Privacy
Policy
Last
updated: August 04, 2020
This
Privacy Policy describes Our policies and procedures
on the collection, use and disclosure of Your information when You use the
Service and tells You about Your privacy rights and how the law protects You.
We
use Your Personal data to provide and improve the Service. By using the
Service, You agree to the collection and use of information in accordance with
this Privacy Policy.
Interpretation and Definitions
The
words of which the initial letter is capitalized have meanings defined under
the following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
For
the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by
or is under common control with a party, where "control" means
ownership of 50% or more of the shares, equity interest or other securities
entitled to vote for election of directors or other managing authority.
Application means the software program provided by the
Company downloaded by You on any electronic device,
named CYCLED!
Business, for the purpose of the CCPA (California
Consumer Privacy Act), refers to the Company as the legal entity that collects
Consumers' personal information and determines the purposes and means of the
processing of Consumers' personal information, or on behalf of which such
information is collected and that alone, or jointly with others, determines the
purposes and means of the processing of consumers' personal information, that
does business in the State of California.
Company (referred to as either "the Company",
"We", "Us" or "Our" in this Agreement) refers to
CYCLED DC LLC, 6960 Maple Street NW.
For
the purpose of the GDPR, the Company is the Data Controller.
Consumer, for the purpose of the CCPA (California
Consumer Privacy Act), means a natural person who is a California resident. A
resident, as defined in the law, includes (1) every individual who is in the
USA for other than a temporary or transitory purpose, and (2) every individual
who is domiciled in the USA who is outside the USA for a temporary or
transitory purpose.
Country refers to: District Of Columbia, United States
Data Controller, for the purposes of the GDPR (General Data
Protection Regulation), refers to the Company as the legal person which alone
or jointly with others determines the purposes and means of the processing of
Personal Data.
Device means any device that can access the Service
such as a computer, a cellphone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US
regulatory authorities, in particular the U.S. Federal Trade Commission (FTC),
for the Internet industry to develop and implement a mechanism for allowing
internet users to control the tracking of their online activities across
websites.
Facebook Fan Page is a public profile named CYCLED! Studios
specifically created by the Company on the Facebook social network, accessible
from https://www.facebook.com/cycledstudios
Personal Data is any information that relates to an identified
or identifiable individual.
For
the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data,
online identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity.
For
the purposes of the CCPA, Personal Data means any information that identifies,
relates to, describes or is capable of being associated with, or could
reasonably be linked, directly or indirectly, with You.
Sale, for the purpose of the CCPA (California
Consumer Privacy Act), means selling, renting, releasing, disclosing,
disseminating, making available, transferring, or otherwise communicating
orally, in writing, or by electronic or other means, a Consumer's Personal
information to another business or a third party for monetary or other valuable
consideration.
Service refers to the Application.
Service Provider means any natural or legal person who processes
the data on behalf of the Company. It refers to third-party companies or
individuals employed by the Company to facilitate the Service, to provide the
Service on behalf of the Company, to perform services related to the Service or
to assist the Company in analyzing how the Service is used. For the purpose of
the GDPR, Service Providers are considered Data Processors.
Third-party Social Media Service refers to any website or any social network
website through which a User can log in or create an account to use the
Service.
Usage Data refers to data collected automatically, either
generated by the use of the Service or from the Service infrastructure itself
(for example, the duration of a page visit).
You means the individual accessing or using the
Service, or the company, or other legal entity on behalf of which such
individual is accessing or using the Service, as applicable.
Under GDPR
(General Data Protection Regulation), You can be
referred to as the Data Subject or as the User as you are the individual using
the Service.
Collecting and Using Your Personal Data
While
using Our Service, We may ask You to provide Us with
certain personally identifiable information that can be used to contact or
identify You. Personally identifiable information may include, but is not
limited to:
Email
address
First
name and last name
Phone
number
Address,
State, Province, ZIP/Postal code, City
Usage Data
Usage
Data is collected automatically when using the Service.
Usage
Data may include information such as Your Device's Internet Protocol address
(e.g. IP address), browser type, browser version, the pages of our Service that
You visit, the time and date of Your visit, the time
spent on those pages, unique device identifiers and other diagnostic data.
When
You access the Service by or through a mobile device, We may collect certain
information automatically, including, but not limited to, the type of mobile
device You use, Your mobile device unique ID, the IP address of Your mobile
device, Your mobile operating system, the type of mobile Internet browser You
use, unique device identifiers and other diagnostic data.
We
may also collect information that Your browser sends
whenever You visit our Service or when You access the Service by or through a
mobile device.
While
using Our Application, in order to provide features of Our Application, We may
collect, with your prior permission:
·
Pictures and other information from your Device's
camera and photo library
We
use this information to provide features of Our Service, to improve and
customize Our Service. The information may be uploaded to the Company's servers
and/or a Service Provider's server or it be simply stored on Your
device.
