We will collect both personal information, and non-personal information (collectively, the “Information”) and act as the data controller regarding your personal information.
We collect the following types of Information about you:
When you make a purchase or attempt to make a purchase through the Websites, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number (collectively, “Order Information”).
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
We may ask for certain information such as your username, first and last name, birthdate, phone number, address, e-mail address when you register for a Company account or if you correspond with us (the “User Content”). We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service.
We may receive information about you from third parties (“Third-Party Information”). For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the Company application, linking your account to the Company Service, etc., that third party may pass certain information about your use of its service to Company. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that third-party service. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join Company. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Company Service. You may also unlink your third-party accounts from the Service by adjusting your settings on the third-party service. If you unlink your third-party account, we will remove the information collected about you in connection with that service.
We use this Third Party Information and User Content to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages, to allow you to locate others and have others locate you on the Service, and to permit you to share content with others on the Service. We may also send you Service-related emails or messages (e.g., account verification, order confirmations, change or updates to features of the Service, technical and security notices). For more information about your communication preferences, see “Your Choices Regarding Your Information” below.
Cloud9 may offer you the ability to receive newsletters or marketing periodically by email about our Products and Services. You can stop receiving further newsletters or marketing emails by unsubscribing from the link in the footer of each email we send to you.
We may automatically collect certain types of usage information when you visit our website or use our Service. When you visit the Service, we may send one or more Cookies to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. “Cookies” are small text/data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. A Cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information from your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, date/time stamps, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third-party applications, and other information that assists us in analyzing and improving the Service.
We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; (f) otherwise to plan for and enhance our Service; and (g) automatically update the Company application on your mobile devices.
If you are a California resident or if you reside in the European Economic Area (“EEA”: the countries of the European Union as well as Norway, Liechtenstein and Island) additional provisions apply. Please check the sections “California Privacy Rights” and “Users outside the USA” for further information.
We may share your Information in the instances described below. For further information on your choices regarding your Information, see the section below called, “Your Choices Regarding Your Information.”
Remember, our Services allow you to connect with others and share information about yourself with other individuals. Your profile information, including your name, photo, location and other personal information, will be available publicly to other members of the Service by default and may be searchable by search engines which may display certain of your Information publicly. By using the Service, you consent to have your profile information and your location displayed to other members of the Service. Consider your own privacy and personal safety when logging in to our Service and sharing your Information with anyone. When/if you post Information publicly through the Websites (if applicable) it may be viewable by other users of these sites and we cannot prevent further use of the personal information by third parties.
We may also share your Information with:
We disclose your Information to third parties where we believe this is necessary to protect the rights, property or safety of any person. For example, we disclose Information relating to an online account if we in good faith believe the user of that account is using it in ways that are harmful to others (e.g. making inappropriate contact with minors).
Keeping your Information safe: Cloud9 cares about the security of your Information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. We use physical, technical, and procedural safeguards that comply with applicable legal standards to secure your Information from unauthorized access, use, alteration, and destruction. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Company, at all times. However, Company cannot ensure or warrant the security of any Information you transmit to Company or guarantee that Information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third-party sites and services that you add to the Company Service, such as social networks. Company is not responsible for the functionality or security measures of any third party.
Compromise of information: In the event that any Information under our control is compromised as a result of a breach of security, Company will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose Information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Commercial and marketing communications: We use the Information we collect or receive to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your Information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service related e-mails.
You control your account information and settings: You may update your account information and email-communication preferences at any time by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at email@example.com.
Online Advertising. We may permit third party online advertising networks to collect Information about your use of our website over time so that they may display ads that may be relevant to your interests on our Service as well as on other websites or apps. Typically, the Information collected for this purpose is collected through cookies or similar tracking technology. The only way to completely opt out of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, located at http://www.networkadvertising.org). Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/. Depending on your type of device or the third-party service, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Company or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at firstname.lastname@example.org.
