Terms & Conditions
- “Agreement” means the applicable Naranga Hosting Services Agreement between Client and Naranga, together with any applicable SOWs entered into by the Parties pursuant thereto.
- “Client” means the Client Company identified in the Agreement.
- “Materials” means all content and other items included with or as part of the Services or Software such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, music, sounds, and software.
- “Naranga” or “Supplier” means Naranga, LLC.
- “Parties” means Naranga and Client, collectively. “Party” means either Naranga or Client, as the case may be.
- “Services” means any and all services to be provided by Naranga to the Client set forth in the Agreement.
- “Software” means the Naranga software applications identified in the Agreement.
- “SOW” means any Statement of Work, Service Order, or similar document, entered into by the Parties and incorporated into the Agreement, setting forth details of the provision of Services or Software by Naranga to Client
- “User” means an employee, contractor or agent of Client or its Affiliates who is a Client-authorized user of the Software.
- Client and Client’s Affiliates shall have the right to use the Software during the term of the Agreement, subject to any limitations set forth in the Agreement.
- Client is responsible for informing Naranga via e-mail if a User’s access to the Software should be terminated, for example due to termination of employment of that User.
- No User shall be a competitor of Naranga where a “competitor” means any resource or third-party that provides Software or consulting services substantially similar to the Services purchased hereunder.
- The Software may be accessed twenty-four (24) hours per day, seven days per week except for regularly scheduled downtime. Prior written notice via e-mail of scheduled downtime will be provided to the Client. In the event of unplanned Software unavailability, Naranga will make all commercially reasonable efforts to rapidly restore access to the Software once Naranga becomes aware of such unavailability. Naranga is not responsible for unavailability due to internet service provider failures or delays or circumstances beyond Naranga’s control such as acts of God, acts of government, floods, fires, earthquakes, civil unrest, and acts of terror. Naranga shall have the right to suspend Client access to the Software if any undisputed invoice is more than 30 days past due.
Invoicing and Payment.
Naranga shall invoice Client for the Software and Services according to the terms of the Agreement. In the absence of contrary terms set forth in the Agreement, Naranga shall invoice Client monthly, payable 30 days from the date of invoice.
In connection with the Agreement, each Party may have access to or be exposed to information of the other Party that is not generally known to the public, such as software, product plans, pricing, marketing and sales information, customer lists, “knowhow,” or trade secrets, which may be designated as confidential or which, under the circumstances surrounding disclosure, ought to be treated as confidential (collectively, “Confidential Information”). Confidential Information may not be shared with third-parties unless such disclosure is to the receiving Party’s personnel, including employees, agents, and subcontractors, on a “need-to-know” basis in connection with the Agreement, so long as such personnel have agreed in writing to treat such Confidential Information under terms at least as restrictive as those herein. Each Party agrees to take the necessary precautions to maintain the confidentiality of the other Party’s Confidential Information by using at least the same degree of care as such Party employs with respect to its own Confidential Information of a similar nature, but in no case less than a commercially reasonable standard of care to maintain confidentiality. The foregoing shall not apply to information that (1) was known by one Party prior to its receipt from the other or is or becomes public knowledge through no fault of the recipient; or (2) is rightfully received by the recipient from a third-party without a duty of confidentiality. If a recipient is required by a court or government agency to disclose Confidential Information, the recipient shall provide advance notice to the other Party before making such a disclosure. The obligations with respect to Confidential Information shall continue for two (2) years from the date of disclosure. Upon termination or expiration of the Agreement, each Party shall, at the request of the other Party, promptly return or destroy the requesting Party’s Confidential Information, and confirm such return or destruction in writing.
Licenses, Obligations, and Intellectual Property Rights.
- Subject to the terms and conditions of the Agreement, Naranga grants to Client and its Affiliates a nontransferable, nonexclusive, worldwide, revocable right to access and use the Software and to store and access Client’s Data on Naranga’s servers or hosted alternative for the term of the Agreement.
- Except as otherwise provided for in the Agreement, Client shall not allow any person or entity, other than Client’s employees or Affiliates, who is not a Party to the Agreement to access, view, or use the Software. Client may not sublicense, assign or transfer the Agreement except as set forth herein. Client may not use the Software for commercial time-sharing, rental, service bureau, or similar use. Client may not seek unauthorized access to the Software or to data of other clients that is not Client’s Data. Client agrees that the Software and Naranga’s methodologies (but not reports or other output resulting from Client’s access to and use of the Software) are Naranga’s confidential and proprietary property, and Client agrees not to share or demonstrate any of Naranga’s Software or Materials to unauthorized third parties without prior permission from Naranga.
