Privacy & Security
 

Here at Cloud 9 Events, we are committed to protecting the privacy of our customers. We are proud to announce that our partner Arcus Foundry, and the Sparkforge platform that underpins our business is now certified under the EU Data Privacy Framework, which furthers our dedication to ensuring the security and privacy of your personal data when using our platform.

With that in mind, the documents below provide information about Arcus Foundry’s role as a data processor, our customers’ roles as data controllers, and the steps we take to keep data secure. You should review these documents in conjunction with our Privacy Policy, and we recommend that you contact a legal specialist if you require advice or more information.

How our website uses your data

Who we are

Our website address is: https://c9.events

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Visitor comments may be checked through an automated spam detection service.

Privacy Policy

Privacy Policy

Last Updated SEPTEMBER 2023

  1. Overview

Arcus Foundry LLC. (“Arcus Foundry,” “we,” “us,” and “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Policy (“Privacy Policy”). This Privacy Policy describes how we collect and use your Personal Information when you visit our website at https://www.ArcusFoundry.com  or otherwise use the Platform as described further in the Terms of Service, and that you may provide in electronic messages to Arcus Foundry.

Please read this Privacy Policy to understand our policies and practices regarding your Personal Information and how we will handle it. If you do not agree with our policies and practices, do not use the Platform.  By accessing or using the Platform, you agree and consent to this Privacy Policy.

Arcus Foundry may change this Privacy Policy at any time, at its discretion. Your continued use of the Platform after we make changes is deemed to be acceptance of and consent to those changes, so please check the Privacy Policy periodically for updates.

This Privacy Policy is subject to and governed by the Arcus Foundry Terms of Service. The Services are part of the Platform and are described further in the Terms of Service.

  1. The Types of Information That Arcus Foundry Collects About You and How Arcus Foundry Collects Information About You

Arcus Foundry may collect two types of information from you when you visit the Platform: Personal Information and Non-Personal Information (collectively “Information”).

  • “Personal Information” refers to data by which you may be personally identified, such as name, email address, employer, job title and department, and telephone number.
  • “Non-Personal Information” means data that is about you, but does not identify you specifically. If you do nothing during your visit to our Platform but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.

We collect Information:

  • Directly from you when you provide it to us.  When you subscribe to a newsletter, create an account, make a purchase or request information from Arcus Foundry, we will ask for things like your name, contact, billing, shipping and communication information, and account ID or credentials in order to fulfill your request. If you set up an appointment with us through the Platform, attend a trade show or event, or otherwise contact us, you may also voluntarily provide similar information.  If you submit any Personal Information about other people to us or to our service providers, you are responsible for making sure that you have the authority to do so and to allow us to use their Personal Information in accordance with this Privacy Policy (for example, by You asking for their consent).
  • From third parties. We obtain information through partners, vendors, suppliers and other third parties.  The parties from whom we obtain information are typically corporate enterprises (although some may also be educational or public enterprises) and they may be located in any of the locations in which we do business.  These enterprises largely fall into the following categories: Advertising and marketing companies, data set and information vendors, public database providers, social media platforms, partners, providers of products or services, hosts or vendors at events or trade shows, research partners, or enterprises that use Arcus Foundry Services.  We take steps to confirm that information we receive from these third parties has been collected with your consent or that these parties are otherwise legally permitted to disclose your Personal Information to us.  We might also obtain information through a partner, or co-create datasets with a partner, as part of our business operations.  This kind of data is used for work like improving the Platform and other Arcus Foundry Services, enhancing existing products and developing new capabilities and features.  In some cases we combine Personal Information about individuals that we receive from multiple sources, including directly collected from you or through your use of the Platform.
  • Automatically as you navigate through the Platform or during the time in which you utilize our Services. We collect information about how you interact with the Platform through the use of cookies, pixel tags, and similar technologies.  Please view our separate Cookies Policy for more information on our use of cookies and similar technologies, how you can manage cookies and how we respond to Do Not Track signals.
  1. How Arcus Foundry Uses Personal Information It Collects About You and the Purposes for the Collection and Use

We use Personal Information that we collect about you or that you provide to us for the following purposes:

  • For Functionality and Development of the Platform and Arcus Foundry Services. We use information to provide, offer, and personalize the Platform and other Arcus Foundry Services provided to you.  Some information, like your IP address, is used to communicate with your device to provide network connectivity, measure usage levels of the Platform, diagnose server problems and provide security features.  Other business purposes that depend on use of your information include data analysis related to testing, modifying, improving or developing new products, services and technologies, and to identify trends.   We use cookies to make our websites and the Platform operate, work more efficiently, and provide analytic information.  Technologies similar to cookies, such as pixel tags are also used in connection with the Platform. For more information on our use of cookies, please read our Cookies Policy.
  • For Customer Support, Platform Updating and Reporting. The Platform may use information to provide Arcus Foundry with updates and reports, and to check that the Platform is working properly.  Update functions may automatically check your system to see whether files need to be refreshed, updated, or modernized, in order to provide you with the up-to-date security, versions, features, options and controls associated with your systems or devices.  We rely on information to analyze performance and improve and maintain the Platform.  We also rely on Personal Information you provide to us to provide you with customer support for the Platform and other Arcus Foundry Services, and to verify eligibility for promotional offers.
  • For Business Operations. We use information to operate our business; for example, to perform accounting, auditing, billing, reconciliation, and collection activities. Other business purposes that depend on use of your Personal Information include crime or fraud monitoring and prevention, protecting our legal rights, and performing contractual obligations.  We also use Personal Information to contact you to advertise, market and sell Arcus Foundry Services in accordance with your communications preferences.
  • To Communicate. We use contact information to send messages; to provide Arcus Foundry Services; to respond to customer service requests; to provide alerts such as security updates or changes in our policies or about subscriptions that are ending; and to send marketing or informational materials like newsletters or white papers, in accordance with your communication preferences.  We occasionally conduct surveys, or do focused research or studies which may require you to voluntarily share Personal Information in order to participate.  These activities typically have additional notices that provide more information about the use of your Personal Information and to which you may be asked to consent.
  • For Advertising and Marketing. We may use Personal Information collected from you, combined with information about what advertisements you viewed and other information we collect, to enable us to provide personalized content and to study the effectiveness of advertising and marketing campaigns.  You may choose whether to allow or deny uses or sharing of your device’s location by changing your device settings, but if you choose to deny such uses or sharing, we may not be able to provide you with certain personalized Arcus Foundry Services and content on the Platform.
  • For Statistical Purposes to Improve the Platform. We may compile Platform statistics into traffic reports, which help Arcus Foundry understand, anticipate, and respond to user needs.  If we learn, for example, of heightened interest in certain aspects of the Arcus Foundry Platform, we are likely to highlight that information on the Platform home page. This Information helps us create a better overall experience for Platform users.

LEGAL BASIS FOR OUR USE (APPLICABLE ONLY TO EEA AND UNITED KINGDOM VISITORS): If you are in the European Economic Area or the United Kingdom, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, where we have a legal obligation to do so, or where the processing is in our legitimate interests (such as processing for administrative purposes, direct marketing, product development or improvement, preventing fraud or criminal acts and in support of information security) and not overridden by your data protection interests or fundamental rights and freedoms.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the time of collection. We will also tell you whether the requirement for that information is mandatory and explain any consequences to you if you do not provide the information.

Similarly, if we collect and use your Personal Information based on our legitimate interests (or those of any third party), we will take reasonable steps to provide clear notice and describe our legitimate interests.

Arcus Foundry is the Data Controller of all Personal Information collected through the Platform in the EEA and the United Kingdom, except with respect to the Services (where Arcus Foundry is the Data Processor) or where a supplemental Privacy Policy says otherwise. The contact details for Arcus Foundry are set out in the “HOW TO CONTACT US” section.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information for any specific processing activity, please contact us using the contact details provided under the “HOW TO CONTACT US” Section below.

RETENTION OF YOUR PERSONAL INFORMATION: We will only retain your Personal Information for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements and for other purposes described in this Privacy Policy.  We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.  In some circumstances you can ask us to delete your data: see “YOUR LEGAL RIGHTS” below for further information.  And in some circumstances we will anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

  1. How Arcus Foundry Protects Your Information

The Platform is designed to provide reasonable and appropriate administrative, technical and organizational security measures to protect your Personal Information against risks such as temporary or permanent loss, destruction, and unauthorized or unlawful access, alteration, use or disclosure.  We require our suppliers and vendors to apply similar protections when they access or use Personal Information that we share with them.  Users of the Platform must also do their part in protecting the data, systems, networks, and service they are utilizing.  No technology, data transmission or system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that your password to any Arcus Foundry account has been compromised), please immediately notify us by contacting us using the instructions in the “HOW TO CONTACT US” section below.

  1. When Arcus Foundry Shares Your Information

We work through our affiliates to provide the Platform and other Arcus Foundry Services.  We also work with authorized suppliers and business partners.  When we share your Personal Information with these companies, we put in place appropriate measures to limit the use of your information only for legal and authorized purposes that are consistent with this Privacy Policy, as well as appropriate confidentiality and security measures.

We also share information with third parties for advertising and marketing; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of the Platform; and to protect our legal rights.  We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:

  • With Affiliates and Subsidiaries. For purposes limited to and consistent with this Privacy Policy.
  • With Suppliers. Our authorized vendors and suppliers may require Personal Information to provide services we have contracted for, such as product delivery, website hosting, data analysis, IT services, auditing, or customer service.  We use a wide variety of software and tools at Arcus Foundry, and we process Personal Information using these tools as a regular course of business.  Our contracts with suppliers and vendors include provisions to protect your Personal Information and limit its use.
  • With Partners. We occasionally have relationships with third parties that are not suppliers or vendors but are working with us to offer certain opportunities such as marketing and similar promotions, to enable joint products or research studies, or to facilitate services on the Platform.  In these cases, additional terms or Privacy Policies may be provided.  For third parties or uses not described in this Privacy Policy, we share your information only with a lawful basis to do so.
  • For Advertising and Marketing. We share your information with our third-party company partners to prepare and deliver advertising and marketing content, to provide content services and to enable them to provide you with more personalized ads and to study the effectiveness of our campaigns.

In particular, we use third-party companies to communicate regarding goods and services that may be of interest to you, in accordance with your preferences.  You may receive this content by a variety of means such as email, phone or when you access and use the Platform or other Arcus Foundry Services, and other websites.  Content may be based on information obtained, for example, through prior purchases or transactions, through your device’s physical location, through information about what advertisements and content you have viewed, or through cookies and similar technologies relating to your access to and use of the Platform and other websites. Please read our Cookies Policy for more information. You can choose whether to allow or deny uses and/or sharing of your device’s location by changing your device settings, but if you choose to deny such uses or sharing, our partners may not be able to provide you with the applicable Platform Services and content.

