Privacy Policy for Website or Mobile App - Form Pro · US-law
✓ Valid in United States · drafted to comply with local law
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PRIVACY POLICY
Effective Date: ________
Applicable to the Following Website:
________
Website URL: ________
§ 1. DEFINITIONS
(a) Applicable Website. This Privacy Policy refers and applies to the Website identified above, hereinafter the "Website." The term may also refer to any corresponding mobile application, whether currently in use or hereinafter developed.
(b) Effective Date. "Effective Date" means the date this Privacy Policy comes into force and effect.
(c) Parties. The parties to this Privacy Policy are the following data controller: ________ ("Data Controller") and you, as the user of this Website. The parties are individually referred to as a "Party" and collectively as the "Parties."
(d) Data Controller. The Data Controller is the publisher, owner, and operator of the Website and is the Party responsible for the collection and processing of information described herein. The Data Controller shall be referred to by name or as "Data Controller," or through the first-person pronouns "us," "we," "our," and "ours."
(e) You. Should you agree to this Privacy Policy and continue your use of the Website, you are referred to herein as "you," "the user," "your," or "yours," as applicable.
(f) Goods. "Goods" means any goods or services that we make available for sale or access on the Website.
(g) Personal Data. "Personal Data" means any personal data or information that we obtain from you in connection with your use of the Website that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household.
§ 2. GENERAL INFORMATION
This Privacy Policy (the "Privacy Policy") describes how we collect, use, disclose, and protect the Personal Data we receive about you, as well as your rights in relation to that Personal Data, when you visit the Website or purchase our Goods. This Privacy Policy is intended to comply with applicable United States federal and state privacy laws, including, where applicable, the Children's Online Privacy Protection Act (COPPA), the CAN-SPAM Act, the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA/CPRA), and other applicable state consumer privacy statutes.
This Privacy Policy does not cover any information we may receive about you through sources other than your use of the Website. The Website may link to other websites or applications, but this Privacy Policy does not apply to any such linked websites or applications.
We are committed to protecting your privacy while you use our Website.
By continuing to use our Website, you acknowledge that you have had the opportunity to review and consider this Privacy Policy and that you agree to it. This means that you consent to the use and disclosure of your information as described in this Privacy Policy. If you do not understand or do not agree to this Privacy Policy, you agree to immediately cease your use of our Website.
§ 3. CONTACT AND DATA PROTECTION OFFICER
The Party responsible for the processing of your Personal Data is: ________. The Data Controller may be contacted as follows:
________
The Data Controller and operator of the Website are one and the same.
The designated privacy contact / Data Protection Officer is: ________, who may be contacted as follows:
________
§ 4. LOCATION OF PROCESSING
Our data processing activities take place primarily in the United States. Data may be transferred to and processed by entities located in the United States or in other jurisdictions, but only in a manner consistent with applicable law and the safeguards described in this Privacy Policy. The primary location where data processing activities take place is as follows:
________
§ 5. MODIFICATIONS AND REVISIONS
§ 6. THE PERSONAL DATA WE RECEIVE FROM YOU
Depending on how you use our Website, you may be subject to different categories of Personal Data collection and different methods of collection:
(a) Registered Users. You may be asked to register in order to use the Website or to purchase Goods. During registration, we may collect the following Personal Data through your voluntary disclosure:
________
Personal Data may be requested in relation to:
(i) interaction with our representatives in any way;
(ii) making purchases;
(iii) receiving notifications by text message or email about marketing;
(iv) receiving general emails from us;
(v) commenting on our content or other user-generated content on our Website, such as blogs, articles, photographs, or videos, or participating in our forums, bulletin boards, chat rooms, or other similar features.
By undergoing the registration process, you consent to our collection, storage, use, and disclosure of your Personal Data in accordance with this Privacy Policy.
(b) Unregistered Users. If you are a passive user of the Website and do not register for any purchase or service, you may still be subject to certain passive data collection ("Passive Data Collection"), which may include cookies, IP address information, location information, and certain browser data such as history and/or session information.