- Client further agrees to (i) provide accurate and complete registration information for Users; (ii) maintain the confidentiality of any assigned access codes and to verify such information as Naranga may request; (iii) inform Naranga as soon as reasonably possible of the need to deactivate a User account, for example upon termination of a Client employee; (iv) be solely responsible for its use of the data and the results obtained from the Software; (v) be responsible for obtaining Internet connectivity necessary to connect to Naranga’s servers and ensure browser compatibility with Software specifications; (vi) be solely responsible for the acts and omissions of Client’s Users and for all use of Client’s account, with or without Client’s knowledge or consent; (vii) use the Software for lawful purposes only; (viii) not store or transmit data in violation of any federal or state laws or regulations; and (ix) not make any changes to the Software or directly modify Naranga data, information, or Software code in the application without pre-approval in writing from Naranga.
- Client grants Naranga the right to identify Client as a client of Naranga and to use Client’s name and/or logo in connection with Naranga’s marketing activities and/or press releases, provided, however, that Naranga shall not publicly release any detailed information concerning any specifics, including but not limited to cost, scope, or volume of Client’s spend, without the express written consent of Client.
- All right, title, and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in the Materials, including the methods by which the Services are performed and the processes that make up the Services, shall belong solely and exclusively to Naranga. Client shall have no rights whatsoever in any of the above, except as expressly granted in the Agreement. Client may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Materials, in whole or in part. Client shall not decompile, reverse engineer, or otherwise derive the source code underlying the Software. Client understands and agrees that “Naranga®” is a registered trademark of Naranga, LLC. The provisions of this paragraph shall survive the termination or expiration of the Agreement.
Default, Termination, Refunds.
- If Client fails to make a payment required by this Agreement or materially breaches any other material provision of this Agreement, and such failure or breach continues for ten (10) days after written notice thereof from Naranga, Naranga may (a) suspend the provision of any or all Software and/or Services hereunder, or (b) cancel this Agreement and terminate the provision of all Software and/or Services hereunder.
- Either Party may terminate the Agreement if the other Party materially defaults in performing any of its obligations under the Agreement and the default remains uncured for at least thirty (30) days following receipt of written notice from the non-defaulting Party (the “Cure Period”). Upon written notice from either Party, the Agreement shall also terminate upon any of the following events: (i) the institution of receivership or bankruptcy proceedings against or by a Party, which has not been dismissed within 60 days; (ii) the making of an assignment for the benefit of creditors by a Party; or (iii) the dissolution of a Party.
- Upon any such termination, all rights and obligations of the Parties under the Agreement will automatically terminate except for rights of action accruing prior to termination, payment obligations, and any obligations that expressly or by implication are intended to survive termination.
- If the Agreement is terminated by Naranga due to default on the part of Client, Client shall be obligated to pay Naranga any and all accrued and unpaid Annual Subscription Fees, expenses, and additional costs due and payable to Naranga as of the date of termination, plus 50% of the Annual Subscription Fees that would otherwise be due and payable for the period after the effective date of termination through the Term of the Agreement.
- If the Agreement is terminated by Client due to default on the part of Naranga, Client shall be obligated to pay Naranga all accrued and unpaid fees, expenses, and additional costs due and payable to Naranga as of the date of termination. Naranga shall refund any prepaid but unearned fees covering the period after the effective date of termination.
- Naranga may terminate this agreement for any reason at any time upon thirty (30) days’ written notice to Client
- Except in the event of termination by Client due to a default by Naranga or as otherwise provided for herein, any monies paid or due to be paid by Client pursuant to the Agreement shall be non-refundable. Notwithstanding any other provision of the Agreement, any setup fee paid under the Agreement shall be non-refundable for any reason.
Non-Solicitation of Employees.
During the term of the Agreement, and for a period of one (1) year after expiration or termination of the Agreement, neither Party will on its own behalf (or on behalf of any other person or entity) solicit, induce or encourage any employee of the other Party to the Agreement to leave such employment; however, the restrictions set forth in this section will apply only to current employees of the other Party with whom the soliciting Party had contact as part of the fulfillment of the Agreement at any time while the Agreement was in effect. Notwithstanding the foregoing, this section does not restrict the right of either Party to solicit or recruit generally in the media and does not prohibit either Party from hiring an employee of the other who answers any advertisement or who otherwise voluntarily applies for hire without having been initially personally solicited or recruited by the hiring Party.
Disclaimer of Warranties.
Except as expressly set forth in the Agreement, the Software and Services are provided on an ‘As Is’ and ‘As Available’ basis without warranties of any kind, either express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose. No advice or information given by Naranga shall create a warranty. Naranga does not warrant that its Services or the use of the Software will be uninterrupted or error-free. Naranga is not liable for inconvenience or unavailability due to Internet disruptions or other factors outside of Naranga’s control.
Limitation of Liability.