You
can enable or disable access to this information at any time, through Your
Device settings.
The
Company may use Personal Data for the following purposes:
·
To provide and maintain our Service, including to monitor the usage of our Service.
·
To manage Your
Account: to manage Your
registration as a user of the Service. The Personal Data You
provide can give You access to different functionalities of the Service that
are available to You as a registered user.
·
For the performance of a contract: the development, compliance and undertaking of
the purchase contract for the products, items or services You
have purchased or of any other contract with Us through the Service.
·
To contact You: To contact You by email, telephone calls, SMS,
or other equivalent forms of electronic communication, such as a mobile
application's push notifications regarding updates or informative
communications related to the functionalities, products or contracted services,
including the security updates, when necessary or reasonable for their
implementation.
·
To provide You with news, special offers and general
information about other goods, services and events which we offer that are
similar to those that you have already purchased or enquired about unless You
have opted not to receive such information.
·
To manage Your
requests: To attend and
manage Your requests to Us.
We
may share your personal information in the following situations:
·
With Service Providers: We may share Your
personal information with Service Providers to monitor and analyze the use of
our Service, for payment processing, to contact You.
·
For Business transfers: We may share or transfer Your personal
information in connection with, or during negotiations of, any merger, sale of
Company assets, financing, or acquisition of all or a portion of our business
to another company.
·
With Affiliates: We may share Your
information with Our affiliates, in which case we will require those affiliates
to honor this Privacy Policy. Affiliates include Our
parent company and any other subsidiaries, joint venture partners or other
companies that We control or that are under common control with Us.
·
With Business partners: We may share Your
information with Our business partners to offer You certain products, services or
promotions.
·
With other users: when You share personal
information or otherwise interact in the public areas with other users, such
information may be viewed by all users and may be publicly distributed outside.
If You interact with other users or register through a
Third-Party Social Media Service, Your contacts on the Third-Party Social Media
Service may see Your name, profile, pictures and description of Your activity.
Similarly, other users will be able to view descriptions of Your
activity, communicate with You and view Your profile.
The
Company will retain Your Personal Data only for as long as is necessary for the
purposes set out in this Privacy Policy. We will retain and use Your Personal
Data to the extent necessary to comply with our legal obligations (for example,
if we are required to retain your data to comply with applicable laws), resolve
disputes, and enforce our legal agreements and policies.
The
Company will also retain Usage Data for internal analysis purposes. Usage Data
is generally retained for a shorter period of time, except when this data is
used to strengthen the security or to improve the functionality of Our Service,
or We are legally obligated to retain this data for
longer time periods.
Your
information, including Personal Data, is processed at the Company's operating
offices and in any other places where the parties involved in the processing
are located. It means that this information may be transferred to — and
maintained on — computers located outside of Your state, province, country or
other governmental jurisdiction where the data protection laws may differ than
those from Your jurisdiction.
Your
consent to this Privacy Policy followed by Your
submission of such information represents Your agreement to that transfer.
The
Company will take all steps reasonably necessary to ensure that Your data is
treated securely and in accordance with this Privacy Policy and no transfer of
Your Personal Data will take place to an organization or a country unless there
are adequate controls in place including the security of Your data and other
personal information.
If
the Company is involved in a merger, acquisition or asset sale, Your Personal
Data may be transferred. We will provide notice before Your Personal Data is
transferred and becomes subject to a different Privacy Policy.
Under
certain circumstances, the Company may be required to disclose Your Personal
Data if required to do so by law or in response to valid requests by public
authorities (e.g. a court or a government agency).
The
Company may disclose Your Personal Data in the good faith belief that such
action is necessary to:
·
Comply with a legal obligation
·
Protect and defend the rights or property of the
Company
·
Prevent or investigate possible wrongdoing in
connection with the Service
·
Protect the personal safety of Users of the
Service or the public
·
Protect against legal liability
The
security of Your Personal Data is important to Us, but
remember that no method of transmission over the Internet, or method of
electronic storage is 100% secure. While We strive to
use commercially acceptable means to protect Your Personal Data, We cannot
guarantee its absolute security.
Detailed Information on the Processing of Your Personal
Data
Service
Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for
any other purpose.
We
may use Your Personal Data to contact You with
newsletters, marketing or promotional materials and other information that may
be of interest to You. You may opt-out of receiving any, or all, of these
communications from Us by following the unsubscribe
link or instructions provided in any email We send or by contacting Us.
We
may use Email Marketing Service Providers to manage and send emails to You.
We
may provide paid products and/or services within the Service. In that case, we
may use third-party services for payment processing (e.g. payment processors).
We
will not store or collect Your payment card details.
