "tabs" you used.
| Evaluating your use of the Application, compiling reports on user activity for us and providing other services relating to user activity and Application usage to us
| Until your consent is withdrawn. You are free to withdraw your consent at any time with future effect.
| You can prevent future analysis of your use of the Application by deactivating the solution in the Application's settings page.
|
- for placing cookies on your device (subject to certain exceptions) or sending marketing communications to you. Detailed information on our use of cookies and our marketing communications to you are set forth immediately below.
Cookies Used in the Application
The Application makes use of cookies. Cookies are small text files downloaded by the Application and stored on the device the Application is installed on (e.g., your tablet or smartphone). Depending on their purpose, cookies log specific user-related information such as your user preferences, authentication information, security parameters, data concerning the device the Application is installed on and statistical information regarding your use of the Application. Where necessary during your use of the Application or when using the Application again after initially closing it, the Application transmits the cookies including the contained information back to the servers they were initially downloaded from. The analysis and processing of such information allows us to ensure the functionality of the Application, improve your online experience and optimize the structure and content of the Application.
The cookies we use can be categorized as follows:
Strictly Necessary Cookies | These are cookies that are required for the operation of the Application or of certain parts thereof. They either serve the sole purpose of carrying out network transmissions or are strictly necessary in order for us to provide an online service explicitly requested by you. |
Analytics/Performance Cookies | These cookies allow us to carry out analytics or other forms of audience measuring such as seeing how users move around the Application. This helps us to improve the way the Application works, for example, by ensuring that users are easily finding what they are looking for. |
The following cookies are used in the Application:
Cookie Name | Who Places the Cookie? | Cookie Category | When Is Cookie Enabled/Does It Expire? | Purpose |
_ga, _gid | Google Ads | Targeting/Profiling | Loads when session begins. Expires after 24 months. | To provide behavioral advertising in the Application using Google Ads |
PHPSESSID | Bizness Apps | Strictly Necessary | When session begins; 24 hours later | Linking PWA user to his/her app and data. |
[app_code]_m | Bizness Apps | Strictly Necessary | When session begins; 24 hours later | Stores data in-between pages, e.g. partial food ordering |
[app_code]_m_history | Bizness Apps | Strictly Necessary | When session begins; 24 hours later | Enable "back" button functionality |
device_user_id duih | Bizness Apps | Strictly Necessary, and Analytics | When session begins; 48 hours later | Identify user anonymously/uniquely, for e.g. keeping track of a food order on the server side. (duih is a hash of device_user_id). Also used to track usage for custom analytics. |
local_timezone | Bizness Apps | Strictly Necessary | When session begins ; never | Show the correct device-local time of events, food ordering times, etc |
syncUserIds | Bizness Apps | Analytics | When session begins; never | (PWA) Used to store the device_user_id/duih on the device's local storage, so that the device can continue to be identified as the same each time the app opens. |
Marketing Communications to You
When creating a user account or when using the [description] functionality of the Application, you can register to receive newsletters or similar information on our products or services or the products or services of our affiliated companies. As part of the registration process, we ask you to provide us with certain information. Such information may include your first and last name, your email address, your birthday, your zip/postal code and/or your phone number. Providing any information other than your email address is optional to you when registering to receive newsletters.
When receiving a registration, we log and store the date/time of registration and a unique identifier such as the IP address the registration was received from. This solely serves evidentiary purposes in case your contact detailed are used by an unauthorized party.
When registering to receive newsletters or similar information in the Application, you need to explicitly declare your consent in our processing of your personal data for this purpose. You are under no obligation to provide such consent and, if you choose to do so nonetheless, you may withdraw your consent at any time with future effect for any or no reason by following the unsubscribe link contained in any email communication to you or by sending us an email at michael@bfac.com.