- Disclaimer of Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE PROVISION OF SERVICES OR LICENSING OF SOFTWARE HEREUNDER, REGARDLESS OF THE FORM OF ACTION OR WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Damages. THE LIABILITY OF EACH PARTY TO THE OTHER FOR DIRECT DAMAGES, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ALL EVENTS, ACTS OR OMISSIONS UNDER THE AGREEMENT, SHALL NOT EXCEED THE TOTAL AGGREGATE FEES PAID AND PAYABLE UNDER THE AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
- Exceptions. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL THE FOREGOING DISCLAIMERS AND LIMITATIONS SET FORTH IN DISCLAIMER OF DAMAGES AND LIMITATION OF DAMAGES APPLY TO (i) DAMAGES CAUSED BY A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (ii) A PARTY’S BREACH OF OBLIGATIONS CONTAINED IN THE LICENSES, OBLIGATIONS AND INTELLECTUAL PROPERTY RIGHTS, AND THE CONFIDENTIALITY SECTIONS OF THE AGREEMENT.
Each Party to the Agreement, on behalf of itself and its employees, partners, shareholders, members, managers, directors, officers, agents, representatives and subcontractors (collectively, the “Indemnifying Party”), will defend, indemnify, and hold harmless the other Party and its employees, partners, shareholders, members, managers, directors, officers, agents, representatives and subcontractors (collectively, the “Indemnified Party”), from and against any and all threatened or actual costs, claims, actions, losses, liabilities, or penalties (including settlements, defense costs, judgments, court costs, expert(s) fees, and reasonable attorneys’ fees) of any nature whatsoever, and whether arising prior to, or after the execution or termination of the Agreement (“Claim”), arising out of, related to or based on such Indemnifying Party’s: (a) negligent acts or omissions; (b) violation of applicable law; or (c) violation, infringement or misappropriation of Party’s or any third party’s intellectual property rights. Indemnifying Party agrees to hold harmless, indemnify and to defend, at its sole cost and expense, Indemnified Party in any action or proceeding arising out of any such Claim by counsel reasonably acceptable to Indemnified Party and to pay promptly all costs and expenses arising in connection with such defense including, attorneys’ fees and expert witnesses’ fees through all appeals. The Indemnifying Party may control the investigation, preparation, defense, and settlement of any Claim, but will not settle or otherwise resolve any Claim without the Indemnified Party’s prior written approval, not to be unreasonably withheld. The Indemnified Party will give Indemnifying Party prompt written notice of any Claim, provided that the Indemnified Party’s failure to provide prompt written notice shall not act as a waiver of Indemnifying Party’s obligations hereunder except to the extent it is materially prejudiced thereby.
Either Party may, at any time, assign, transfer or delegate the Agreement to an affiliate of such Party or to any successor of such Party; provided that such Party executes written contracts with all assignees, transferees, and delegates that contain protections for the other Party (including protections for such Party’s Confidential Information) at least as favorable to the other Party and no less restrictive and no less protective of the other Party’s rights than the provisions contained in the Agreement.
Subcontracting by Naranga.
Naranga may leverage third parties (hereinafter referred to as “subcontractors”), including but not limited to data hosting service providers, in connection with the provision of the Services. Naranga reserves the right, subject to any security requirements or other covenants set forth in the Agreement, to control the manner and location of storage of Client Data, within Naranga’s sole discretion, provided, however, that any such subcontractors shall meet or exceed Naranga’s security and quality standards. Naranga may change providers from time to time provided that the new subcontractors offer equal or better service and data security. Naranga will notify Clients of such a change.
- Modifications. Amendments or modifications to the Agreement must be made in writing and signed by both Parties.
- Force Majeure. Neither Party shall be liable for delays in performing their respective obligations to the extent such delay is caused by any unforeseeable conditions which are beyond the reasonable control of the delayed Party, such as: storms, floods, acts of God, acts of civil or military authorities, fires, epidemics, wars, or riots. If any of the foregoing conditions exist, Client or Naranga (as the case may be) shall be responsible for notifying the other Party of the cause and extent of any such condition and shall act diligently to resume performance at the earliest practicable time. If Naranga anticipates that it will be unable to perform, provide Services, or access to the Software beyond thirty (30) days, Client may, at its option, cancel the Agreement and be relieved from its respective obligations as of the date of cancellation provided and be entitled to a prorated refund of any fees paid under the Agreement.
- Independent Contractors. The Parties agree that each is an independent contractor. Nothing herein shall be construed to create an agency, partnership, franchisee, employment, or joint venture relationship between the Parties. Neither Party shall have the right to enter into any contract or agreement, in any way, on behalf of the other, or to make any representations or warranties as to the other Party’s products or services.