  • Sales, Mergers & Acquisitions. We may disclose Personal Information as part of a contemplated or actual corporate transaction such as a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
  • With Your Consent. Arcus Foundry may disclose your Personal Information to any other person or entity where you consent to the disclosure. For information about how to decline our advertising and marketing, please see the section entitled “Your Choices & Rights” below.

We also share non-personally identifiable information, such as anonymized or aggregated information, with suppliers for purposes such as analysis, identifying trends in the areas of our products and to help research and develop new Arcus Foundry Services.

Arcus Foundry does not sell any of your Personal Information for monetary compensation.

  1. Information From Children

We do not knowingly collect, use, or disclose Information from children under 16.  If we learn that we have collected the Personal Information of a child under 16—or the equivalent minimum age depending on the jurisdiction, such as 13 in the United States per the Children’s Online Privacy Protection Act—we will take steps to delete the information as soon as possible.  If you are under 16, do not provide any Information about yourself to Arcus Foundry, including your name, address, telephone number or email address. If you become aware that Information of a child under 16 years of age has been provided, please use one of the methods provided under the “HOW TO CONTACT US” section below.

  1. Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Platform, including the information or content contained therein.  This Privacy Policy does not address, and we are not responsible for, the policies and practices of third parties or other organizations that are not operating on Arcus Foundry’s behalf, including policies and practices related to privacy and security, data collection, processing, use, storage, and disclosure.  This includes: (a) any third party operating any site or service to which the Platform links – the inclusion of a link on the Platform does not imply endorsement of the linked site or service by us or by our affiliates; or (b) any app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer (such as Facebook, Apple, Google, Microsoft, LinkedIn, etc.) – including any Personal Information you disclose to other organizations through or in connection with the Platform or other Arcus Foundry Services.

  1. Do Not Track

Some browsers incorporate a “Do Not Track” (“DNT”) feature that, when turned on, signals to websites and online services that you do not want to be tracked.  At this time, the Platform does not respond to DNT signals.

  1. YOUR LEGAL RIGHTS

Arcus Foundry respects your rights in how your Personal Information is used and shared. Depending on where you live, you may have rights to request access or corrections to your personal data and make choices about the kinds of marketing materials you receive (or choose not to receive marketing from Arcus Foundry at all). See below for more information, depending on your location.

  1. European Privacy Rights

If you are in Europe, you may have additional rights under the GDPR, the UK GDPR, or nFADP.  Additional choices and rights may be available to you depending on which Arcus Foundry Services you use.

  • Access, Correction to or Deletion of Your Information. If you would like to correct or update your Personal Information, or to request access to or deletion of your Personal Information, you may contact us by visiting the Platform or by using the contact details provided under the “HOW TO CONTACT US” section below.  If you request a change to or deletion of your Personal Information, please note that we may still need to retain certain information for recordkeeping purposes, and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). Some of your information may also remain within our systems and other records where necessary for compliance with applicable law.

At your request and where the law requires us to do so, we will confirm what Personal Information we hold about you.  You may also have a legal right to obtain a copy of your Personal Information.  You can make such a request by making a written request in one of the ways described in the “HOW TO CONTACT US” section below.  We may charge a processing fee for this service where permitted by law and we will require evidence of your identity before fulfilling your request.

  • Data Privacy Rights Specific to Individuals in the European Economic Area, the United Kingdom, and Switzerland. You can object to processing of your Personal Information, ask us to restrict processing of your Personal Information, or request portability of your Personal Information.  You can exercise these rights by making a written request in one of the ways described in the “HOW TO CONTACT US” section below.Similarly, if we have collected your Personal Information with your consent, you can withdraw your consent at any time.  Withdrawing your consent will not affect (1) the lawfulness of any processing we conducted prior to your withdrawal, or (2) processing your Personal Information under other legal bases.If you believe we are using your Personal Information in a way that is inconsistent with this Privacy Policy or for more information about your rights, contact your local data protection authority.  Additionally, under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF, you may contact JAMS Mediation, Arbitration, and ADR Services (https://www.jamsadr.com/eu-us-data-privacy-framework) to address complaints and provide appropriate recourse free of charge to you.  Under certain conditions, you may invoke binding arbitration.
  • Advertising and Marketing Choices. We give you many choices regarding our use and disclosure of your Personal Information for advertising and marketing purposes.  You may access or update your contact details and modify your communication preferences by using one of the methods provided under the “HOW TO CONTACT US” section below.  Please also note that if you choose not to receive marketing communications from us, we may still send you communications related to your products or the Platform, such as information about a security update, service issue or product delivery.  Some advertising content is delivered through the Platform’s use of cookies and similar technologies.  Our Cookies Policy includes more information on Arcus Foundry’s use of such technologies for advertising and other purposes.
  1. International Compliance

Arcus Foundry is a global company with its headquarters in the United States.  As such, we may transfer your Personal Information between the United States and our affiliates and business partners in other countries.  We may also transfer your Personal Information to our third party service providers, who may be located in a different country to you.

Arcus Foundry transfers information internationally in order to operate efficiently, to improve performance, and to create redundancies to protect information in the event of an outage or other problem.  In so doing, we will process your Personal Information in a way that meets the commitments of this Privacy Policy and complies with the law wherever we transfer it.

Whenever Arcus Foundry transfers Personal Information beyond the country of origin, we will do so in accordance with applicable laws.  For Personal Information originating in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland that is transferred to a Arcus Foundry entity outside the EEA, UK, or Switzerland, Arcus Foundry participates in the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and, as applicable, the UK extension to the EU-U.S. DPF, and/or the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). Arcus Foundry commits to the DPF Principles and, as needed, will take additional steps to provide appropriate safeguards for the Personal Information we transfer. The Federal Trade Commission has jurisdiction over Arcus Foundry’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF).  Arcus Foundry may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Arcus Foundry is liable in cases of onward transfers to third parties.

  1. Data Privacy Framework

Arcus Foundry LLC and LeadConnector LLC comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Arcus Foundry has certified to the U.S. Department of Commerce that Arcus Foundry and LeadConnector adhere to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Arcus Foundry has certified to the U.S. Department of Commerce that Arcus Foundry and Leadconnector adhere to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

  1. California Privacy Rights

This section is addressed to California residents only and provides more information about your rights under the California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100 et seq.), as amended. Subject to certain exceptions, the CCPA grants to California residents the rights to: be notified about the collection, use, disclosure, sale or sharing of their Personal Information; request access to, deletion of, or correction of their Personal Information; request to opt out of the “sale” or “sharing” of Personal Information (where such information is sold or shared); limit the use or disclosure of Sensitive Personal Information (as defined under CCPA); and to not be discriminated against for exercising such rights.

Arcus Foundry does not sell your Personal Information.  If you wish to exercise your right to opt-out of Arcus Foundry using your Personal Information for cross-contextual targeted advertising purposes (called “sharing” under the CCPA), you may do so by using the details in the “HOW TO CONTACT US” section or the appropriate withdrawal mechanism provided to you on the Platform.

You can request access to, correction of or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section.  If you request a deletion of your Personal Information, please note that Arcus Foundry may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by CCPA.  If you submit a request to exercise rights under CCPA, Arcus Foundry will ask you to provide certain information to verify your identity.  This information will depend on your prior interactions with Arcus Foundry and the sensitivity of Personal Information at issue.  If Arcus Foundry denies your request, we will explain why.

You can designate an authorized agent to make a request under the CCPA on your behalf in certain circumstances. If you use an authorized agent for this purpose, Arcus Foundry may ask you to verify your identity or that you provided the authorized agent signed permission to submit a request under the CCPA.  If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and Arcus Foundry will respond to any request from such authorized agent in accordance with the CCPA.

The Privacy Policy describes the categories of Personal Information that Arcus Foundry collects and how Arcus Foundry uses such Personal Information. If Arcus Foundry collects Sensitive Personal Information, we limit our use of the Sensitive Personal Information to uses: (1) you have authorized, (2) that are required to fulfill your requests for goods or services, or (3) that are otherwise allowed by the CCPA or required by other laws or regulations.

The categories of Personal Information collected, disclosed, and sold from California residents over the preceding 12 months and Arcus Foundry’s applicable retention periods include:

Personal Information Category Retention Period Business Purpose Collected Disclosed Sold
Identifiers (such name, address, IP address, email, etc.) See Section 3 of Privacy Policy: “Retention of Your Personal Information” For functionality, customer support, business operations, communication, advertising and marketing, and statistical purposes. Yes Yes No
Personal information defined in Civil Code Section 1798.80(e) (such as signature, SSN, financial information, and insurance information, etc.) No No No
Protected personal information (such as gender, religion, sexual orientation, or disability) No No No
Commercial information (such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, etc.) See Section 3 of Privacy Policy: “Retention of Your Personal Information” For development, customer support, business operations, communication, advertising and marketing, and statistical purposes. Yes No No
Biometric information No No No
Internet or other similar network activity (such as information on a consumer’s interaction with a website, application, or advertisement, etc.) See Section 3 of Privacy Policy: “Retention of Your Personal Information” For functionality, business operations, and statistical purposes. Yes Yes No
Geolocation data No No No
Audio, electronic, visual, thermal, or olfactory information No No No
Professional or employment-related information No No No
Education information No No No
Inferences (such as analytics and preferences Yes Yes No
  1. Colorado Privacy Rights

This section is addressed to Colorado residents only and provides more information about your rights under the Colorado Privacy Act or “CPA.” Subject to certain exceptions, the CPA grants to Colorado residents the rights to: be notified about the collection, use, disclosure, or sale of their Personal Information; request access to, deletion of, or correction of their Personal Information; and request to opt out of the use of Personal Information for targeted advertising, sale, or certain profiling.

You can request access to, correction of or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section. If you request a deletion of your Personal Information, please note that Arcus Foundry may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by CPA.  If you submit a request to exercise rights under CPA, Arcus Foundry will ask you to provide certain information to verify your identity. This information will depend on your prior interactions with Arcus Foundry and the sensitivity of Personal Information at issue. If Arcus Foundry denies your request, we will explain why. If we have not responded to your request or asked for additional time to respond to your request within 45 days after you send us a request, you have the right to appeal our failure to take action. To appeal our failure to take action, contact us using the details in the “HOW TO CONTACT US” section.

You can designate an authorized agent to make a request under the CPA on your behalf in certain circumstances. If you use an authorized agent for this purpose, Arcus Foundry may ask you to verify your identity or that you provided the authorized agent signed permission to submit a request under the CPA.

  1. Connecticut Privacy Rights

This section is addressed to Connecticut residents only and provides more information about your rights under the Connecticut Data Privacy Act or “CTDPA.” You can exercise your rights by using the details in the “HOW TO CONTACT US” section. If we inform you that we decline to take action regarding your request, you have the right to appeal our failure to take action by contacting us using the details in the “HOW TO CONTACT US” section.