That information is provided directly to Our
third-party payment processors whose use of Your personal information is
governed by their Privacy Policy. These payment processors adhere to the
standards set by PCI-DSS as managed by the PCI Security Standards Council,
which is a joint effort of brands like Visa, Mastercard,
American Express and Discover. PCI-DSS requirements help ensure the secure
handling of payment information.
Apple Store In-App Payments
Their
Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/
Google Play In-App Payments
Their
Privacy Policy can be viewed at https://www.google.com/policies/privacy/
Stripe
Their Privacy
Policy can be viewed at https://stripe.com/us/privacy
GDPR Privacy
We
may process Personal Data under the following conditions:
·
Consent: You have given Your
consent for processing Personal Data for one or more specific purposes.
·
Performance of a contract: Provision of Personal Data is necessary for the
performance of an agreement with You and/or for any
pre-contractual obligations thereof.
·
Legal obligations: Processing Personal Data is necessary for
compliance with a legal obligation to which the Company is subject.
·
Vital interests: Processing Personal Data is necessary in order
to protect Your vital interests or of another natural
person.
·
Public interests: Processing Personal Data is related to a task
that is carried out in the public interest or in the exercise of official
authority vested in the Company.
·
Legitimate interests: Processing Personal Data is necessary for the
purposes of the legitimate interests pursued by the Company.
In
any case, the Company will gladly help to clarify the specific legal basis that
applies to the processing, and in particular whether the provision of Personal
Data is a statutory or contractual requirement, or a requirement necessary to
enter into a contract.
The
Company undertakes to respect the confidentiality of Your Personal Data and to
guarantee You can exercise Your rights.
You
have the right under this Privacy Policy, and by law if You
are within the EU, to:
·
Request access to Your Personal Data. The right to access, update or delete the
information We have on You. Whenever made possible,
you can access, update or request deletion of Your Personal Data directly
within Your account settings section. If you are
unable to perform these actions yourself, please contact Us
to assist You. This also enables You to receive a copy
of the Personal Data We hold about You.
·
Request correction of the Personal Data
that We hold about You. You have the right to to
have any incomplete or inaccurate information We hold
about You corrected.
·
Object to processing of Your Personal
Data. This right exists where We are relying on
a legitimate interest as the legal basis for Our processing and there is
something about Your particular situation, which makes You want to object to
our processing of Your Personal Data on this ground. You also have the right to
object where We are processing Your Personal Data for
direct marketing purposes.
·
Request erasure of Your Personal Data. You have the right to ask Us
to delete or remove Personal Data when there is no good reason for Us to
continue processing it.
·
Request the transfer of Your Personal
Data. We will provide to You,
or to a third-party You have chosen, Your Personal Data in a structured,
commonly used, machine-readable format. Please note that this right only
applies to automated information which You initially
provided consent for Us to use or where We used the information to perform a
contract with You.
·
Withdraw Your
consent. You have the
right to withdraw Your consent on using your Personal
Data. If You withdraw Your consent, We may not be able
to provide You with access to certain specific functionalities of the Service.
You
may exercise Your rights of access, rectification,
cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such
requests. If You make a request, We will try our best
to respond to You as soon as possible.
You
have the right to complain to a Data Protection Authority about Our collection
and use of Your Personal Data. For more information, if You
are in the European Economic Area (EEA), please contact Your local data
protection authority in the EEA.
Facebook Fan Page
The
Company is the Data Controller of Your Personal Data collected while using the
Service. As operator of the Facebook Fan Page https://www.facebook.com/cycledstudios, the Company and the operator of the social
network Facebook are Joint Controllers.
The
Company has entered into agreements with Facebook that define the terms for use
of the Facebook Fan Page, among other things. These terms are mostly based on
the Facebook Terms of Service: https://www.facebook.com/terms.php
Visit
the Facebook Privacy Policy https://www.facebook.com/policy.php for more information about how Facebook manages
Personal data or contact Facebook online, or by mail: Facebook, Inc. ATTN,
Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.
We
use the Facebook Insights function in connection with the operation of the
Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical data about Our
users.
For
this purpose, Facebook places a Cookie on the device of the user visiting Our
Facebook Fan Page. Each Cookie contains a unique identifier code and remains
active for a period of two years, except when it is deleted before the end of
this period.
Facebook
receives, records and processes the information stored in the Cookie,
especially when the user visits the Facebook services, services that are
provided by other members of the Facebook Fan Page and services by other
companies that use Facebook services.
For
more information on the privacy practices of Facebook, please visit Facebook
Privacy Policy here: https://www.facebook.com/full_data_use_policy
CCPA Privacy
Under
this Privacy Policy, and by law if You are a resident
of California, You have the following rights:
·
The right to notice. You must be properly notified which categories
of Personal Data are being collected and the purposes for which the Personal
Data is being used.