- Severability. If any provision is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The Parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
- Successors and Assigns. The Agreement shall inure to the benefit of, and be binding upon, the heirs, and successors, permitted assigns, and personal and legal representatives of the parties hereto.
- Notices. Except where the Agreement expressly states that routine notices are permitted to be given via facsimile or e-mail, all notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given: (i) when delivered by hand in person; (ii) 3 days after mailed by first class registered or certified mail, postage prepaid; or (iii) one (1) day after deposit with a nationally recognized overnight delivery service.
- Choice of Law; Jurisdiction. The Agreement and all claims arising from the parties’ relationship will be governed by the laws of the State of Georgia, without regard to its conflict of laws rules. The parties designate the state and federal courts in Fulton County, Georgia as the sole forum for resolution of any disputes concerning the parties’ rights or obligations under the Agreement or otherwise arising as a result of their relationship. All remedies provided in the Agreement are cumulative and in addition to any remedy otherwise available under any federal, state, or local law.
- Legal Fees. In the event any legal action is necessary to enforce the terms of the Agreement, the prevailing Party, in addition to any other remedies to which it may be available, shall be entitled to recover attorney’s fees and costs.
- Survival. The following Sections shall survive the termination of the Agreement: Licenses, Obligations, and Intellectual Property Rights; Confidentiality; Non-Solicitation of Employees; Limitation of Liability, and General. In addition, any provisions in the Agreement, which set forth obligations that by their nature, should survive termination or expiration of the Agreement shall survive such termination or expiration.
- Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior proposals, agreements, negotiations, correspondence, and all other communications (whether written or oral) between the Parties, including any agreements with any affiliates of Client or any divisions of Client or of Client’s Affiliates with respect to the provision of any or part of the Services.
Updated: July 26, 2023
For a printable version of this Policy, please click here.
We reserve the right to modify or amend this Policy at any time and for any reason. Changes to this Policy shall be effective when posted to the Sites. In case of any material change to the Policy, we will notify you by providing prominent notice on the Sites or by using the contact information you have on file with us. You are responsible for reviewing this Policy each time you use or access the Sites. Your continued use of the Sites are an acknowledgment and consent to any terms contained in this Policy, as it may be amended from time to time.
By visiting our Sites, you acknowledge and agree that you have read this Policy and agree to the collection, use and other processing of your information in accordance with the practices described in this Policy. If you do not agree to all or any of the terms, conditions and practices set forth herein, do not access the Sites or any of its pages.
The Sites are intended for adult use only, and we do not knowingly collect any personal information from a minor. If you learn that a child has, in violation of this Policy, provided their personal information, please report it to us at firstname.lastname@example.org. In the event that we learn that a child has provided us with personal information, we will delete it.
PERSONAL INFORMATION WE COLLECT, USE, AND SHARE
We gather information about individuals when they submit comments, questions or requests for information to us on the Sites. We use information we receive to operate and improve the content of the Sites, and to provide the product(s), service(s) or information, or carry out the transaction(s) that you have requested or authorized. We may share parts of the information we gather on our Sites or otherwise maintain such information with our affiliates and service providers.
For purposes of this Policy, “personal information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, device, or household. Below, we describe how we will handle your personal information in accordance with this Policy and describe the information we may have collected in the past 12 months below, how it may be used, shared, and the sources.
- Identifiers, which may include name, address, online identifier or username, Internet Protocol address, or email address. These are sourced directly from you or indirectly from you (e.g., from observing your actions on the Sites). They are used to fulfill or meet the reason you provided the information, to contact you in relation to our Sites, to respond to an inquiry, for product and service improvement, to screen for potential risk or fraud, to provide the products and services that you have ordered or requested, to provide customer service, or marketing. For example, when you create an account, you provide your first and last name, email address, and other identifying information. We may disclose this information for business purposes to internet service providers, administrative service providers and payment processors.
- Personal information categories contained in customer records, which may include name, address, telephone number, bank account number, credit card number, debit card number, or any other payment and financial information. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, to contact you in relation to our Sites, to respond to an inquiry, to screen for potential risk or fraud, to provide the products and services that you have ordered or requested, to provide customer service, or marketing. For example, we need your payment information when you purchase products from us. We may disclose this information for business purposes to internet service providers, administrative service providers and payment processors.
- Characteristics of protected classifications, such as age or gender. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, marketing, or to provide relevant services. For example, we may use this information for targeted advertising. We disclose this information for business purposes to administrative service providers, data analytics providers, and third party service providers. Please see our COOKIES, OTHER TRACKING DEVICES AND TARGETED ADVERTISING section below for more information.
- Commercial information, which may include records of services purchased, obtained, considered, or other purchasing or consuming histories or tendencies. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, to contact you in relation to our Sites, to screen for potential risk or fraud, to respond to inquiries, to provide the products and services that you have ordered or requested, to provide customer service, or marketing. For example, we keep track of your purchases to create a purchase history. We may disclose this information for business purposes to internet service providers, administrative service providers and payment processors.