  1. Utah Privacy Rights

This section is addressed to Utah residents only and provides more information about your rights under the Utah Consumer Privacy Act or “UCPA.” You can exercise your rights by using the details in the “HOW TO CONTACT US” section.

  1. Virginia Privacy Rights

This section is addressed to Virginia residents only and provides more information about your rights under Virginia’s Consumer Data Protection Act or “VCDPA.” Subject to certain exceptions, the VCDPA grants to Virginia residents the rights to: be notified about the collection, use, disclosure, or sale of their Personal Information; request access to, deletion of, or correction of their Personal Information; request to opt out of the use of Personal Information for targeted advertising, sale, or certain profiling; and to not be discriminated against for exercising such rights.

You can request access to, correction of or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section. If you request a deletion of your Personal Information, please note that Arcus Foundry may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by VCDPA.  If you submit a request to exercise rights under VCDPA, Arcus Foundry will ask you to provide certain information to verify your identity. This information will depend on your prior interactions with Arcus Foundry and the sensitivity of Personal Information at issue. If Arcus Foundry denies your request, we will explain why. If we inform you that we decline to take action regarding your request, you have the right to appeal our failure to take action. To appeal our failure to take action, contact us using the details in the “HOW TO CONTACT US” section.

  1. How To Contact Us About This Privacy Policy

To ask questions about this Privacy Policy and our privacy practices, contact us at info@arcusfoundry.com

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Data Processing Agreement

    Last Updated December 2023

This Arcus Foundry Data Processing Agreement and its Annexes A, B, and C (“DPA”) is between Arcus Foundry LLC. (“Arcus Foundry”) and the party executing this agreement as Customer (“Customer”).   This DPA reflects the parties’ agreement with respect to the Processing of Personal Data by Arcus Foundry on behalf of Customer in connection with the Service under the contemporaneously-executed Terms of Service agreement between the parties (“Agreement”).

This DPA is part of the Agreement and is effective upon execution or another time as specified in the Agreement, an Order or an executed amendment to the Agreement. In case of any conflict or inconsistency with the terms of the Agreement, this DPA will take precedence over the terms of the Agreement to the extent of such conflict or inconsistency, and it will supersede any previous DPA.

  1. Definitions
  2. CCPA means California Civil Code Sec. 1798.100 et seq. as amended (also known as the California Consumer Privacy Act of 2018), including the California Privacy Rights Act amendments to the CCPA.
  3. California Personal Information means Personal Data that is subject to the protection of the CCPA.
  4. Controller, Processor, Data Subject, Personal Data, Personal Data Breach, Process, and Processing shall have the meaning given to them in the Data Protection Laws;
  5. Customer Personal Data means any information relating to an identified or identifiable individual where (i) such information is contained within Customer Data provided under the Agreement; and (ii) is protected as personal data, personal information or personally identifiable information under applicable Data Protection Laws.
  6. Data Protection Laws means all applicable worldwide legislation relating to data protection and privacy which applies to the respective party in the role of Processing Personal Data in question under the Agreement, including without limitation, the European Data Protection Laws, the CCPA, and other US laws; in each case as amended, repealed, consolidated or replaced from time to time.
  7. Europe means the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom.
  8. European Data means Personal Data that is subject to the protection of European Data Protection Laws.
  9. European Data Protection Laws means data protection laws applicable in Europe, including: (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of personal data and on the free movement of such data, the GDPR; (ii) Directive 2002/58/EC concerning the Processing of personal data and the protection of privacy in the electronic communications sector; and (iii) applicable national implementations of (i) and (ii); or (iii) GDPR as it forms parts of the United Kingdom domestic law by virtue of Section 3 of the European Union (Withdrawal) Act 2018 (“UK GDPR”); and (iv) Swiss Federal Data Protection Act on 19 June 1992 and its Ordinance (“Swiss DPA”); in each case, as may be amended, superseded or replaced.
  10. GDPR means the General Data Protection Regulation ((EU) 2016/679), and the retained UK version of the same;
  11. Standard Contractual Clauses means the standard contractual clauses annexed to the European Commission’s Decision (EU) 2021/914 of 4 June 2021 currently found at https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en, as may be amended, superseded or replaced;
  12. UK Addendum means the International Data Transfer Addendum issued by the UK Information Commissioner under section 119A(1) of the Data Protection Act 2018 currently found at https://ico.org.uk/media/for-organisations/documents/4019539/international-data-transfer-addendum.pdf, as may be amended, superseded, or replaced.
  13. Compliance.Both parties will comply with all applicable requirements of Data Protection Laws. This schedule is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under Data Protection Laws.
  14. Controller/Processor.The parties have determined that for the purposes of Data Protection Laws, Arcus Foundry shall process the Customer Personal Data as processor on behalf of the Customer.  Customer may be either a Controller or Processor.
  15. Consents.Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of Customer Personal Data to Sparkforge, and the lawful collection of the same by the Customer using the Arcus Foundry Services for the duration and purposes of the Agreement and DPA, and shall indemnify Arcus Foundry against all loss and damage (including fines) arising from a failure to do so.
  16. Nature, Scope, Purpose of Processing, and Data Subjects. Annex A sets out the scope, nature, and purpose of Customer Personal Data Processing by Arcus Foundry, the duration of the Processing and the types of Customer Personal Data and categories of Data Subjects.
  17. Customer Instructions. Arcus Foundry shall process Customer Personal Data only on the documented instructions of the Customer, unless Arcus Foundry is required by any applicable laws to otherwise process that Customer Personal Data. The Agreement and DPA are deemed to be the instructions of Customer; the parties may agree to additional instructions.  Arcus Foundry shall inform the Customer if, in the opinion of Arcus Foundry, the instructions of the Customer breach Data Protection Laws;
  18. Arcus Foundry Obligations. Arcus Foundry will:
  19. Implement and maintain appropriate technical and organizational measures to protect Customer Personal Data from Personal Data Breaches, as described under Annex B to this DPA (“Security Measures”). Notwithstanding any provision to the contrary, Arcus Foundry may modify or update the Security Measures at Arcus Foundry’s discretion provided that such modification or update does not result in a material degradation in the protection offered by the Security Measures.
  20. Ensure that any personnel engaged and authorized by Arcus Foundry to process Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory or common law obligation of confidentiality;
  21. Assist the Customer insofar as this is reasonably possible (taking into account the nature of the Processing and the information available to Arcus Foundry), and at the Customer’s cost and written request, in responding to any request from a Data Subject and in ensuring the Customer’s compliance with its obligations under Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
  22. Notify the Customer without undue delay on becoming aware of a Personal Data Breach involving the Customer Personal Data;
  23. At the written direction of the Customer, delete or return Customer Personal Data and copies thereof to the Customer on termination of the Agreement unless Arcus Foundry is required by any applicable law to continue to process that Customer Personal Data. For the purposes of this paragraph, Customer Personal Data shall be considered deleted where it is put beyond further use by Arcus Foundry;
  24. For European Data, assist Customer in ensuring compliance with Articles 32 to 36 of the GDPR; make available all information reasonably necessary to demonstrate compliance with this DPA available to Customer and allow for and reasonably contribute to audits, including inspections conducted by Customer to assess compliance with this DPA to the extent required by Data Protection Laws; and will make available all information reasonably necessary to demonstrate compliance with GDPR Article 28 requirements for Processors; and
  25. Maintain records to demonstrate its compliance with this paragraph
  26. Service Provider.The parties agree that if the CCPA applies, Customer is a “business” and Arcus Foundry is a “service provider” as defined under the CCPA. Arcus Foundry will not retain, use, or disclose the California Personal Information it collects pursuant to the Agreement for any purposes other than to perform the Agreement or as otherwise permitted by the CCPA; and (b) Arcus Foundry will not retain, use, or disclose the California Personal Information it collects pursuant to this the Agreement outside of the direct business relationship between Arcus Foundry and Customer, unless otherwise permitted by the CCPA.  Arcus Foundry will not “sell” or “share” California Personal Information as those terms are defined in the CCPA or combine the California Personal Information with personal information obtained from sources other than Customer, except to the extent necessary to perform the Agreement. From time to time, Customer may ask for, and Arcus Foundry will provide, reasonable evidence of its compliance with this Section 8.
  27. Subprocessors.The Customer provides its prior, general authorization for Arcus Foundry to appoint Processors to process the Customer Personal Data, provided that Arcus Foundry shall ensure that the terms on which it appoints such processors comply with Data Protection Laws, and are consistent with the obligations imposed on Arcus Foundry in this paragraph; and shall remain responsible for the acts and omission of any such Processor as if they were the acts and omissions of Arcus Foundry.  Arcus Foundry has currently appointed, as Sub-Processors, the third parties listed in Annex C to this DPA. Arcus Foundry will notify Customer if Arcus Foundry adds or replaces any Sub-Processors listed in Annex C at least 30 days prior to any such changes, if Customer opts-in to receive such emails by contacting Arcus Foundry.  Arcus Foundry will include substantially the same protections for Customer Personal Data as those in the DPA.
  28. European Data: Transfer Mechanisms for Data Transfers/Standard Contractual Clauses.  
  29. Arcus Foundry will not transfer European Data to any country or recipient not recognized as providing an adequate level of protection for Personal Data (within the meaning of applicable European Data Protection Laws), unless it first takes all such measures as are necessary to ensure the transfer is in compliance with applicable European Data Protection Laws. Such measures may include (without limitation) transferring such Personal Data to a recipient that is covered by a suitable framework or other legally adequate transfer mechanism recognized by the relevant authorities or courts as providing an adequate level of protection for Personal Data, to a recipient that has achieved binding corporate rules authorization in accordance with European Data Protection Laws, or to a recipient that has executed appropriate standard contractual clauses in each case as adopted or approved in accordance with applicable European Data Protection Laws.
  30. Customer acknowledges that in connection with the performance of the Service, Arcus Foundry is a recipient of European Data in the United States. Subject to sub-sections (c), the parties agree that the Standard Contractual Clauses will be incorporated by reference and form part of the Agreement as follows:
  1. EEA Transfers. In relation to European Data that is subject to the GDPR (i) Customer is the “data exporter” and Arcus Foundry is the “data importer”; (ii) the Module Two terms apply to the extent the Customer is a Controller of European Data and the Module Three terms apply to the extent the Customer is a Processor of European Data; (iii) in Clause 7, the optional docking clause applies; (iv) in Clause 9, Option 2 applies and changes to Sub-Processors will be notified in accordance with the ‘Sub-Processors’ section of this DPA; (v) in Clause 11, the optional language is deleted; (vi) in Clauses 17 and 18, the parties agree that the governing law and forum for disputes for the Standard Contractual Clauses will be the Republic of Ireland (without reference to conflicts of law principles); (vii) the Annexes of the Standard Contractual Clauses will be deemed completed with the information set out in the Annexes of this DPA; and (viii) if and to the extent the Standard Contractual Clauses conflict with any provision of this DPA the Standard Contractual Clauses will prevail to the extent of such conflict.
  2. UK Transfers. In relation to European Data that is subject to the UK GDPR, the Standard Contractual Clauses will apply in accordance with sub-section (1) and the following modifications (i) the Standard Contractual Clauses will be modified and interpreted in accordance with the UK Addendum, which will be incorporated by reference and form an integral part of the Agreement; (ii) Tables 1, 2 and 3 of the UK Addendum will be deemed completed with the information set out in the Annexes of this DPA and Table 4 will be deemed completed by selecting “neither party”; and (iii) any conflict between the terms of the Standard Contractual Clauses and the UK Addendum will be resolved in accordance with Section 10 and Section 11 of the UK Addendum.
  3. Swiss Transfers. In relation to European Data that is subject to the Swiss DPA, the Standard Contractual Clauses will apply in accordance with sub-section (1) and the following modifications (i) references to “Regulation (EU) 2016/679” will be interpreted as references to the Swiss DPA; (ii) references to “EU”, “Union” and “Member State law” will be interpreted as references to Swiss law; and (iii) references to the “competent supervisory authority” and “competent courts” will be replaced with the “the Swiss Federal Data Protection and Information Commissioner ” and the “relevant courts in Switzerland”.
  1. If Arcus Foundry cannot comply with its obligations under the Standard Contractual Clauses or is breach of any warranties under the Standard Contractual Clauses or UK Addendum (as applicable) for any reason, and Customer intends to suspend the transfer of European Data to Arcus Foundry or terminate the Standard Contractual Clauses, or UK Addendum, Customer agrees to provide Arcus Foundry with reasonable notice to enable Arcus Foundry to cure such non-compliance and reasonably cooperate with Arcus Foundry to identify what additional safeguards, if any, may be implemented to remedy such non-compliance. If Arcus Foundry has not or cannot cure the non-compliance, Customer may suspend or terminate the affected part of the Service in accordance with the Agreement without liability to either party (but without prejudice to any fees Customer have incurred prior to such suspension or termination).
  2. Amendments.Notwithstanding anything else to the contrary in the Agreement, Arcus Foundryreserves the right to make any updates and changes to this DPA, including to address changes in Data Protection Laws and to revise the security provisions in this DPA, so long as Arcus Foundrydoes not materially reduce the overall security level provided to Customer Personal Data.

