1. HOW WE COLLECT AND USE INFORMATION
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:
Information you provide us directly: We ask for certain information such as your username, first and last name, birthdate, phone number, address and 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.
Information we may receive from third parties: We may receive information about you from third parties. 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 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 account 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 information 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.
We 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 — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. 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, 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.
2. SHARING OF YOUR 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.
We may also share your personal information with:
- Other companies owned by or under common ownership as Company, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;
- Third party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving targeted advertisements, content or service fulfillment, or providing analytics services;
- Third parties who we think may offer you products or services you may enjoy;
- Third parties who you expressly grant us permission to share your personal information with;
- The public and other members of the Service at your request. Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. To change your privacy settings on the Service, please change your profile setting;
- Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and
Please note that an advertiser may ask Company to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, Company determines the target audience and Company serves the advertising to that audience and only provides anonymous aggregated data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.
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).
3. HOW WE STORE AND PROTECT YOUR INFORMATION
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.
4. YOUR CHOICES ABOUT YOUR INFORMATION
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). Depending on your type of device, 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.
5. “DO NOT TRACK”
6. CHILDREN’S PRIVACY
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.
7. CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users of our Services 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 users’ personal information with unaffiliated third parties for their own direct marketing purposes, without the user’s approval.
If at any time you wish to opt out of having your personal information shared with third parties and/or receiving information from us (via e-mail or postal mail) about new products, services, or promotions, please contact us in accordance with the “Contact Us” section below. We will be happy to honor your request.
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 personal information provided by you or publicly posted by you. You may do this by contacting us in accordance with the Contact Us section below, and asking us to delete certain posted content.
We will be happy to review, update or remove personal information (and/or other personal information, as appropriate). Residual copies of personal 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.
8. USERS OUTSIDE THE USA
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. If you have questions, please contact us using the contact details set out in the “Contact Us” section above.
As set out in more detail below, we only process or transfer your personal information where we can rely on legal grounds and appropriate safeguards to do so. You also have additional rights regarding your personal information if you are located in the EEA.
9. LINKS TO OTHER WEB SITES AND SERVICES
10. HOW TO CONTACT US
11. GOVERNING LAW & DISPUTES