(c) All Users. The Passive Data Collection applicable to Unregistered Users also applies to all other users and visitors of our Website.
(d) Sales & Billing Information. To purchase Goods on the Website, you may be asked to provide payment card information, billing address information, and other information necessary to process your purchase. Such payment and billing information may be stored for the following period: ________. If stored, it will be used exclusively to assist you with future purchases.
(e) Related Entities. We may share your Personal Data, including Personal Data that identifies you personally, with any of our parent companies, subsidiaries, affiliates, or other trusted related entities. We share Personal Data with a related entity only if that entity agrees to the privacy standards set out in this Privacy Policy and to treat your Personal Data in the same manner that we do.
(f) Email Marketing. You may be asked to provide certain Personal Data, such as your name and email address, for the purpose of receiving email marketing communications. This information is obtained only through your voluntary disclosure, and you will be asked to affirmatively opt in to email marketing communications.
(g) User Experience. From time to time we may request information from you, such as demographic information or preferences, to assist us in improving our Website and Goods.
(h) Content Interaction. Our Website may allow you to comment on content. If so, we may collect Personal Data such as your username or email address at that time.
(i) Combined or Aggregated Information. We may combine or aggregate certain of your Personal Data to better serve you and to enhance and update our Website. We may also share such aggregated information with others, but only if it does not contain Personal Data.
§ 7. THE PERSONAL DATA WE RECEIVE AUTOMATICALLY
Cookies. We may collect information from you through automatic tracking systems (such as information about your browsing preferences) as well as through information that you volunteer to us. Cookies are small strings of text used to store information concerning the user, the user's preferences, or the device used to access the internet. Cookies are mainly used to adapt the operation of the site to your expectations, offering a more personalized experience and remembering your prior choices.
A cookie consists of a small set of data transferred to your browser from a web server and can be read only by the server that made the transfer. It is not executable code and does not transmit viruses. If you wish, you may prevent the use of cookies, but you may then be unable to use our Website as intended. To proceed without changing your cookie options, simply continue to use our Website.
Technical Cookies. Technical (HTML) cookies are used for navigation and to facilitate your access to and use of the site. They are necessary to transmit communications on the network or to supply services requested by you, and allow safe and efficient use of the site. You may manage or request deactivation or cancellation of cookies through your browser, although doing so may slow down or prevent access to portions of the site.
Cookies may also be retransmitted by an analytics or statistics provider to collect aggregated information on the number of users and how they visit the Website. These are also considered technical cookies when they operate as described. Temporary session cookies are deleted automatically at the end of the browsing session, whereas permanent cookies remain active beyond a single session.
Third-Party Cookies. We may also use third-party cookies, which are cookies sent to your device by a third party. The majority of third-party cookies are tracking cookies used to identify online behavior, understand interests, and customize advertising. Third-party analytical cookies may be installed and sent from the domains of such third parties; they are used to detect information about user behavior on our Website on an anonymous basis, in order to monitor performance and improve usability. Third-party profiling cookies are used to create user profiles in order to propose advertising consistent with the choices expressed by the users.
Profiling Cookies. We may use profiling cookies, which create profiles related to the user and are used to send advertising to the user's browser. When such cookies are used, we will obtain your explicit consent.
Support in Configuring Your Browser. You can manage cookies through the settings of your browser. Deleting cookies may remove the preferences you have set for this Website. For further information, you may consult the help page of the browser you are using:
- Microsoft Edge / Internet Explorer
- Mozilla Firefox
- Apple Safari
- Google Chrome
- Opera
Log Data. Like all websites and mobile applications, this Website makes use of log files that store automatic information collected during user visits, which may include:
- internet protocol (IP) address;
- type of browser and device parameters used to connect to the Website;
- name of the Internet Service Provider (ISP);
- date and time of visit;
- referring and exit pages;
- the number of clicks.