ANNEX A – Details of Processing

  1. List of Parties

Data exporter:

Name: You, as defined in Sparkforge’s Terms of Service

Address: Your address as specified by your Platform Account

Contact person’s name, position and contact details: Your contact details, as specified by your Platform Account

Activities relevant to the data transferred under these Clauses: Performance of the Agreement between the parties as a Controller.

Role (controller/processor): Controller or Processor

Data importer:

Name: Arcus Foundry LLC.

Address: 100 N Howard St STE R, Spokane, Wa 99201

Contact person’s name, position and contact details:  Nathan Robertson, Founder

Activities relevant to the data transferred under these Clauses:  Performance of the Agreement between the parties.

Role (controller/processor): Processor

  1. Description of Transfer

Categories of Data Subjects whose Personal Data is Transferred:  Customers and potential customers of clients.

Categories of Personal Data Transferred: The Personal Data input and collected as decided by the Customer, including name, age, date of birth, phone number, email address, social media profiles.

Sensitive Data transferred and applied restrictions or safeguards: The parties do not anticipate the transfer of sensitive data.

Frequency of the transfer:  Variable during the Agreement term.

Subject Matter and Nature of the Processing: Arcus Foundry will provide the Services to the Customer under the Agreement between the parties. The Customer will use the Services to collect and process Personal Data of their customers and potential customers for the purposes of managing and carrying out marketing activities, which may be targeted to their customers and potential customers.

The Processing will involve collecting, storing, recording, contacting and managing Personal Data, in particular for the purpose of running marketing campaigns, providing marketing services, and managing marketing generally.

Purpose of the transfer and further Processing: Arcus Foundry will Process Personal Data as necessary to provide the Service pursuant to the Agreement, as further specified in an order form, and as further instructed by Customer in Customer’s use of the Service.

Period for which Personal Data will be retained:  The duration of the period in which the Customer accesses and uses the Sparkforge platform under the Services Agreement.

  1. Competent Supervisory Authority:

For the purposes of the Standard Contractual Clauses, the supervisory authority that will act as competent supervisory authority will be determined in accordance with the Transfer Mechanisms for Data Transfers section of this DPA.

ANNEX B to the Standard Contractual Clauses

Description of the technical and organisational security measures implemented by the data importer in accordance with clause 4(d) and clause 5(c) (or documents/legislation attached):

Measure Description
Measures of pseudonymisation and encryption of personal data

All personal data at rest is encrypted with: AES 256 CBC.

All personal data in transit is encrypted with: TLS V1.2+.

Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services

Processor has endpoint protection on its APIs.

Processor has uptime monitors to help ensure availability and to alert Processor if there is downtime.

Processor has implemented access control measures such as user-based authentication and subaccount-base authentication.

Processor uses managed services (AWS, GoogleCloud) to help ensure integrity.

Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident Personal data backed up on AWS and GoogleCloud with 5 minute granularity to enable Processor to restore personal data in case of an incident.
Measures for user identification and authorisation Processor uses encrypted signed tokens and role-based authorizations, as well as password protection.
Measures for the protection of data during transmission SSL certificates and https are used during personal data transmission. Protected with TLS v1.2+.
Measures for the protection of data during storage Personal data is encrypted at rest with AES-256 CBC encryption.
Measures for ensuring physical security of locations at which personal data are processed Processor uses managed services to ensure physical security of server locations. All personal data stored on AWS and GoogleCloud, with physical security described in AWS and GoogleCloud Ts&Cs, respectively.
Measures for ensuring events logging Processor uses logging for all user actions and audit logs. In particular, Processor uses GoogleCloud ops for both application and infrastructure monitoring. In addition, Processor uses AWS’s Cloudwatch.
Measures for ensuring system configuration, including default configuration Processor has configurations stored in version control. All containers are created from standardized images hosted by AWS and GoogleCloud. Updates and upgrades are performed automatically and managed by GoogleCloud. Patching of any vulnerabilities is managed by GoogleCloud, according to its standard policies.
Measures for internal IT and IT security governance and management Processor uses a third-party vendor (iWerk) for internal IT and IT security.
Measures for certification/assurance of processes and products The Compliancy Group has issued Processor a HIPAA Seal of Compliance Certificate.
Measures for ensuring data minimisation Minimum data requirement set by Processor. Users can decide not to enter personal data into optional fields.
Measures for ensuring data quality Processor enables customers to update relevant personal data to the latest date, and Processor uses two-factor authentication. Application monitoring conducted by GoogleCloud and custom monitors
Measures for ensuring limited data retention Data retention can be configured with respect to specific individuals by the customer administrator.
Measures for ensuring accountability Processor access to personal data is restricted based on rules.
Measures for allowing data portability and ensuring erasure Customers can download their personal data from within the Service. Customers can request a copy, or deletion, of their personal data upon separation Processor uses support tickets to ensure the foregoing.

Describe the specific technical and organisational measures to be taken by Data Importer to be able to provide assistance to the Data Exporter:

Measure Description
Self-Service Personal data can be downloaded by customers from within the Service. Customer admins can set data retention for terminated personnel.
Customer and Product Support FAQs, support tickets for specific queries not addressed by collateral on Processor customer/product support website

ANNEX C – Subprocessors

Arcus Foundry Affiliate Sub-processors

Name of Authorized Subcontractor Address Contact information Description of processing Country in which subprocessing will take place
HighLevel India HighLevel India Private Limited, C/O 91 Springboard Business Hub Private Limited,B1/H3, Mohan Co-operative, Mathura Road, Industrial Area, Block B, Pul Pahladpur, New Delhi – 110044, India kiran.raparti@gohighlevel.com Data storage; support for performance of this Agreement India
LeadConnector LLC 400 North Saint Paul St.
Suite 920
Dallas, TX 75201
kiran.raparti@gohighlevel.com Data storage; support for performance of this Agreement US

Third-party Sub-processors

Name of Authorized Subcontractor Address Contact information Description of processing Country in which subprocessing will take place
Google LLC/Google Cloud Services 1600 Amphitheatre Parkway, Mountain View, California 94043, United States legal-notices@google.com Data storage; support for performance of this Agreement US
Amazon Web Services, Inc. 410 Terry Avenue North, Seattle, WA 98109-5210, United States 206.266.7010 Data storage; support for performance of this Agreement US
Twilio 101 Spear Street
Fifth Floor
San Francisco, CA 94105
United States
1-903-500-7655 Support for performance of this agreement US
Mailgun 112 E Pecan Street
#1135
San Antonio, TX, 78205
United States
(888) 571-8972 Support for performance of this agreement US
Chargebacks911 18167 US Hwy 19 North
#600
Clearwater, FL 33764
United States
legal@chargebacks911.com Data storage; support for performance of this Agreement US
Pendo 301 Hillsborough Street
Raleigh, NC 27603
United States
(877) 320-8484 Data storage; support for performance of this Agreement US
ChartMogul ChartMogul GmbH & Co. KG
c/o WeWork Kemperplatz 1 10785
Berlin, Germany
info@chartmogul.com Data storage; support for performance of this Agreement Germany. Ireland, UK, Italy, France, Spain, Sweden, Switzerland
Freshworks 2950 S. Delaware Street
Suite 201
San Mateo, CA 94403
United States
legal@freshworks.com Data storage; support for performance of this Agreement Germany. Ireland, UK, Italy, France, Spain, Sweden, Switzerland, US
Yext 61 Ninth Avenue
New York, NY 10011
United States
info@yext.com Data storage; support for performance of this Agreement US
Zapier 548 Market Street
#62411
San Francisco, CA 94104
United States
privacy@zapier.com Data transfer; support for performance of this Agreement US
Stripe Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801
United States
privacy@stripe.com Data storage and transfer of payment information US
Zoom 55 Almaden Blvd.
Suite 600
San Jose, CA 95113
United States
privacy@zoom.us Support for performance of this agreement US
Authorize.net 900 Metro Center Boulevard
Foster City, CA 94404
United States
privacy@visa.com Payment processing US
FirstPromoter Igil Webs SRL, Str.
Talmacelului, nr. 30,
Talmaciu, Sibiu, Romania
hello@firstpromoter.com Data storage and transfer to run the affiliate program US
ClickUp 350 Tenth Ave
Suite 500
San Diego, CA 92101
United States
data@clickup.com Data storage for project management US
Loom 5214F Diamond Heights Blvd
#3391
San Francisco, CA 94131
United States
privacy@loom.com Data storage and transfer for customer support US
Open AI 3180 18th Street
San Francisco, CA 94110
United States
privacy@openai.com Data storage and transfer of payment information US
Meta (for Whats App) Meta Platforms, Inc.
ATTN: Privacy Operations
1601 Willow Road
Menlo Park, CA 94025
United States
datarrequests@fb.com Data storage and transfer for communications US
Mozart Data 250 King Street
#514
San Francisco, CA 94107
United States
security@mozartdata.com Data storage; support for performance of this Agreement US
Accredible 800 West El Camino Real
Suite 180
Mountain View, CA 94040
United States
1 (628) 214-2701 Data storage; support for performance of this Agreement US

 

Our Cookies policy

This Cookie Policy explains how Arcus Foundry LLC (“Arcus Foundry,” “we,” “us,” and “our”) uses cookies and similar technologies to recognize you when you visit our website at arcusfoundry.com (“Website”). It explains what these technologies are and why we use them, as well as your rights to control our use of them. In some cases, we may use cookies to collect Personal Information (as defined in our Privacy Policy) or information that becomes Personal Information if we combine it with other information.

