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BY CONTINUING TO USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM, YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS POLICY AS IT IS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF THE COMPANY WEBSITE OR OTHER COMPANY PROGRAM. NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS POLICY WILL BE ACCEPTED BY EMPATHY ACTIVIST, LLC.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS POLICY, OR YOU DO NOT WISH YOUR PERSONAL INFORMATION TO BE USED PURSUANT TO THIS POLICY, THEN YOU SHOULD NOT USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM AND YOU SHOULD NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO THE COMPANY.
THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THIS POLICY FOR YOUR RECORDS.
1. INFORMATION WE COLLECT
We collect Personal Information that You provide directly to Us. For example, we may collect Personal Information from You if You:
- Seek information about any of the Company’s goods or services, including without limitation any of the Company Programs (as such term is defined above);
- If applicable, sign up to participate in any Company Program or purchase or otherwise request any other goods or services that the Company may offer now or in the future;
- Request any information from or about the Company, including without limitation any newsletter, e-alert, or any other information about Our Company Programs, any other goods or services offered now or in the future by the Company or about any of Our business partners;
- Fill out any other information through the Company Website or other Company Program;
- Communicate with any other representative of our Company;
- Otherwise communicate with Us in any other way.
In these instances, the types of Personal Information that We may collect from You include (but are not limited to):
- Your name;
- Your Mailing address and/or billing address;
- Your e-mail address;
- Your phone (or mobile) number;
- Your date of birth or age;
- Your occupation;
- In the event the Company (now or in the future) may offer for sale to individuals any of the Company’s goods or services for a fee or cost, any credit card, debit card number or similar financial information which may be collected at any such time (if applicable); or
- Other information You may provide when You make inquiries about our Company Program or any other goods or services that the Company may now (or in the future) offer to individuals or others.
When a User accesses or otherwise uses the Company Website or other Company Program, We may automatically collect certain Personal Information about You, including:
- Device Information. We (or our service providers) may collect information about the computer, tablet, phone or other device you use to access the Company Website or any other Company Program, including the Internet Protocol address, hardware models, operating system and version, mobile network information and other unique device identifiers.
- Geo-location Data: Subject to any of Your device permissions, We (or our service providers) may be able to collect information about the precise location of your device or may gather other general location data based on GPS data, mailing address, and/or billing address (hereinafter collectively referred to as “Geo-location Data”).
- Social Media Information. If the Company Website or any other Company Program (now or in the future) offers any social media features, such as the Facebook Like buttons or similar social media interactive mini-programs, these features may collect Your Internet Protocol address, which page You are visiting on Our Company Website or other Company Program , and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on Our Company Website or other Company Program. Your interactions with these features maybe governed by the privacy policies of the company providing it (see Section 7 regarding Third Party Sites).
Personal Information does not include: (i) publicly available information from government records; and/or (ii) de-identified or aggregated consumer information.
2. HOW WE USE YOUR INFORMATION.
- Process Your requests for information about, or to facilitate your participation in, any Company Program;
- Process Your requests for information about, or to facilitate your procurement of, any other goods or service which the Company may offer now or in the future;
- Send support and administrative messages, and respond to your comments, questions, and customer service requests;
- Communicate with you about any Company Program, events, offers, news, or other goods or services offered by Us and others, and provide news and information We think will be of interest to You (if you prefer not to receive promotional communications from Us, you may “Opt Out” at any time by following the “Opt Out” instructions in Section 4.1 herein;
- Monitor and analyze trends, usage, and activities in connection with Our goods or services;
- Personalize Your experience and the advertisements and content You see when You use the Company Website or other Company Program based on Your preferences, interests, and browsing and purchasing behavior;
- For compliance purposes as may be required by applicable laws or regulations or as requested by any judicial process or governmental agency (including without limitation for Company’s tax reporting) or as may be requested under any subpoena;
- To facilitate Your use of various social media sharing features or other integrated tools (such as the Facebook “Like” button) which You may use as part of social media pages; or
- To carry out any other purpose described to You at the time the Personal Information is collected.
- To use with, or otherwise distribute, share or disclose to, any of the Company’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals; or
- To use with, or otherwise distribute, share or disclose to, any government agencies or third parties in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law or regulation (including without limitation tax reporting).
2.3.1 We normally will use or share Your Personal Information only for the purposes as described in this Section 2 and in Section 3 herein, unless We reasonably determine We need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, We consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in Your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If We need to use Your Personal Information for an unrelated purpose, We will notify You and We will explain the legal basis which allows Us to do so.
3. SHARING OF INFORMATION
We may distribute, share or disclose Personal Information about You as follows or as otherwise described herein:
- Affiliates and Subsidiaries. We may disclose Your Personal Information with our affiliates or subsidiaries for any of the purposes described herein.