The foregoing information is processed in automated form and collected in an aggregated manner to verify the correct functioning of the site and for security purposes, consistent with our legitimate business interests.
For security purposes (spam filters, firewalls, virus detection), the automatically recorded data may include Personal Data such as IP addresses, which may be used, in accordance with applicable law, to block attempts to damage the Website or harm other users, or in the case of harmful activities or crime. Such data are never used for the identification or profiling of users, but only for the protection of the Website and our users.
§ 8. THIRD PARTIES
We may use third-party service providers ("Third-Party Service Providers"), from time to time or on an ongoing basis, to assist with our Website and to serve you. Such uses may include:
- information storage (such as cloud storage);
- tracking usage data, such as referral websites and dates and times of page requests, which we use to understand usage patterns and improve the Website;
- hosting the Website, in which case the provider will have access to your Personal Data;
- fulfilling orders in relation to the Website;
- permitting third parties to advertise on the Website, which advertisers may use cookies (see the "Cookies" clause above).
Some of our Third-Party Service Providers may be located outside of the United States and may not be subject to U.S. privacy laws. The countries or regions in which our Third-Party Service Providers may be located include:
________
We share your Personal Data with a Third-Party Service Provider only if that provider agrees to the privacy standards set out in this Privacy Policy. Notwithstanding the other provisions of this Privacy Policy, we may provide your Personal Data to a third party to protect the rights, property, or safety of us, our customers, or third parties, or as otherwise required by law.
We do not sell or share your Personal Data in exchange for monetary consideration. To the extent any disclosure described herein constitutes a "sale" or "sharing" of Personal Data under applicable state law, you may exercise your right to opt out as described in § 18.
§ 9. SOCIAL NETWORK PLUGINS
This Website may incorporate plugins and/or buttons for social networks to allow easy sharing of content. These plugins are programmed not to set any cookies when you access the page, in order to safeguard user privacy. Cookies may be set if you make voluntary use of a plugin. If you browse while logged into a social network, you may have already consented to the use of cookies at the time you registered with that social network. The collection and use of information obtained by means of a plugin are governed by the respective privacy policies of the applicable social networks.
§ 10. HOW PERSONAL DATA IS STORED
We use secure physical and digital systems to store your Personal Data where appropriate and take reasonable measures to protect your Personal Data against unauthorized access, disclosure, alteration, or destruction.
Please note, however, that no system involving the transmission of information via the internet, or the electronic storage of data, is completely secure. We take the protection and storage of your Personal Data seriously and take all reasonable steps to protect it.
Personal Data is stored throughout your relationship with us. We delete your Personal Data upon request for cancellation of your account or other general request for deletion, subject to our legal and recordkeeping obligations.
In the event of a breach of your Personal Data, you will be notified within the time frame and in the manner required by applicable federal and state data breach notification laws, and we will comply with all such applicable laws.
§ 11. PURPOSES OF PROCESSING OF PERSONAL DATA
We primarily use your Personal Data to provide a better experience on our Website and to provide the services or information you may have requested.
Information that does not identify you personally, but that may assist in providing broad overviews of our customer base, may be used for market research or marketing efforts, including interests based on your cookies.
Personal Data that may be considered identifying may be used for the following purposes:
(a) improving your personal user experience;
(b) communicating with you about your user account;
(c) marketing and advertising to you, including via email;
(d) fulfilling your purchases;
(e) providing customer service to you;
(f) advising you about updates to the Website or related Goods.
§ 12. DISCLOSURE OF PERSONAL DATA
Although our policy is to maintain the privacy of your Personal Data as described herein, we may disclose your Personal Data where we reasonably believe it is appropriate to do so, in our sole and exclusive discretion. Such circumstances include, but are not limited to:
(a) to satisfy any local, state, or federal laws or regulations;
(b) to respond to requests, such as discovery, criminal, civil, or administrative process, subpoenas, court orders, or writs from law enforcement or other governmental or legal bodies;
(c) to bring legal action against a user who has violated the law or the terms of use of our Website;
(d) as may be necessary for the operation of our Website;
(e) to generally cooperate with any lawful investigation about our users;
(f) if we suspect any fraudulent activity on our Website or detect any activity that may violate our terms or other applicable rules.