What are Cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information. Cookies set by the website owner (in our case, Arcus Foundry LLC) are called “first-party cookies.” Cookies set by parties other than the website owner are called “third-party cookies.” Third-party cookies enable third-party features or functionality to be provided on or through the website (for example, advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.

Why do we use Cookies?

We use first-and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Website to operate. We refer to these types of cookies as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Website. Third parties serve cookies through our Website for advertising, analytics, and other purposes. This is described in more detail below.

How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services.

The Cookie Consent Manager can be found in the notification banner and on our Website. If you choose to reject cookies, you may still use our Website though your access to some functionality and areas of our Website may be restricted. You may also set or amend your web browser controls to accept or refuse cookies.

What are the different types of cookies that websites might use?

Below are the specific types of first- and third-party cookies that may be served through our Website and the purposes they perform (if used):

  • Essential website cookies: These cookies are strictly necessary to provide you with services available through a website.
  • Performance and functionality cookies: These cookies are used to enhance the performance and functionality of a website but are non-essential to its use. However, without these cookies, certain functionality may become unavailable.
  • Analytics and customization cookies: These cookies collect information that is used either in aggregate form to help a website owner understand how its website is being used or how effective its marketing campaigns are, or to help it customize its website for you. The analytics providers may collect additional information than is shared with us for their business purposes. Analytics providers may also use other types of technology, in addition to cookies, to collect data regarding your use of our website.
  • Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.
  • Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on a website through third party social networking and other websites. These cookies may also be used for advertising purposes too.

What type of cookies does your Website use?

The cookies used by our Website are listed in the table below:

Cookie Name Domain Vendor Purpose
_gcl_au .gohighlevel.com Google Analytics
msgsndr_id www.gohighlevel.com LeadConnector Analytics
_gid .gohighlevel.com Google Analytics
_gat_UA-115177999-2 .gohighlevel.com Google Analytics
_gat_UA-115177999-1 .gohighlevel.com Google Analytics
_ga .gohighlevel.com Google Analytics
_tt_enable_cookie .gohighlevel.com TikTok Advertisement
_ttp .gohighlevel.com TikTok Advertisement
_fbp .gohighlevel.com Facebook Advertising
_ga_HSZW8WNR22 .gohighlevel.com Google Analytics
_ga_1X0XQRMB4F .gohighlevel.com Google Analytics
_ttp .tiktok.com TikTok Advertisement
test_cookie .doubleclick.net Google Advertising

How can I control cookies on my browser?

As the means by which you can refuse cookies through your web browser controls vary from browser to browser, you should visit your browser’s help menu for more information. The following is information about how to manage cookies on the most popular browsers:

 

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit:

 

What about other tracking technologies, like web beacons?

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enables us to recognize when someone has visited our Website or opened an email including them. This allows us, for example, to monitor the traffic patterns of users from one page within a website to another, to deliver and communicate with cookies, to understand whether you have come to the website from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of email marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

Our analytics providers may also use web beacons and other types of technologies to collect data regarding your use of our website. For more information about our analytics providers and the technologies they use, please visit their websites at Google Analytics and Pendo.

Do you use Flash cookies or Local Shared Objects?

Websites may also use so-called “Flash Cookies” (also known as Local Shared Objects or “LSOs”) to, among other things, collect and store information about your use of our services, fraud prevention, and for other site operations.

If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tool contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).

Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.

Do you serve targeted advertising?

Third parties, such as analytics providers and social media companies, may serve cookies on your computer or mobile device to serve advertising through our Website. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. While the information collected through this process does not enable us to identify your name, contact details, or other details that directly identify you unless you choose to provide these, the third parties may collect information that is considered to be personal information under certain state, federal, or international laws, particularly if you are logged into another account while visiting our site, such as Gmail or facebook.

How often will you update this Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal, or regulatory reasons. Please revisit this Cookie Policy regularly to stay informed about our use of cookies and related technologies. The date at the top of this Cookie Policy indicates when it was last updated.

Where can I get more information?

If you have any questions about our use of cookies or other technologies, please email us at info@arcusfoundry.com

 

GDPR Compliance

Introduction
Arcus Foundry is committed to protecting the privacy of our users and their customers. We stay appraised of developments in data protection laws to ensure that you can be confident in your safety while using our platform.
This page is intended to explain what the rules are, how they apply to your use of the Sparkforge platform and the steps we have taken to comply.
You should review this document in conjunction with our Privacy Policy and contact a specialist legal professional if you require more information or advice.
General Data Protection Regulation (GDPR)
Regulation (EU) 2016/679, more commonly known at the General Data Protection Regulation (GDPR) is an EU regulation aimed at harmonizing data protection and privacy laws across the EU. The provisions of the GDPR apply wherever personal data of an EU data subject is involved.
The GDPR is focused on giving individuals more control over how their data is used by companies, and making the collection and processing of data more transparent.
The GDPR was incorporated directly into UK law following the end of the Brexit transition period, meaning that UK businesses still have to comply with its provisions through the ‘UK GDPR’.
Basic GDPR concepts
Controller and processor
The GDPR imposes various obligations on a person depending on whether they are a controller or a processor of personal data.
A controller is an entity which decides to process personal data, and makes decisions regarding the basis of processing and the methods which will be used. Controllers have certain obligations regarding personal data, which you should familiarize yourself with before collecting personal data from your customers.
A processor is an entity which processes data for and on behalf of a controller. They make no independent decisions regarding the data or its processing, as they only process it on behalf of the controller and must comply with all instructions given by the controller.
When you use the Sparkforge service, you are a controller. You are in control of the data you upload to the Sparkforge system, what you do with that data, and why. As a result, you are responsible for ensuring that you have a legal basis on which to process the data, and that you do not retain the data for any longer than is necessary.
You should ensure that you understand your obligations as a controller, and update your own systems and policies to allow the lawful transfer of personal data to Sparkforge. Arcus Foundry is a data processor. We, through the Sparkforge platform, store and manage the data you have collected under your instructions. We will never use any personal data which you have uploaded to the Sparkforge system for our own purposes or without your instruction.
Legal basis for processing
Personal data may only be collected and processed if there is a legal basis for doing so. The allowable legal bases are set out in the GDPR.
As a processor, Arcus Foundry relies on our customers to select the correct basis under which they will be collecting and processing personal data, and to put the appropriate notices and consents in place. Before you use the Sparkforge service, you should take time to identify which legal bases may be available to you, and only collect and retain personal data to the extent necessary to carry out that basis. You should not change the basis under which you have collected personal data without very good reason, so it is important to understand the requirements of the different bases and make sure you select the right one at the start.
Data subject access rights
The GDPR grants data subjects (i.e. your customers) certain rights relating to their personal data, including the right to access, correct and/or delete any data relating to them.
Arcus Foundry has put in place easy systems for you to inform us if you receive such a request from a data subject, and for us to inform you if we receive such a request. We will ensure that, following your instructions, these requests are promptly complied with. You should familiarize yourself with the obligations which will be imposed on you, including relating to any personal data you hold on your own systems, or services other than Sparkforge.
Transfers of data to the USA
Personal data may not be transferred outside the EEA other than under specific circumstances. We utilize the Standard Contractual Clauses as part of our Data Processing Agreement which we sign with all of our customers.
Data Security
We have put in place strong security safeguards and measures to ensure that any personal data we hold is stored securely. We regularly test our products for bugs and vulnerabilities.
We ensure that we have regular back-up systems in place, and ensure that we have data recovery and data integrity systems and processes to minimize risk of corruption to or loss of personal data.
Steps we have taken to ensure GDPR compliance
We take our duties as a processor very seriously. We have put in place a number of procedures and taken a number of steps in order to ensure that we remain compliant with the GDPR and that you are able to lawfully send personal data collected by you to us, for example:
Our data processing agreement utilizes the Standard Contractual Clauses to ensure that you are able to lawfully send personal data to us in the USA.
We are able to detect personal breaches and to inform our customers as soon as possible.
We are able to deal with subject access requests and rights of erasure requests, and ensure that we inform you when a data subject has made such a request to us.
We have assessed and documented the personal data processed by us on your behalf.
We have assessed our security and upgraded this where necessary to ensure that it is appropriate for the level of risk we face in relation to a data breach.

Aisleplanner privacy policy

Terms of Service

Effective date: July 22, 2022.

Welcome to Aisle Planner. The following document is intended to explain our obligations as a service provider and your obligations as a user or subscriber. 

Please read all of the Terms of Service (which includes the Aisle Planner Inc. Privacy Policy, collectively referred to as the “Terms of Service”) before using the services, features, or applications (“Services”) owned and offered by Aisle Planner Inc. (“Aisle Planner”) or its subsidiaries (collectively referred to as “we”, “us”, or “our”), including, but not limited to www.aisleplanner.com (collectively, the “Site” or “Sites) or our sales, business management and event planning software (“Software”) (together with the Site, the “Services” or “Aisle Planner Platform”). These Terms of Service are a legal agreement (“Agreement”) between Aisle Planner and the entity (person or legal entity) collectively referred to as (“you, “your”, “user”, “subscriber”) who registered to access or use the Services. This Agreement sets forth the legally binding terms and conditions for your use of the Site and the Services. 

1. ACCEPTANCE OF TERMS OF SERVICE.

a. By registering for and/or using any of the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service without any modification or qualification and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Your continued use of the Site after such modifications will constitute your acknowledgement of the modified Terms of Service and agreement to be bound by the modified Terms of Service. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to  meet all the conditions set forth in these Terms of Service, or if you breach any of the Terms of Service contained herein, your permission to use Aisle Planner or access any of the Services immediately lapses.

b. Some of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. 

c. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. 

2. ELIGIBILITY.

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. 

We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities). You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

3. REGISTRATION.

In order to use the Service, you may be required to provide your name, email address, username, password and other information that may be deemed personal to create an account (“Account”). You agree, represent and warrant that any registration information you provide on the Site will always be true, accurate, complete and up to date. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. 