- Professional or employment-related information, such as employment history or professional certifications. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information or to process an employment application. For example, when you apply for a job with us, we ask for your relevant employment history. We disclose this information for business purposes to service providers, such as background check providers and human resource administrative service providers.
- Education information, such as level of education completed or academic performance. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information or to process an employment application. For example, when you apply for a job with us, we ask for your education information. We disclose this information for business purposes to service providers, such as background check providers and human resource administrative service providers.
- Internet, technical or other similar network activity, which may include usage and browsing history; IP address; device information, including device properties; search history; information on your interaction with our Sites; and error logs. We source this information directly or indirectly from you (e.g., from observing your actions on our Sites). We use this information to fulfill or meet the reason you provided the information, to screen for potential risk or fraud, or to improve our Sites. We disclose this information for business purposes to administrative service providers, data analytics providers, third party service providers, and internet service providers. Please see our COOKIES, OTHER TRACKING DEVICES AND TARGETED ADVERTISING section below for more information.
- Geolocation information. We get geolocation data directly from you, indirectly from you (e.g., if you allow location services), and/or from third parties like social media platforms. We use this to provide and improve the features, products and services you request; for registration, contests, promotions; to provide personalized content, information, and to send you brochures, coupons, samples, offers and other information on our products or those of our family of companies; when we perform our duty in contract with you; and/or to deliver relevant advertising. This information is shared for business purposes among affiliates of COMPANY, with administrative service providers, data analytics providers, and third party service providers.
- Biometric information. We collect biometric information, such as voice recordings. We get this information directly from you. We use this information, for example, when you call our support team; to provide and improve the features, products, and services you request; and/or when we perform our duty in contract with you. We may disclose this information for business purposes to administrative service providers.
- Inferences drawn from other personal information, which may include a profile reflecting a person’s preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We source this information directly or indirectly from you, (e.g., from observing your actions on our Sites). We use this information to fulfill or meet the reason you provided the information or for marketing. We do not disclose this information to third parties.
Your decision to provide any personal information is voluntary. However, please note that, if you do not provide certain personal information, we may not be able to accomplish some purposes outlined in this Policy and you may not be able to use or access certain services on our Sites.
We collect the following specific pieces of personal information:
- Personal contact details. This includes information like names, addresses, telephone numbers, or email addresses. For example, when you provide contact details during online registration, when doing business with us, or when providing purchasing products from us. Some Sites allow you to establish a username and password to set up an account.
- Information about your transactions with us. For example, your purchase history, and billing and shipping information, and other information about your use of our products or services.
- Payment information. This includes information from your credit or debit card, online payment account, or other payment options.
- Unique customer and commercial information. For example, usernames and other login credentials.
- Demographic information. For example, data such as age, gender, hobby or activities, taste or preferences.
- Data for agreements with customers or vendors. This includes the assessment and acceptance of a customer or vendor. For example, we collect credit status or information publicly available on sanctions or watch lists.
- Information collected from our Sites and social media pages. This includes information collected when you interact with us. For example, comments, photos, or other information that you post through blogs, message boards, or social networking.
- Device information. For example, Internet Protocol (IP) address, device identifier, device’s operating system, browser type, websites visited before or after you visit our website, pages viewed and activities at our website, as well as interaction with advertisements.
- Device Authentication/Fraud Detection. We, or a third party acting on our behalf and at our direction, may collect information about your device to authenticate your device and to protect you and us against fraud. Specifically, we may collect your Device ID, GPS logs (which includes information about your location and movement) and device info logs (which includes information about your device’s operating system, model, brand, MAC address).
- Third-party service and advertising partners may also collect information automatically.
- Other information we have collected from you with your consent.
COOKIES, OTHER TRACKING DEVICES AND TARGETED ADVERTISING
A cookie is a small piece of data sent from the Sites and stored in a user’s web browser while the user is browsing Sites (“Cookie”). Every time the user loads Sites, the browser sends the Cookie back to the server to notify the Sites of the user’s previous activity. Web beacons (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses (“Web beacons”). We also utilize pixels in connection with our email communications and in connection with the Sites. Our Sites’ web server automatically collects and we may use your Cookies, Web beacons, pixels and other similar tracking technologies (collectively “Tracking Technologies”) to collect information as you browse our Sites. We use Tracking Technologies, web server log files and tracking code, and information we receive through the use of these Tracking Technologies to analyze trends, administer the Sites, track users’ movement, and gather broad demographic information for aggregate use. Information of this type may be combined with other sources of information for these purposes. Certain pages of the Sites, and promotional email messages, or newsletters we send, may contain Tracking Technologies that allow us to count users who have visited those pages and to determine whether messages have been opened and acted upon.