§ 13. CHILDREN'S PRIVACY
Our Website is intended for users of the age specified below, and we comply with the Children's Online Privacy Protection Act (COPPA) with respect to any collection of Personal Data from children under the age of thirteen (13). The minimum age required to use the Website is: ________.
Where we knowingly collect information from children under thirteen (13), we do so only after obtaining verifiable parental consent as required by COPPA. The information we may collect from children is as follows:
________
We do not allow children to make their Personal Data publicly available. Such information is collected to help us enhance user experiences and improve our Website, and for the following specific purpose:
________
We do not require children to disclose any more information than is reasonably necessary to interact with our Website.
A parent or legal guardian of a child may review the Personal Data collected from their child and have it deleted upon request, may consent to collection and use without consenting to disclosure to any other party, and may refuse to permit any further collection or use of such information by sending us an email at ________. Otherwise, information collected from children is collected, used, and, if applicable, disclosed in accordance with the general provisions of this Privacy Policy.
§ 14. PUBLIC INFORMATION
We may allow users to post their own content or information publicly on our Website, including photographs, status updates, blogs, articles, or other personal content. Any information or content that you post should be considered entirely public, and we do not purport to maintain the privacy of such public information.
§ 15. OPTING OUT OF TRANSMITTALS FROM US
From time to time we may send you informational or marketing communications related to our Website, such as announcements or other information. In accordance with the CAN-SPAM Act, every commercial email will include a functioning opt-out mechanism. If you wish to opt out, you may contact us at ________ or click the opt-out link provided at the bottom of any such communication. We will honor opt-out requests within ten (10) business days.
Even after opting out, you may still receive transactional or relationship communications from us concerning your use of the Website or your account.
§ 16. MODIFYING, DELETING, AND ACCESSING YOUR INFORMATION
If you wish to modify, delete, or access any information we may have about you, you may do so from your account settings page or by contacting us at the email address listed in § 19.
§ 17. ACCEPTANCE OF RISK
You acknowledge and agree that you provide your Personal Data to us at your own risk. Although we take all reasonable measures to protect and secure your Personal Data, no system involving the transmission of information via the internet or the electronic storage of data can be guaranteed to be completely secure. Accordingly, while we use commercially reasonable efforts to protect your Personal Data, we cannot guarantee its absolute security, and you transmit any such information to us at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website, or for any unauthorized access to or disclosure of your Personal Data resulting from events beyond our reasonable control.
§ 18. YOUR RIGHTS
Subject to applicable law, you have the following rights in relation to your Personal Data:
- the right to be informed about the processing of your Personal Data;
- the right to access the Personal Data we hold about you;
- the right to update and/or correct your Personal Data;
- the right to portability of your Personal Data;
- the right to oppose or limit the processing of your Personal Data;
- the right to request that we delete your Personal Data;
- the right to opt out of the sale or sharing of your Personal Data and of targeted advertising, where applicable under state law;
- the right not to receive discriminatory treatment for exercising your privacy rights;
- the right to lodge a complaint with the Federal Trade Commission (FTC), your state Attorney General, or any applicable data protection authority.
You may exercise these rights by contacting us at the relevant contact information listed in this Privacy Policy. We will not discriminate against you for exercising any of your privacy rights, and we will respond to verifiable requests within the time periods required by applicable law.
§ 19. GOVERNING LAW AND CONTACT INFORMATION
This Privacy Policy and any dispute arising out of or relating to it shall be governed by and construed in accordance with the laws of the State of ________ and applicable United States federal law, without regard to conflict-of-laws principles.
If you have any questions about this Privacy Policy or the way we collect information from you, or if you wish to submit a complaint or exercise any of your rights, you may contact us at the following email address: ________, or by mail at: ________.
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