4. ELECTRONIC DELIVERY

By accepting this Terms of Service, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service. Communications include but are not limited to:

  • Updates to our Agreements and policies, such as this Agreement and our Privacy Policy;
  • Product and service updates;
  • Confirmations and Transaction receipts;
  • Communication in relation to delinquent accounts (which may also be by phone and text, and may be made by Aisle Planner or by anyone on its behalf, including a third-party collection agent);
  • Account statements and history; and
  • Federal and state tax statements.

We will provide these Communications to you by email or by text message at the primary email address or phone number listed in your Account registration, (and/or) by emailing or texting you a link or instructions on how to access them on a website, (and/or) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed or texted to you, or posted to our Website. You further agree that your electronic signature has the same effect as your manual, physical signature.

By registering for an Account, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.

5. SOFTWARE ACCESS; LICENSE.

a. Software Access. We will provide access, on a hosted basis, to the Software via an online user interface, in accordance with our publicly available information located on our website. The date you register and, if you are signing up for Paid Services (as defined in Section 10 below), provide payment information, shall be the effective date of this Agreement (“Effective Date”). We shall provide you the necessary connectivity standards, security policies, network links, or other necessary procedures, as may be necessary for you to access the Software. We shall use commercially reasonable efforts to host and make available the Software, provided that nothing herein shall be construed to require us to provide for, or bear any responsibility with respect to any telecommunications or computer network hardware required by you to provide access from the Internet to the Software. 

You shall be solely responsible for providing and maintaining all hardware and software and other requirements for your use of the Software. We may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services.

You shall be solely responsible for all dealings with participants or users of the Services. Although our Site and other Services are normally available, there will be occasions when our Site or our Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control.

b. Ownership. The Services and all intellectual property rights in the foregoing, are our exclusive property or that of our suppliers. Intellectual property rights means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature; and (f) all registrations, applications, renewals, extensions, or reissues of the foregoing, in each case in any jurisdiction throughout the world. 

All rights in and to the Services not expressly granted to you in these Terms of Service are reserved by us and our suppliers. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Services, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the Services. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

6. SUPPORT SERVICES.

Technical support for the Paid Services is described in and is available through our Help Center (the “Support Services”). The cost of the Support Services is included in the fees charged for the Paid Services. In the event you require any additional services, such as project management, custom configuration, training, custom modification, consulting, systems integration or other services (the “Add-On Services”), the terms and conditions of these Terms of Service shall apply to the Add-On Services; provided, however, to the extent the costs for such Add-On Services are not publicly posted on the Site, the parties shall first agree upon the costs of such Add-On Services. You acknowledge that the Support Services and the Add-On Services require, and are contingent upon, your timely notification to, and reasonable cooperation with, us, as may be applicable.

7. CONTENT.

a. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

b. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

c. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners, suppliers or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

d. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. 

e. License Grant. Your User Content added or uploaded into your account is your content. We will never use or share User Content without your explicit permission. However, if you submit User Content through the Services as a submission for use in educational or marketing purposes, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit that User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

f. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason or for no reason at all and (ii) to remove or block any Content from the Services.

g. In the event that you have a good faith belief that your copyrights have been violated by the use or display of certain content, it is our policy to investigate and promptly undertake efforts to resolve the issue. To notify us regarding an alleged copyright violation, you must provide us with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed, and information reasonably sufficient to permit us to locate the material; (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at: 

Aisle Planner Inc.
Attn. Legal
PO Box 34
Cardiff, CA 92007

8. CONDITIONS OF USAGE. 

a. You agree to use our Services for the purposes that were intended and only in accordance with this Terms of Service. 

b. If you create an account on behalf of a business and are not the business owner, you represent and warrant that you are an authorized agent of the business entity and that you have been authorized and/or directed by the business’s principals to open the account on behalf of the business entity. 

c. You are solely responsible for keeping your username, password, account details, and all information associated with your Account, secure and confidential. You are solely responsible for any and all activity that occurs on your Account and agree to notify us immediately of any unauthorized access to or use of your Account. You agree to hold harmless and release us from any loss or liability whatsoever that you may incur as a result of someone other than you using your Account, either with or without your knowledge. You agree to indemnify us for any damages, claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your Account.

d. You, at your sole discretion, may provide access to certain of our Services to your authorized users (“Planning Partners”). A Planning Partner is someone designated by you via the Invite User functionality available in Aisle Planner to create an adjoining account. Such authorization does not require that you share your personal sign in credentials with your Planning Partners, as they will create an adjoining account with their own unique sign in credentials. Such Planning Partners may have access to your Account and Account information and perform various tasks which include but are not limited to creating, editing and deleting content, as well as creating, revising and sending quotes, contracts, invoices, and any other lawful tasks that you may prescribe with your Account. You agree to hold harmless and release us from any loss or liability whatsoever that you may incur as a result of an Planning Partner’s use of your Account. You agree to indemnify us for any damages, claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your Account.  

e. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

  1. violates any law, statute, ordinance or regulation in your jurisdiction
  2. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  3. you know is false, misleading, untruthful or inaccurate;
  4. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  5. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  6. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  7. impersonates any person or entity, including any of our employees or representatives; or
  8. includes anyone’s identification documents or sensitive financial information.

 

f. You agree that you will not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party service providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

g. You agree that you will not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application or the Software), (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. 

h. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

i. In the event you choose to use the email and/or SMS features, you represent and warrant that you have a current relationship with each person to whom an email or text message is to be sent. You are solely responsible for ensuring that the email and/or SMS feature(s) are utilized in a manner that complies with local, state and federal laws, rules and regulations. This includes, but is not limited to, compliance with applicable email and telemarketing laws such as the CAN-SPAM Act and Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, the EU ePrivacy Regulation, and comparable state laws. Moreover, you represent and warrant that each person to whom an email and/or text message is to be sent has specifically granted you permission to do so by whatever technology you choose; and opt-outs are provided pursuant to applicable law, rule or regulation. You are responsible for the content and will be identified as the sender of each email and/or text message sent on your behalf. You acknowledge that you are responsible for obtaining any and all permissions required to use the Software’s email and SMS features.

j. You shall abide by this Agreement and all applicable laws and regulations, including but not limited to Title III of the Americans with Disabilities Act (“ADA”) and New York’s state and city level Human Rights Act, and California’s Unruh Civil Rights Act and Consumer Privacy Act. You shall not transfer, use or export Services in violation of any laws or regulations of any government or governmental agency. You shall only use the Services for a lawful purpose.

k. You are solely responsible for compliance with applicable PCI-DSS requirements; we have no obligation to assist with PCI-DSS requirements in any way. Any assistance provided by us, or by our employees, contractors, agents, representatives or other related persons, at your request, is provided without warranty or liability. 

9. THIRD PARTY SERVICES AND USERS.

a. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. 

b. Third Party Users. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

10. PAID SERVICES, PAYMENTS AND BILLING.

a. Paid Services. Certain portions of our Services may be accessible through a paid subscription now or in the future collectively referred to as “Paid Services.” For more information on our subscription plans, please see our website for a description of the current Paid Services.  Any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement and covered by these Terms of Service. We may from time to time deem it necessary to change our subscription fees and billing methods. We will provide you with notice of any change in your pricing at least thirty (30) days in advance at which time you will have the option to accept the change or terminate your subscription (Paid Services) portion of your Account.

b. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the specific Payment Processor that is processing your payments. By choosing to use a Paid Service(s), you agree to pay us for the Services selected, in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment method (your “Payment Method”). You agree to make payment using that selected Payment Method. 

c. Payment Methods.  Our Paid Services are processed through our partnerships with our Payment Processors. We reserve the right to add or delete Payment Methods and/or modify requirements for any Payment Methods. We will provide you with notice of any changes to Payment Methods at least thirty (30) days in advance of any changes being enacted and will do our best to provide alternatives to ensure uninterrupted access to Services.    

d. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. 

THROUGH ACCEPTANCE OF OUR TERMS OF SERVICE, YOU AUTHORIZE US TO SUBMIT PERIODIC CHARGES ACCORDING TO YOUR SELECTED SUBSCRIPTION PLAN WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) OF  TERMINATION OF THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. YOU MAY TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD FROM THE SUBSCRIPTIONS & BILLING TAB, WITHIN YOUR USER SETTINGS MENU.

e. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE FROM THE SUBSCRIPTIONS & BILLING TAB, WITHIN YOUR USER SETTINGS MENU. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

f. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), we shall provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

11. PAYMENT PROCESSING SERVICES.

a. Payment Processing. As part of the Paid Services, you may be able to request payments and send and receive payments through the Services to other users of the Services or third parties. Payment Processing Services may be obtained from our parent company, Fullsteam Operations, LLC (“Fullsteam”) or Stripe, Inc. (“Stripe”). Fullsteam’s payment services are provided under the name “Wedpay.” We are not responsible or liable for any transactions that take place through the Services or liable for collecting, processing or paying any fees relating to the transactions processed via the Payment Processing Services. By using Payment Processing Services, you agree to comply with all applicable laws, statutes, ordinances and regulations, including but not limited to credit card processing, payment processing, consumer protection, platform fees, transaction fees and payment card industry compliance. It is your responsibility to know, understand and abide by all laws applicable in your jurisdiction and to ensure your use of Payment Processing Services complies with such laws.

The use of the Payment Processing Services are subject to separate policies, standards or guidelines, and require that you accept additional terms and conditions. To use the Payment Processing Services of Fullsteam, our preferred provider, or Stripe, you must register as a merchant through your Account and become a party to a payment processing agreement.

b. Setup. You must set up you payment services account (“Merchant Account”) within the Payment Processor via the Services, which may require identity verification for you personally (and/or) the business entity you represent, which may include asking user to provide a form of government identification (e.g. driver’s license or passport), business registration documentation, personal identifiers such as (but not limited to) your date of birth, your address, and other information requiring you to take steps to confirm ownership of your business identity, your domain, email address and bank account, as well as Payment Methods or methods of receiving payment; or attempting to screen your information against third party databases for the purpose of identity verification. We reserve the right to close, suspend, or limit access to the Payment Processing Services in the event we are unable to obtain or verify any of this information.

c. Taxes. You are responsible for any and all taxes, government fees and/or other transaction related fees. We are NOT responsible or liable for collecting, documenting, reporting, processing or payment of any taxes or fees relating to the transactions processed through the Services. 

d. Processing Fees. Processing fees relating to Payment Processing Services can be found in our Help Center.

e. Processing Transactions. Disputes, Refunds, Reversals. You may only submit Charges through the Payment Processing Services that are authorized by your Customers. To enable us to process Transactions for you, you authorize and direct us, our affiliates, the Payment Method Providers and Payment Method Acquirers to receive and settle any payment processing proceeds owed to you through the Payment Processing Services. Except where the Payment Processor and a Customer have otherwise agreed, you maintain the direct relationship with your Customers and are responsible for: (i) acquiring appropriate consent to submit Charges through the Payment Processing Services on their behalf; (ii) providing confirmation or receipts to Customers for each Charge; (iii) verifying Customers’ identities; and (iv) determining a Customer’s eligibility and authority to complete Transactions. However, even authorized Transactions may be subject to a Dispute. As such, You accept full liability and financial responsibility for returning any disputed payments to the card issuer. Aisle Planner and the Payment Processor are not responsible for or liable to you for authorized and completed Charges that are later the subject of a Dispute, Refund, or Reversal, are submitted without authorization or in error, or violate any Laws.