·
The right to access / the right to
request. The CCPA permits
You to request and obtain from the Company information regarding the disclosure
of Your Personal Data that has been collected in the past 12 months by the
Company or its subsidiaries to a third-party for the third party's direct
marketing purposes.
·
The right to say no to the sale of
Personal Data. You also have
the right to ask the Company not to sell Your Personal Data to third parties.
You can submit such a request by visiting our "Do Not Sell My Personal
Information" section or web page.
·
The right to know about Your Personal
Data. You have the right to request and obtain
from the Company information regarding the disclosure of the following:
·
The categories of Personal Data collected
·
The sources from which the Personal Data was
collected
·
The business or commercial purpose for collecting
or selling the Personal Data
·
Categories of third parties with whom We share Personal Data
·
The specific pieces of Personal Data we collected
about You
·
The right to delete Personal Data. You also have the right to request the deletion
of Your Personal Data that have been collected in the past 12 months.
·
The right not to be discriminated
against. You have the
right not to be discriminated against for exercising any of Your Consumer's
rights, including by:
·
Denying goods or services to You
·
Charging different prices or rates for goods or
services, including the use of discounts or other benefits or imposing
penalties
·
Providing a different level or quality of goods
or services to You
·
Suggesting that You will
receive a different price or rate for goods or services or a different level or
quality of goods or services.
In
order to exercise any of Your rights under the CCPA,
and if you are a California resident, You can email or call us or visit our
"Do Not Sell My Personal Information" section or web page.
The
Company will disclose and deliver the required information free of charge
within 45 days of receiving Your verifiable request.
The time period to provide the required information may be extended once by an
additional 45 days when reasonable necessary and with prior notice.
We
do not sell personal information. However, the Service Providers we partner
with (for example, our advertising partners) may use technology on the Service
that "sells" personal information as defined by the CCPA law.
If
you wish to opt out of the use of your personal information for interest-based
advertising purposes and these potential sales as defined under CCPA law, you
may do so by following the instructions below.
Please
note that any opt out is specific to the browser You
use. You may need to opt out on every browser that you use.
You
can opt out of receiving ads that are personalized as served by our Service
Providers by following our instructions presented on the Service:
·
From Our "Cookie Consent" notice banner
·
Or from Our "CCPA Opt-out" notice
banner
·
Or from Our "Do Not Sell My Personal
Information" notice banner
·
Or from Our "Do Not Sell My Personal
Information" link
The
opt out will place a cookie on Your computer that is
unique to the browser You use to opt out. If you change browsers or delete the
cookies saved by your browser, you will need to opt out again.
Your
mobile device may give you the ability to opt out of the use of information
about the apps you use in order to serve you ads that are targeted to your
interests:
·
"Opt out of Interest-Based Ads" or
"Opt out of Ads Personalization" on Android devices
·
"Limit Ad Tracking" on iOS devices
You
can also stop the collection of location information from Your
mobile device by changing the preferences on your mobile device.
"Do Not Track" Policy as Required by
California Online Privacy Protection Act (CalOPPA)
Our
Service does not respond to Do Not Track signals.
However,
some third party websites do keep track of Your
browsing activities. If You are visiting such
websites, You can set Your preferences in Your web browser to inform websites
that You do not want to be tracked. You can enable or disable DNT by visiting
the preferences or settings page of Your web browser.
Your California Privacy Rights
(California's Shine the Light law)
Under
California Civil Code Section 1798 (California's Shine
the Light law), California residents with an established business relationship
with us can request information once a year about sharing their Personal Data
with third parties for the third parties' direct marketing purposes.
If
you'd like to request more information under the California Shine the Light
law, and if you are a California resident, You can
contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California
Business and Professions Code Section 22581)
California
Business and Professions Code section 22581 allow California residents under
the age of 18 who are registered users of online sites, services or
applications to request and obtain removal of content or information they have
publicly posted.
To
request removal of such data, and if you are a California resident, You can contact Us using the contact information provided
below, and include the email address associated with Your account.
Be
aware that Your request does not guarantee complete or
comprehensive removal of content or information posted online and that the law
may not permit or require removal in certain circumstances.
Links to Other Websites
Our
Service may contain links to other websites that are not operated by Us. If You click on a third party
link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We
have no control over and assume no responsibility for the content, privacy
policies or practices of any third party sites or services.
Changes to this Privacy Policy
We
may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this
page.
We
will let You know via email and/or a prominent notice
on Our Service, prior to the change becoming effective and update the
"Last updated" date at the top of this Privacy Policy.
You
are advised to review this Privacy Policy periodically for any changes. Changes
to this Privacy Policy are effective when they are posted on this page.
Contact Us
If
you have any questions about this Privacy Policy, You can contact us:
·
By email: info@CYCLEDstudios.com