Some of these Tracking Technologies may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Tracking Technologies may be used by these service providers to place a persistent Cookie on your computer. Doing this allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views. The use of Tracking Technologies by third party service providers is within their control and not ours. We do not control their Sites or their policies and practices regarding your information and you should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements or promotions and other sites you encounter on the Internet. This Policy does not cover any use of information that a third-party service provider may directly collect from you and we do not undertake to confirm, investigate, or police their practices. For example, we work with the below:
https://policies.google.com/technologies/partner-sites. Instructions on opting out of Google Analytics using a specific plug-in is available at the following link: https://tools.google.com/dlpage/gaoptout. Note that this opt-out is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.
Facebook Analytics. We also use Facebook Analytics to measure your use of our Sites, tailor our Sites to your interests, and improve our products and services. Please note, Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found at facebook.com/about/privacy/. Please click here if you would like to withdraw your consent.
The practice of collecting these Tracking Technologies is a standard practice on the Internet. If you do not want us to collect your Cookies, you can set your browsers or third-party software to reject Cookies. If you reject the Cookie, you may be unable to use portions of our Sites that require registration, some pages of the Sites might not function properly, and the Sites experience will not be capable of being tailored to you from visit to visit. Also note that even if you opt-out of interest-based advertising, these Tracking Technologies may still collect data for other purposes including analytics and you will still see ads from us, but the ads will not be targeted based on behavioral information about you and may therefore be less relevant to you and your interests. Please consult your web browser’s Help documentation for more information about how to turn these Cookies on and off for your browser. The Network Advertising Initiative also offers a means to opt-out of a number of advertising Cookies. Please visit their website here to learn more and to opt-out, if desired. Additionally, the Digital Advertising Alliance provides an opt-out mobile app to control interest-based advertising on apps on your mobile device, available on the Apple Store, Google Play, and Amazon’s Appstore.
By visiting our Sites, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities through use of these Tracking Technologies and that we may use Tracking Technologies in the emails we send you. You will not be subjected to a decision based solely on automated processing, including profiling.
PURPOSE OF DATA COLLECTION
We use your personal information in a variety of ways, including as disclosed at the time you provide such personal information through promotions or a rewards or other program, or by setting up an account through one of our Sites.
Specifically, we may use your personal information for the following business purposes:
- Providing Support and Products: Including to provide our products, including our websites, applications and online services; to communicate with you about your access to and use of our products and services; to respond to your inquiries; to provide troubleshooting, fulfill your orders and requests, process your payments and provide technical support; and for other customer service and support purposes.
- Providing the features, products and services you request. We may use the personal information we collect to fulfil your requests for, and enable your use of, our features, products and services. This includes payment processing for purchases, subscriptions or sales; to protect against or identify possible fraudulent transactions; processing COMPANY product orders, registrations for rewards or other programs; contacting you; improving our Sites, our products and services; tailoring your experience on our Sites; for internal business purposes; and to otherwise maintain and administer our Sites and our business.
- Analyzing and Improving Products and Operations. We may use this information to better understand how users access and use our products and services; to evaluate and improve our products, services and business operations; to develop new products and services; to conduct surveys and other evaluations (such as customer satisfaction surveys); and for other research and analytical purposes.
- Personalizing Content and Experiences. We use personal information to tailor content we send or display on our websites and other products and to otherwise personalize your experiences.
- Securing and Protecting Our Business. Including to protect and secure our business operations, assets, products, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct.
- Corporate Governance and Internal Operations: Including our general business, accounting, record keeping and legal functions; legal compliance; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business.
- Advertising, Marketing and Promotional Purposes: Including to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to send you newsletters, offers or other information we think may interest you; to contact you about our products or information we think may interest you; and to administer promotions and contests. Where required by law, we ask visitors providing email addresses to tell us if they would like more information or updates from us, such as information about products and services available from our family of companies. We also offer visitors an “opt-out” option if they wish to stop receiving information from us. Sometimes you may be asked to “opt-in” before we contact you in certain ways or before certain services become available.
- Complying with Legal Obligations: Including to comply with the law, our legal obligations and legal process, such as warrants, subpoenas, court orders, and regulatory or law enforcement requests.
- Defending our Legal Rights: Including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties
- Providing the features, products and services you request. We may use the personal information we collect to fulfil your requests for, and enable your use of, our features, products and services. This includes payment processing for purchases, subscriptions or sales, to protect against or identify possible fraudulent transactions, processing COMPANY product orders, processing registrations for rewards or other programs, contacting you, improving our Sites, our services, and for internal business purposes, tailoring your experience on our Sites, and to otherwise maintain and administer our Sites.