You are responsible to us and the Payment Method Provider for all Disputes, Refunds, Reversals, Returns, or Fines regardless of the reason or timing. We may decline, at our sole discretion, to act upon a Refund instruction, or delay execution of the instruction.

You may have the ability to challenge a Dispute by submitting evidence through an Aisle Planner customer care agent at customercare@aisleplanner.com. We may request additional information to provide to Payment Method Providers and Payment Method Acquirers to assist you in contesting the Dispute, but we cannot and will not guarantee that your challenge will be successful. 

f. Liability. By applying for and agreeing to use our payment processing platform, you accept and assume full liability for any and all charges (and associated fees) relating to the processing of payments through the payment processing platform. This includes but is not limited to losses that may occur from fraud, disputes or anything that results in a reversal of charge. A Reversal for a Charge may be issued if the Charge is made without the account owner’s authorization or in connection with a Prohibited Business, violates the applicable Payment Method Rules, or for other applicable reasons. In the event of a reversal of charge, you agree to pay, reimburse and/or settle any outstanding money owed to us and/or the Payment Processor, regardless of circumstance, within 30 days.   

g. Your Relationship with Your Customers. You may only use the payment processing platform for transactions relating directly to the products or services offered to your customers through us. If it is determined at any time you are using the payment processing system to process payments for products or services of any kind not related to the products and services you publicize and sell through us, we reserve the right to suspend and ultimately terminate your Account. 

We provides access to payment processing services to you but we have no way of knowing if any particular purchase, sale, donation, order, or other transaction (each a “Transaction”) is accurate or complete, or typical for your business. You are responsible for knowing whether a Transaction initiated by you or your Customer is erroneous (such as a Customer purchasing one item when they meant to order another) or suspicious (such as unusual or large purchases, or a request for delivery to a foreign country where this typically does not occur). If you are unsure if a Transaction is erroneous or suspicious, you agree to research the Transaction and, if necessary, contact your Customer before fulfilling or completing the Transaction. You are solely responsible for any losses you incur and liable for any costs incurred by us on your behalf due to erroneous or fraudulent Transactions in connection with your use of the Services.

We are not responsible for the products or services you publicize or sell, or that your Customers purchase using the Services. You affirm that you are solely responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and for any other ancillary services you provide to your Customers.

h. Cardholder Data Security.  For the security of Cardholder Data that is collected, transmitted, stored, or processed by us and Payment Processing Services on your behalf, you acknowledge and agree that you are prohibited from entering or storing cardholder data into any form or data entry fields in your Account, except into appropriate fields intended solely for that purpose. Appropriate fields are clearly marked with labels such as “card number” and it is not permissible to store cardholder data in fields with labels such as “note.” You assume all responsibility for any cardholder data entered into your Account in violation of this Agreement. “Cardholder Data” is defined as being the cardholder’s bank account or card number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or billing address, city and postal code.

i. Tracking Payments Collected Outside of Aisle Planner. We allow you to track manual check and cash payments as well as payments received and refunds issued outside of the Payment Processing Services and your Account and apply these payments to your invoices within your Account. We do not warrant that these records are accurate, complete, reliable, current or free of errors. 

j. Suspension and Termination of Payment Processing Services. We reserve the right to suspend access to the  Payment Processing Services and your ability to access funds in your Merchant Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud or credit risk, or any other risks associated with your Account; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any Law, Payment Method Provider or Payment Method Acquirer requires us to do so; or (iv) we are otherwise entitled to do so under this Agreement.

k. Effects of Termination. Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending Transactions, (ii) stop accepting new Transactions. Your continued or renewed use of the Services after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement. If you terminate this Agreement, we will pay out any remaining funds owed to you. In addition, upon termination you understand and agree that (i) all licenses granted to you by Aisle Planner and Payment Processing Services under this Agreement will end; (ii) we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us for any taxes, fees, fines, or other financial obligation incurred by you prior to termination.

12. ACCOUNT TERMINATION

a. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable and are not prorated. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. For more information regarding our current specific termination policies, please visit our Help Center or contact us at customercare@aisleplanner.com.

For all cancelled subscriptions, voluntarily closed accounts, involuntarily closed accounts or abandoned accounts, we reserve the right to terminate access to all or any part of the Services and permanently delete any and all data associated with your Account, this includes but is not limited to User Content and Marketplace Listings. 

b. We reserve the right, at our sole discretion, to terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. This includes our right to force forfeiture of any username or Account that becomes inactive, delinquent, violates trademark, or may mislead other users.

c. For unpaid accounts with access to Aisle Planner’s free features, as a courtesy, we will maintain the data for up to ninety days (90) regardless of activity.  If there is no activity in an Account for ninety consecutive days (90), we reserve the right to terminate the account and delete any and all data associated with your account. Before doing so, we will attempt to notify you via electronic correspondence by emailing the registered email address. If you do not respond to the notice within the time period specified in the notice, we may close your account and delete any and all data associated with your account.

13. WARRANTY DISCLAIMER.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. WE FURTHER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE RELATED TO ANY CONFIGURATION, REPAIR, UPDATE, INSTALLATION OR OTHER WORK DONE BY OUR EMPLOYEE, CONTRACTOR, AGENT, OR OTHER THIRD PARTY OF OR UNDER CONTRACT WITH US.

14. INDEMNIFICATION.

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

15. LIMITATION OF LIABILITY.

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.

16. GOVERNING LAW AND JURISDICTION.

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby. In case of any dispute related to this Agreement, the parties agree to submit to personal jurisdiction in the State of Delaware. Furthermore, the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any court of the State of Delaware or any federal court sitting in the State of Delaware for purposes of any suit, action or other proceeding arising out of this Agreement. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS, AND/OR PERFORMANCE OF THIS AGREEMENT.

17. MODIFICATION.

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.

18. MISCELLANEOUS.

a. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder

b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

c. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

d. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

e. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal@aisleplanner.com.

f. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

g. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Contact. You may contact us at the following address: PO Box 34 Cardiff By the Sea, CA 92007

 

 

Privacy Policy

Effective Date: July 15, 2022.

Aisle Planner Inc. operates this website, which provides certain hosted and other services. This Privacy Policy governs your use of this site and is by and between Aisle Planner, Inc. (referred to herein as ” Aisle Planner,” “Company,” “we,” “us,” or “our”) and you, the user, on behalf of yourself and the user, customer or supplier (herein referred to as “you” or “your”) for which you are visiting this Site.

This page is used to inform website visitors regarding our policies concerning the collection, use, and disclosure of Personal Information if you decide to request information, services or support services through our websites. 

You do not have to give us personal information to visit our websites. 

Information Collection and Use

We collect personally identifiable information only if specifically and knowingly provided by you. This Privacy Policy statement explains what information we gather, how we gather it and how we use it.

  • What information we gather;
  • How we gather information;
  • How we use information;
  • With whom we may share information;
  • Security of the information;
  • Storage of the information;
  • Your rights and choices; and
  • Contact Information.

 

Please note that we may update this statement without notice from time to time by posting the updated terms on our websites. You are responsible for periodically reading this statement. If you use our websites after we have updated this statement, you acknowledge that you have read the updated terms and consent to our revised privacy practices.

By becoming a registered member or otherwise using our websites, you acknowledge that you have read this privacy policy statement and consent to our privacy practices as described in this statement, including our use and disclosure of personally identifiable information for the purposes described below.

If you or your customers are residents of a country in the European Union, Iceland, Lichtenstein, Norway or the United Kingdom, please read this Privacy Policy to understand additional rights you or your customers may have pursuant to the General Data Protection Regulation (GDPR).

If you are a resident of the State of California, please also read Your California Privacy Rights below to understand additional rights you may have pursuant to California Civil Code Section 1798.83 and the California Consumer Privacy Act of 2018.

Information we gather and track.

We may collect two types of information from you and other registered users of our websites: (1) “personally identifiable information” and (2) “non-personally identifiable information”.

“Personally identifiable information” is information that identifies you personally, such as your name, address, telephone number, email address, or company name.

“Non-personally identifiable information” can be technical information, such as aggregated tracking information derived mainly by tallying page views throughout our site, or it can be demographic information. Non-personally identifiable information does not identify you personally. If you do provide us with non-personally identifiable information, we may use it for the purposes described in this statement or for any other legal purpose.

We do not offer services directed to children. Should an individual whom we know to be a child under age 18 send personally identifiable information to us, we will take measures to remove that user’s personal information from our databases. From time-to-time we may come into contact with persons under the age of 18 as may be necessary in the performance of our contractual obligations. In such instances we take reasonable efforts to not collect or store any personally identifiable data of such persons, but rather de-identify and anonymize such data of persons under the age of 18.

How we gather and track information.

Personally Identifiable Information.

As part of the registration process, we collect your company and/or trade name, contact name, telephone number, principal address and email address.

As part of the utilization of the Aisle Planner services by you, we store in our databases certain information regarding your customers and prospective customers, including name, telephone number and/or email address. In some cases individual preferences and requirements will also be maintained as part of the customer or potential customer profile.

From time-to-time visitors to our websites who are not registered users may request information about our sites and services and provide their name and email address. We collect and retain that information.

Non-Personally Identifiable Information.

Cookies. We may place a text file called a “cookie” in the browser files of your computer (if you or your browser accept the cookie) to collect information about your activity on our websites. The cookie itself does not contain personally identifiable information. A cookie can’t read data off your hard disk or read cookie files created by other sites. You can refuse cookies by turning them off in your browser but if you do, you may not have access to some areas of our websites, or to the personalized features of our websites. You may also set your browser to warn you before accepting cookies.

Log Files. As is true of most web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data.

How we use Information we gather and track.

Personally Identifiable Information.

We use personally identifiable information that we gather from registered users and store in our databases (whether the personally identifiable information relates to the registered user or any customers or potential customers of the registered user) solely to provide the service and functionality for which registered users subscribe. Under no circumstances do we divulge any personally identifiable information to any other registered user or to any third party other than our service providers. So, for example, we use your personally identifiable information:

To authorize your access to appropriate services, pages, screens and data in our system;

To send promotional materials to your customers and potential customers that you have requested that we send on your behalf;

To communicate with you regarding our sites and services, new services and changes to our sites and services that we may make from time to time;

To provide customer and technical service to you;

To comply with law, or in the good faith belief that such action is necessary to conform to the requirements of law, or comply with legal process served on us, and to protect and defend our rights or property, including our rights and property and our websites, or act in urgent circumstances to protect the personal safety of you and our other visitors; and

To protect against fraud or potential fraud.