Recipients of Your Personal Data
In the following circumstances, we disclose your personal data to the following third parties, as required or permitted by applicable law:
Who Is your Personal Data Disclosed To? | What Is the Purpose Underlying the Disclosure? |
Companies affiliated with us, including: [company name and address of affiliated companies receiving or having access to Application data] | [...]
|
Third-party suppliers and service providers including: - Bizness Apps, Inc., 7590 Fay Avenue, La Jolla, CA 92037, USA;
- Amazon Web Services
| To assist us in the operation or improvement of the Application and to enhance our products and services.
|
To other third parties in line with applicable legal requirements (where applicable)
| To comply with legal obligations that we are subject to.
|
[...] | [...]
|
Data Transfers to Recipients Outside of the EU/EEA
[Note: Statements to be adjusted as necessary in light of where the controller and its affiliates and third-party service providers with access to Application data are located.]
Certain of our affiliated companies and third-party service providers are located outside the EU/EEA in jurisdictions that are not subject to an unqualified adequacy decision by the EU Commission finding them to provide an adequate level of protection of personal data, i.e. a level of protection of fundamental rights and freedoms that is essentially equivalent to that guaranteed within the EU.
However, to ensure an adequate level of protection of your personal data, we enter into data processing and data transfer agreements with our affiliated companies and third-party service providers outside of the EU/EEA that incorporate the provisions of the Standard Contractual Clauses approved by the EU Commission or implement other appropriate safeguards with them. You can ask for a copy of such appropriate safeguards by contacting [designated recipient] at [contact details].
How Long We Keep Your Personal Data
[Note: To be confirmed by the controller whether the statements contained in this paragraph are correct and complete.]
We have implemented appropriate retention periods for your personal data collected or otherwise processed on or through the Application as set forth in our records management policy. Personal data processed in the context of a contract with you will be retained by us for the term of the contract and for a reasonable time afterwards as might be required to determine and settle any related claims. Where our processing of your personal data is based on legitimate interests or the compliance with legal obligations, it will be deleted as soon as the underlying purpose has expired. Personal data processed based on your consent will be deleted if and when you withdraw such consent.
Your Rights Regarding the Processing of Your Personal Data
Subject to the conditions set out in the applicable law, you have, without limitation, the rights to (i) inquire whether and what kind of personal data we hold about you and how it is processed, and to access or request copies of such personal data, (ii) request the correction or supplementation of personal data about you that is inaccurate, incomplete or out-of-date in light of the purposes underlying the processing, or to (iii) obtain the erasure of personal data no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, processed for legitimate interests that, in the context of your objection, do not prove to be compelling, or processed in non-compliance with applicable legal requirements. In addition, you have, subject to the conditions set out in the applicable law and without limitation, the rights to (iv) request us to restrict the processing of personal data in certain situations where you feel its processing is inappropriate, (v) object, in certain circumstances, to the processing of personal data for legitimate interests, and to (vi) request portability of personal data that you have actively or passively provided to us (which does not include data derived or inferred from the collected data), where the processing of such personal Data is based on consent or a contract with you and is carried out by automated means. In case of concerns, you also have the right to lodge a complaint with the competent local data protection authority.
You may exercise the above mentioned rights of access, rectification, erasure, restriction, objection and data portability by contacting us under michael@bfac.com, even to the extent that such claims relate to the processing of personal data by one or more of the data recipients identified in this privacy statement.
Your Provision of Personal Data to Us
Your use of the Application and your provision of personal data to us in the process is purely voluntary on your part. Subject to your sole discretion, you can, at any point, stop to use the Application or, where applicable, opt out of certain data processing operations while using the Application as described in this Supplemental Statement. An exception applies if an to the extent that you want to enter into or perform a contract with us on or through the Application. In this event, providing us with your related personal information is necessary for us to be able to enter into the contract with or provide any contractual services to you.
Effective Date and Changes
This Supplemental Statement is effective [effective date]. We may make changes, including material changes, to this Supplemental Statement from time to time and subject to our sole discretion. You should review the Supplemental Statement each time you use the Application to learn of any changes.
If you have questions about this Supplemental Statement, please contact us at [contact details].
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