How long we keep your Information and User Content: Following termination or deactivation of your account, Company may retain your Information and User Content for a commercially reasonable time for backup, archival, or audit purposes.
Company does not knowingly collect or solicit any Information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected Information from a child under age 13 without verification of parental consent, we will delete that Information as quickly as possible. If you believe that we might have any Information from or about a child under 13, please contact us at email@example.com.
Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share our customer’s personal information with unaffiliated third parties for their own direct marketing purposes, without their approval.
The California Consumer Privacy Act of 2018 (the “CCPA”) grants California residents the following rights with regard to the personal information we collect about you: (i) the right to know what personal information we have collected about you, and the purpose for which it was collected in the past twelve (12) months; (ii) the right to request that we delete any personal information we have collected from you (subject to certain exceptions, as outlined in the CCPA and CPRA); (iii) the right to opt-out of the sale of your personal information; and (iv) the right to non-discrimination for exercising your rights herein. For the avoidance of doubt, we do not sell your personal information, but if we did, California residents would have the right to opt out of the sale of your personal information, pursuant to the rights granted above.
The California Privacy Rights Act (the “CPRA”) amended and expanded the existing CCPA laws governing consumer privacy and data rights for California residents. CPRA grants special protection to California consumers’ data pertaining to government identifiers, financial account login information, precise geolocations, genetic data, biometric information, race, ethnicity, religious and/or philosophical beliefs, union memberships, content of non-public communications, and data relating to your sex life and/or sexual orientation (collectively, “Sensitive Personal Information”). In addition to the rights granted by the CCPA, the CPRA grants California residents the following rights regarding the personal information we collect: (i) the right to request that we limit our use and discloser of your Sensitive Personal Information; (ii) the right to correct any inaccurate personal information; and (iii) the right to opt-out of the sharing of your personal information with any third-party. Cloud9 does not currently meet any of the legal thresholds which would subject Cloud9 (and your personal information) to the CPRA; in the event Cloud9 does meet the applicable legal thresholds, Cloud9 shall comply with the CPRA, and your rights granted thereunder.
We shall not discriminate against you based upon the exercise of any of the above rights. If you are a California resident and wish to opt out of having your personal information shared with third parties, opt out of receiving information from Cloud9 about new products, services, or promotions, and/or exercise any other California privacy right, please contact us in accordance with the Contacting Us section above. We will be happy to honor your request.
Since January 1, 2015, California Business and Professions Code Section 22581 permits you, if you are a California resident under the age of 18, to view, correct, or delete Information provided by you or publicly posted by you. You may do this by please contacting us in accordance with the Contacting Us section above, and asking us to delete certain posted content.
We will be happy to review, update or remove Information and/or content as appropriate. Residual copies of Information and/or content that have been deleted may remain in our backup systems. We may still retain your Information to resolve disputes, enforce our user agreement, or comply with legal requirements; in this case, your personal information will be blocked from use for any other purpose.
In the United States of America, other states have passed privacy laws to protect the privacy and data of their residents. Notably, Colorado, Connecticut, Virginia, and Utah all grant protections to state residents concerning certain use of resident’s data. Cloud9 does not currently meet any of the legal thresholds which would subject Cloud9 (and your personal information) to the data protection laws in Colorado, Connecticut, Virginia, or Utah; in the event Cloud9 does meet the applicable legal thresholds, Cloud9 shall comply with the applicable data protections laws, and your rights granted thereunder.
We only process or transfer your Information where we can rely on legal grounds and appropriate safeguards to do so. Your Information may be transferred to and processed in the United States where many of our central databases operate or other countries where our vendors maintain facilities or business operations. You may have additional rights regarding your Information if you are located outside of the USA. At this time, Cloud9 does not meet the thresholds which would subject Cloud9 (and your data) to the General Data Processing Regulation (the “GDPR”); in the event Cloud9 does meet the applicable legal thresholds, Cloud9 shall comply with the GDPR, and your rights granted thereunder. If you have questions, please contact us using the contact details set out in the “Contact Us” section above.