- Registration, contests and promotions. We may use your personal information to enter you in contests, sweepstakes and other promotions if you choose to enter; to notify you of results and to register you for certain features, products and services in line with your marketing preferences.
- When we perform our duty in a contract with you. We may use your personal information when you work as a service provider or apply for a job with us, as needed. If you are a consumer or a user of our services, we will use your personal information to fulfil our duty in our agreement with you.
- To assess and accept customers or vendors. This includes verifying the identity and credit status of some customers or vendors, conducting due diligence, and screening against publicly available government and/or sanctions lists and other third-party data sources, the use of and participation in COMPANY’s incident registers and sector warning systems and/or third party verification services. Collecting this personal information may involve a credit reference agency or other third party.
- To improve the features, products and services that we offer through the Sites. We may use personal information to improve our product offerings, services, as well as our Sites and features.
- For certain automated decision-making activities. We may use the personal information we collect for online advertising, and / or making a personality profile for you. Details of the personal information we collect, how it is used, and how you may opt out of any automated decision-making is explained above.
We may share your information with our family of companies, subsidiaries, affiliates, or other third parties to perform functions or services on our behalf, to jointly offer products and services, to fulfill product orders placed on our Sites, to process orders, and to facilitate rewards and other programs.
We may share your personal information for purposes consistent with this Policy and as set forth below:
- With vendors or agents: We may share your personal information with companies we have hired to provide services for us. When we share personal information with companies to provide services for us, they are required to agree to protect the personal information and keep it confidential unless you otherwise consent. As an example, we use service providers to send emails and e-messages on our behalf and access your account to redeem earned rewards.
- Within our family of COMPANY brands and with our Affiliates. We may share personal information among the COMPANY brands and businesses, as appropriate. Further, from time to time, we may send your information to our affiliates, including without limitation, Edible Brands LLC, Netsolace, LLC, Berry Direct, LLC, Edible Brands Ukraine, LLC, and Broad Peak Technologies (SMC-Pvt) Limited or, if for example, we believe that they may have information about opportunities that may be of interest to you.
- Protection of Site and Others. We may preserve and have the right to disclose any information about you or your use of the Sites without your prior permission if we have a good faith belief that such action is necessary to: (i) protect and defend our rights, property or safety or that or those of our affiliates, other users of the Sites, or the public; (ii) enforce the Terms for the Sites and Programs; or (iii) respond to claims that any content violates the rights of third parties. We may also disclose information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
We will share aggregated demographic information with our family of companies, affiliates, subsidiaries, and other third parties. This type of information is not linked to any personal information that can identify any individual person.
We rely upon the following lawful bases for processing personal information:
- To protect your vital interests. We may, for example, process personal information for health and safety reasons if you are at a COMPANY facility or in the event of a recall.
- At your direction and with your consent.
- For scientific research purposes.
- For other legitimate business purposes. We may also rely on our legitimate interest to improve business and marketing practices. This includes but is not limited to legal compliance, research and analysis, data linkage and combining, and other purposes described above. When we rely on our legitimate interest, we’ll carry out a legitimate interest assessment to ensure we consider and balance any potential impact to your rights under applicable data protection laws before we carry out any data processing. We won’t use your personal information for activities where our interests are overridden by the impact on you, unless we have your consent or are otherwise required or permitted to by law.
CONSENT TO INTERNATIONAL TRANSFER
If you are visiting our Sites and provide us with personal information, we may transfer that personal information to our affiliates and subsidiaries or to other third parties, in accordance with local law. We may also transfer your personal information across borders (including to the United States whose data protection law may not be the same as in your country of residence), from your country or jurisdiction to other countries or jurisdictions in accordance with legal requirements. You acknowledge you understand that by providing your personal information to us, your personal information (i) will be used for the uses identified in accordance with this Policy, and (ii) may be transferred as indicated above, in accordance with applicable law. By using the Sites, participating in any of the services, and/or providing us with this information, you acknowledge this transfer, which may not offer the same level of data protection as the country where you reside, in accordance with the terms of this Policy and you do not require separate notification of each such transfer that occurs.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. At this time, global standard DNT technology is not yet finalized and not all browsers support DNT. We therefore do not recognize DNT signals and do not respond to them.
We will retain your information for as long as needed to provide you products and services and to comply with our accounting and legal obligations, resolve disputes, and enforce our agreements. Your personal information will be destroyed or permanently deleted as required by applicable law.
While no data transmission over the Internet is 100% secure from intrusion, we have reasonable and appropriate security measures in place to attempt to protect against the loss, misuse, and alteration of your personal information under our control. We have taken reasonable steps to confirm the information is retained in secured facilities and that reasonable measures have been implemented for protection from unauthorized access. However, no security system is impenetrable. We cannot guarantee the security of our Sites or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask that you do your part by maintaining any usernames and passwords you use to access the Internet or the Sites strictly confidential. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Sites. We may post a notice via our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing and we will notify you as required by applicable law. We will also notify relevant government authorities, as required by applicable law.
WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME AND PASSWORD! If you receive such email communication, please forward it immediately to email@example.com and then immediately delete the fraudulent email from your computer.
YOUR INFORMATION AND OPTING-OUT
If you do not wish to receive periodic mailings or emails, text messages, or telephone contact concerning our Sites, our products and services, upcoming events, or your rewards membership, you may opt-out of receiving such marketing or promotional communications by sending us a written request to the address listed below or by following the opt-out or unsubscribe instructions in the email or text you receive from us. In addition, you may deactivate your memberships, registrations or accounts by following the instructions provided in any applicable terms and conditions or by contacting us. When you opt out of marketing or cancel any account or registration, note that we reserve the right to contact you regarding your orders, technical support and any other matter that might affect our service to you, and/or your use of the Sites, as applicable.
YOUR CALIFORNIA PRIVACY RIGHTS
California law (“CCPA”) grants California residents rights with regard to their personal information. Our personal information collection, use and sharing practices are detailed in the PERSONAL INFORMATION WE COLLECT, USE, AND SHARE section above and throughout this Policy. Rights provided to you in connection with your personal information are as follows:
- Right to Opt-out of Sale of Personal Information: While you have the right to opt-out of the sale of your personal information if a company sells your personal information, COMPANY does not sell personal information, including personal information from California residents who we know are younger than 16 years old, as we understand that term to be defined by the CCPA and its implementing regulations.
- Verifiable Request to Delete: California residents have the right to request deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies.
- Verifiable Request to Know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this information delivered free of charge, either (a) by mail or (b) if we hold the information in electronic format, electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the: categories of personal information collected; categories of sources of personal information; business and/or commercial purposes for collecting and selling their personal information; categories of third parties with whom we have disclosed or shared their personal information; categories of personal information that we have disclosed or shared with a third party for a business purpose; and categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party. California residents may make Requests to Know up to twice every 12 months.
Submitting Requests: Requests to Know and Requests to Delete may be submitted by emailing us at firstname.lastname@example.org, or by contacting us at 1-877 363-7848 (toll free). Whenever feasible for verification, we will match the identifying information provided by you to the personal information already maintained by us. If, however, we cannot verify your identify from the information already maintained by us, we may request additional information. You may designate an authorized agent to make a request on your behalf. Such authorized agent must have permission to submit requests on your behalf. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf. We will respond to verifiable requests received from California consumers as required by law.
Right to Non-Discrimination and Financial Incentives. We offer various financial incentives (“Program”). The terms of the Program will be presented to you at the time you sign up. California residents may also subsequently opt-out of the Program by emailing us at email@example.com and asking for us to cancel your participation in the Program. These financial incentives are reasonably related to the value of the data you provide.
The CCPA prohibits unreasonable adverse treatment (called “discrimination”) of California residents for exercising their rights under the CCPA.
ACCESS TO, AMENDMENT, AND DEACTIVATION OF INFORMATION
Depending on your residence, you may have rights available to you regarding your personal information. We respond to any rights request in accordance with applicable legal requirements. You may have the right to access, review, correct, update, object to processing or deactivate the personal information that we maintain about you, including any member or account information, or ask for a list of service providers handling your personal information, at any time by sending a written request to the postal or email address set out below, or following the instructions in any promotional email you receive from us. We may take a reasonable period of time to respond consistent with the timelines provided for in applicable law to which you are subject. If you request the deactivation or change of information on our system, such information may be retained in our backup systems for a period of time subject to technology restrictions, or as a precaution against systems failures. Some information may be retained for longer periods as required by law, contract or auditing requirements.
THIRD-PARTY LINKS AND USE OF SOCIAL MEDIA
We sometimes use third party social media content we obtain from Twitter, Instagram, Pinterest, Facebook on our Sites and our social media platforms. The privacy practices of these third-party social media sites are not part of our Policy and may differ from the privacy protections described in this Policy. Consequently, you should review the privacy policies of these third-party sites before using it and ensure that you understand how your content maybe used. You can adjust your privacy settings on your accounts with these third-party sites to match your preferences.
If you upload content related to our COMPANY products on third party social media sites, that share information with the general public, user community, and/or a third-party social media site it may be used or shared by us on our Sites or our social media platforms to promote our COMPANY products and services.
If you have any questions regarding this Policy, or want to have any personal information removed, please contact the Privacy Office at:
Edible Arrangements, LLC
Attn: Legal Department – Privacy
980 Hammond Drive, Suite 1000
Atlanta, GA 30328 USA