- Service Providers. We may share or disclose Your Personal Information with Our service provides or other third party vendors that We retain in connection with the provision of the Company Website or other Company Program , the Company Program (as defined above) or any other goods or services offered now or in the future by the Company, including without limitation the following types of service providers that We may engage:
- Email, internet or other telecommunication service providers;
- Cloud, other data storage, or other hosting service providers;
- Third party payment service providers, including without limitation third party credit card processors (see Third Party Application Providers below);
- Analytics companies who assist Us with various types of data analytics (see Analytics Partners below);
- Third parties shippers; or
- Other third party contractors we engage to assist Us in providing Our goods and services.
- Third Party Application Providers. If a third-party application is used to support the Company Website or other Company Program, We may share or disclose Your Personal Information to such third party application providers, including without limitation third party credit card processors or other third party payment service providers.
- Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Website or other Company Program.
- Advertising Partners. We may work with third party advertising companies (collectively, “Advertising Partners”) in order to provide You with advertisements or other information that We think may interest You. These Advertising partners may (now or in the future) set or access their own cookies, pixel tags or similar technologies on the Company Website or other Company Program or they may otherwise collect or have access to data about You which they may collect over time and across different online services. These Advertising partners may also provide Us with their own independent data about potential customers and such data could include data about You previously collected by the Advertising Partner.
- Social Media Features. The Company Website or other Company Program may offer social media features, including certain sharing tools or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
- As Required By Law, Subpoena or Similar Government Order. We may access, preserve, share, or disclose Your Personal Information if We believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (iii) respond to Your requests; or (iv) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSURE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING THE COMPANY WEBSITE OR OTHER COMPANY PROGRAM .
- Company’s Outside Professional Advisors. We may share or disclose Your Personal Information with any of the Company’s Outside Professional Advisors (as defined in Section 2.2 herein) in order to facilitate the professional advice such Outside Professionals provide to the Company.
- Consent. We may also share or disclose Your Personal Information with your permission.
4. CERTAIN ADDITIONAL CHOICES YOU MAY HAVE ABOUT YOUR INFORMATION
4.1.1 YOU CAN OPT-OUT FROM RECEIVING INFORMATION FROM THE COMPANY. In the event a User has provided the Company with Personal Information such as that discussed above, and thereafter a User does not want to continue to directly receive further notices, or information from the Company such as emails about the Company’s products or services, the User must send an email message to [email protected] stating that the User no longer wants to receive these communications directly from the Company (“Opt Out”). Once the Company has received the User’s request to Opt Out, the Company will use commercially reasonable efforts, in a commercially reasonable time period, to try to carry out such User’s request to Opt Out; provided, however, the Company will not have any obligation to retrieve, and cannot prevent the further use by others of, such User’s Personal Information which may have been shared up to that time with other parties as permitted by the provisions of this Privacy Notice.
4.1.2 EFFECT OF OPT-OUT If a User elects to Opt Out, and provided such User has properly delivered its Opt Out request to the Company in accordance with Section 4.1.1 herein, such User will no longer receive emails directly from the Company after a commercially reasonable time from the date such User sent its Opt Out notice to the Company. However, the Company does not have any obligations under, or liability arising out of, this Privacy Notice with regard to a User’s decision to share its Personal Information with, Our use of, any other internet websites, forums, or programs that the User may have linked to via the Company Website or other Company Program which are not under the Company’s direct control or ownership. Accordingly, after sending Your Opt Out to the Company, You may need to contact these other entities directly regarding their use of Your Personal Information.
You may be able to prevent your device from sharing precise location information, including without limitation some or all of the Geo-Location Data described in Section 1.2 above, at any time through your device’s operating system settings.
Some browsers have a “DO NOT TRACK” feature that lets website users inform websites or other applications that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track’ signals are not yet uniform. ACCORDINGLY, EACH USER OF THE COMPANY WEBSITE OR OTHER COMPANY PROGRAM IS HEREBY NOTIFIED THAT THE COMPANY WEBSITE OR OTHER COMPANY PROGRAM IS NOT CURRENTLY SET UP TO RESPOND TO ANY OF THE USER’S “DO NOT TRACK” FEATURES OR “DO NOT TRACK” SIGNALS.
4.4 ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.83, California residents who have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship with (and are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties if you wish to submit a request pursuant to Section 1798.83, please contact the COMPANY via email at [email protected].
This Company Website or other Company Program is not directed to children under the age of 13. We adhere to the Children's Online Privacy Protection Act ("COPPA") and will not knowingly collect Personal Information from any child under the age of 13. WE ASK THAT MINORS UNDER THE AGE OF 13 NOT SUBMIT ANY PERSONAL INFORMATION ABOUT THEMSELVES TO THE COMPANY THROUGH THE COMPANY WEBSITE OR OTHER COMPANY PROGRAM. If you have reason to believe a child under the age of 13 has provided us with personal information, please contact us at [email protected] and request that such information be deleted from our records.