We use name and email addresses provided by visitors to our websites who expressly request information from us in order to provide the requested information to them.

Non-Personally Identifiable Information.

We use non-personally identifiable information that we gather and track to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

We do not link this automatically collected data to personally identifiable information.

We may create aggregate reports on user demographics and traffic patterns for advertisers, sponsors, and partners. This allows our partners to be more effective and allows our users to receive information that is pertinent to their needs. 

We will not divulge or share any financial or accounting-related data input by our registered users and stored in our databases to any other registered user or to any third party at any time.

With whom we may share information.

We may share, as controller or as processor providing services at the direction of our clients, your personal data to third parties who perform services on our behalf, including our technology providers, payment card processor, administrative personnel and providers and professional advisors. 

Aisle Planner uses a limited number of third-party service providers to assist us in providing our services to customers. These third-party providers assist with the transmission of data and provide data storage services. These third parties may access, process, or store personal data in the course of providing their services. Aisle Planner maintains contracts with these third parties restricting their access, use and disclosure of personal data.

If you are a subscriber and have opted to use our payment processing, we may require additional information from you in order to collect payments on your behalf and provide payments to you. We use a third-party payment processor, who will require the collection of payment information for you from your customers, your vendors, and other parties to whom we provide payments on your behalf and from whom we collect payments on your behalf. This information is used solely to collect and provide payments related to these Services and is stored by the payment processing service (not Aisle Planner). To review the terms of service and privacy policies of these providers please visit Stripe. We cannot guarantee that there will not be a security breach of the payment processing company.

We may disclose information if we have a good faith belief that disclosure is necessary by law or the legal process, to protect and defend our or others’ interests or property, or to enforce agreements you or our clients enter into with us. Aisle Planner may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

We may obtain your written consent from time to time in electronic form by using online agreements or other acknowledgements through our application, including for any other contemplated uses of your personal data not addressed in this Privacy Policy. Please read all online agreements carefully before accepting them.

In the event Aisle Planner goes through a business transition, such as a merger, acquisition by another company, or sale of all or substantial portion of its assets, your personally identifiable information will likely be among the assets transferred. 

Security of this information.

We follow generally accepted industry standards to protect the personally identifiable information as well as the financial data submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

If we learn of a breach of our security system or processes, we may attempt to notify you electronically so that you can take appropriate protective steps. By using our websites, or providing personally identifiable information to us through them, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our websites. In the event of a breach, we may post a notice on our websites and/or send you an email at the email address you provided.

YOU MAY HAVE ADDITIONAL RIGHTS TO RECEIVE WRITTEN NOTICE OF SECURITY BREACHES UNDER APPLICABLE LAW OF YOUR JURISDICTION.

Storage of Information

We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.

Legal Basis for Processing

We rely on the following legal grounds to process your personal information:

Consent. We may use your personal data as described in this Privacy Policy subject to your consent. 

Performance of a contract. We may need to collect and use your personal information and the personal information of your customers, as applicable, to perform our contractual obligations. When we process personal data on behalf of third parties, we do so pursuant to agreements with such third parties.

Legitimate Interests. We may use your personal information for our legitimate interests to provide our services and to improve our services and the content on our application. We process information on behalf of third parties who have legitimate interests in operating their businesses. We may use technical information as described in this Privacy Policy and use personal information for our marketing purposes consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable law.

Your rights and choices.

We communicate with our registered members on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Users can opt-out of all email communications from Aisle Planner by contacting us. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until your request is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the applicable email.

You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal and contractual obligations. 

Our Director for Compliance is responsible for our privacy programs.

For information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, please email compliance.pc44@fullsteam.com or request by mail addressed to:

Fullsteam Operations LLC
Attn. Compliance 
540 Devall Drive, Suite 301
Auburn, AL 36832

Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority.

Data processed: Company provides online tools that our customers use to operate their services businesses, including by providing access to certain of those tools to their own customers. In providing these tools, Company processes data our customers and our customers’ customers submit to our web services or instruct us to process on their behalves. While Company’s customers and their customers’ customers decide what data to submit, it typically includes information about their customers, sales prospects, point of sale services, inventory management, and goods ordering.

Purposes of data processing: Company processes data submitted by our customers and our customers’ customers for the purpose of providing Company’s online services to them. To fulfill these purposes, Company may access the data to provide the services, to correct and address technical or service problems, or to follow instructions of the customer who submitted the data, or in response to contractual requirements.  

Inquiries and complaints: If you believe Company maintains your personal data in the Company web services within the scope of the GDPR or applicable law of another jurisdiction, you may direct any inquiries or complaints concerning our compliance to our address noted above. Company will respond within 45 days. We are committed to respond to complaints and to provide appropriate recourse at no cost to you.

Third parties who may receive personal data: Company uses a limited number of third-party service providers to assist us in providing our services to customers. These third-party providers assist with the transmission of data and provide data storage services. These third parties may access, process, or store personal data in the course of providing their services. Company maintains contracts with these third parties restricting their access, use and disclosure of personal data in compliance with our obligations, and Company may be liable if they fail to meet those obligations and we are responsible for the event giving rise to the damage.

Your rights to access, to limit use, and to limit disclosure: Residents of the EU, Iceland, Lichtenstein and Norway and certain other jurisdictions have rights to access personal data about them, and to limit use and disclosure of their personal data. Company has committed to respect those rights. Because Company personnel have limited ability to access data our customers submit to our services, if you wish to request access, to limit use, or to limit disclosure, please provide the name of the Company customer who submitted your data to our services. We will refer your request to that customer, and will support them as needed in responding to your request.

Compelled disclosure: Company may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Third-Party Websites and Advertisers.

Our websites may contain links to third-party websites. While we endeavor to work with third-parties that share our respect for user privacy, we are not responsible for the websites or privacy practices of such third-parties. We may also use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve advertisements on our websites. Such third parties may gather information about your visit to our websites or other websites, monitor your access to or market products or services to you, monitor the ads you view, click-on, or interact with, when they were delivered, and the screens and pages that they are on.

We do not endorse these parties, their content, or any products and services they offer. You are responsible for knowing when you are leaving our website to visit a third-party website, and for reading and understanding the terms of use and privacy policy statements for each such third party.

California Residents – Your Privacy Rights

California Information-Sharing Disclosure

(As provided by California Civil Code Section 1798.83)

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy statement) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.

As stated in our privacy policy statement, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure — typically by opting-in to receive information from a third party. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt-in to such use when you provide personal information on our website. Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to the third-party’s privacy policies and practices. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policies and practices of any party that collects your information to determine how that party will handle your information.

California customers may request further information about our compliance with this law by e-mailing compliance.pc44@fullsteam.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address. 

California Do Not Track Disclosure:

Our websites do not respond to “do not track” browser signals. Depending on the browser you are using, you may be able to choose to block third party cookies or browse in a private browsing mode. Our websites are accessible even when private browsing is turned on. The information we collect is governed by this Privacy Policy.

California Consumer Additional Information under California Consumer Privacy Act of 2018 (“CCPA”)

You will not receive discriminatory treatment by us for exercising your privacy rights conferred on you by the CCPA.

You have certain additional rights regarding your personal information, pursuant to California law. These include the rights to:

  • receive a list of the categories of personal information we have collected about you;
  • receive a list of the categories of sources from which your personal information was collected;
  • receive a list of the categories of your personal information that we have disclosed for a business purpose;
  • receive a list of the categories of third parties to whom your personal information was disclosed for a business purpose; 
  • know the business or commercial purpose for collecting your personal information;
  • receive a list of specific personal information we collected and for what purposes;
  • have your personal information deleted by us and direct our service providers to delete your information. However, it may be retained pursuant to an allowed exception if applicable;
  • know if personal information was collected from sources other than from you and the categories of sources from which the information was obtained; and
  • receive your personal information in a usable electronic format and transmit it to a third party (right to data portability). 

 

Please submit your request for information or deletion of information concerning you as noted below. In order to provide you with your requested information or to delete the information which we have concerning you, we must be able to verify that you are the person requesting the information or deletion. With your request please provide at least two items of information which you have previously provided to us for us to use for verification of your identity. If this is not sufficient, we will contact you for additional means of verification.

You may designate an authorized agent to make a request for you. If your agent has a power of attorney pursuant to California Probate Code sections 4000 to 4465, please provide proof to the same. If your agent does not have a power of attorney pursuant to California Probate Code sections 4000 to 4465, we will require you to provide the authorized agent written permission to make the request, verify your own identity directly with us and require your agent to submit proof that they are authorized by you to act on your behalf. 

For information concerning you or for deletion of information concerning you, please email compliance.pc44@fullsteam.com or request by mail addressed to:

Fullsteam Operations LLC
Attn. Compliance CCPA
540 Devall Drive, Suite 301
Auburn, AL 36832

Jurisdiction and Contact Information

Aisle Planner, Inc. is a corporation. Our websites are controlled and operated from the United States. If you are an individual from the European Union, Iceland, Lichtenstein, Norway or any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that we may store the information we collect in the United States or in other countries where we or our third-party service providers have operations. Personal data may also be transferred from the country of your residence to other countries, including the United States.

VeraSafe has been appointed as Aisle Planner, Inc’s representative in the United Kingdom for data protection matters, pursuant to Article 27 of the United Kingdom General Data Protection Regulation. If you are located within the United Kingdom, VeraSafe can be contacted in addition to or instead of compliance.pc44@fullsteam.com, only on matters related to the processing of personal data. To make such an inquiry, please contact VeraSafe using this contact form: https://verasafe.com/public-resources/contact-data-protection-representative or via telephone at: +44 (20) 4532 2003. Alternatively, VeraSafe can be contacted at:

VeraSafe United Kingdom Ltd.
37 Albert Embankment 
London SE1 7TL
United Kingdom

VeraSafe has been appointed as Aisle Planner, Inc’s representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. If you are in the European Economic Area, VeraSafe can be contacted in addition to compliance.pc44@fullsteam.com, only on matters related to the processing of personal data. To make such an inquiry, please contact VeraSafe using this contact form: https://verasafe.com/public-resources/contact-data-protection-representative or via telephone at: +420 228 881 031.

Alternatively, VeraSafe can be contacted at:

VeraSafe Ireland Ltd.
Unit 3D North Point House
North Point Business Park
New Mallow Road
Cork T23AT2P
Ireland

If you have any questions or suggestions regarding our Privacy Policy, please contact us:

By mail: 
Fullsteam Operations LLC
Attn. Compliance 
540 Devall Drive, Suite 301
Auburn, AL 36832

By email:
compliance.pc44@fullsteam.com