4.6 COOKIES POLICY; HOW YOU CAN DISABLE COOKIES.
4.6.1 What Are Cookies. As is common practice with almost all professional websites this Company Website or other Company Program may use now, and in the future, cookies, which are tiny files that are downloaded to your computer, to improve your experience. This section describes what information they gather, how We use it and why We sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of a website’s functionality.
4.6.3 Disabling Cookies. You can prevent the setting of cookies by adjusting the settings on Your browser (see Your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that You visit. Disabling cookies will usually result in also disabling certain functionality and features of this Company Website or other Company Program. Therefore, it is recommended that You do not disable cookies.
4.6.4 The Cookies We May Set.
- Email newsletters related cookies: The Company Website or other Company Program may (now or in the future) offer newsletters or other types of email subscription services and cookies may be used to remember if You are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
- Orders processing related cookies: The Company Website or other Company Program may offer (now or in the future) other e-commerce functions and some cookies are essential to ensure that Your order is remembered between pages so that We can process it properly.
- Contact or comment related cookies: When You submit any other data through the Company Website or other Company Program, certain contact or comment-related cookies may be set to remember Your user details for future correspondence or transactions.
- As noted in Section 3, the Company Website or other Company Program may use Third Party Analytics Tools or Services (including without limitation Google Analytics) which provides Us with widely-used analytics tools or services to help Us better understand how You and other Users are utilizing the Company Website or other Company Program in order to allow Us to improve Your experience. These cookies may track things such as how long You spend on the Company Website or other Company Program and the pages that You visit so we can continue to produce engaging content.
- Third Party Analytics Tools or Services are also used to track and measure usage of this Company Website or other Company Program so that We can continue to produce engaging content, help Us to understand how We can improve the Company Website or other Company Program for You and and/or to give Us a better understanding of broader industry trends
- From time to time, We test new features and make subtle changes to the way that the Company Website or other Company Program are delivered. When We are still testing new features these cookies may be used to ensure that You receive a consistent experience while on the Company Website or other Company Program while ensuring We understand which optimizations the Users appreciate the most.
- As We promote our products or services, it’s important for Us to better understand statistics about how many of the visitors the Company Website or other Company Program actually make a purchase or which Company products or services the Users viewed the most and, thus, this is additional types of data that these cookies will track. We consider this to be important to You as it means that We can accurately make business predictions that allow Us to monitor our advertising and product /service costs to ensure the best possible services to all of the Users.
- Certain of Our Advertising Partners (as defined in Section 3 of this Policy) may advertise on Our behalf and affiliate tracking cookies allow Us to see if Our customers have come to the Company Website or other Company Program through one of these Advertising Partner sites or sources.
- As noted in Section 3, We also use social media buttons and/or plugins on this Company Website or other Company Program that allow You to connect with Your social network in various ways. For these to work, many social media sites ( such as, but not limited to, Facebook, Instagram or LinkedIn) may set cookies through Our Company Website or other Company Program and such cookies may be used to enhance Your profile on their social media site or to contribute to the data they hold for various purposes outlined in their respective privacy policies.
6. USER RESPONSIBLE FOR UPDATING USER’S OWN PERSONAL INFORMATION.
Users are solely responsible for correcting, updating, or modifying any and all of the User’s personal information as it appears in, and as otherwise stored or contained in, the Company Website or other Company Program . Without in any way limiting the foregoing, User acknowledges and agrees that Company has no duty to correct, update, modify or eliminate any of the User’s personal information as it appears in, is stored, or is otherwise contained in, the Company Website or other Company Program .
7. LINKS TO, AND USE OF, THIRD PARTY SITES OR PROGRAMS.
The Company Website or other Company Program may now or in the future provide links or other access to Internet websites, forums or other programs which are not under Company’s sole control and not solely owned by COMPANY (collectively referred to as “Third Party Sites”). If a User clicks on a link to, or otherwise gains access to, any such Third Party Site, the User will be transported to one of these Third Party Sites.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER AGREES THAT IF THE USER USES ANY THIRD PARTY SITES IN ANY WAY, THE USER IS AWARE THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT THIRD PARTY SITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE USED BY OTHER USERS OF THAT THIRD PARTY SITE OR BY ANY OTHER THIRD PARTIES, AND COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. COMPANY IS NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR OTHERWISE MAKE AVAILABLE TO, THESE THIRD PARTY SITES.
Any link to any Third Party Site from the Company Website or other Company Program does not imply any endorsement of the privacy practices of such Third Party Site by the COMPANY, and no such Third Party Site is authorized to make any representation or warranty on our behalf.
9. COMMUNICATING WITH COMPANY.