Version Date: January, 2022
If You have questions about deleting or correcting Your personal data please contact Us at firstname.lastname@example.org. If You make a request, please provide Us with Your full name, username (if applicable), and email address for Your Account.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AS WELL AS A CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT IMPACTS YOUR RIGHTS FOR DISPUTE RESOLUTION. PLEASE READ THESE SECTIONS CAREFULLY IF YOU LIVE IN THE UNITED STATES.
IF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, OR TERMS INCORPORATED BY REFERENCE, ARE UNACCEPTABLE TO YOU, DO NOT VISIT, ACCESS, USE OR PARTICIPATE IN THE GROUP, WEBSITE, PLATFORM OR ANY OF OUR SERVICES.
We do not allow the participation of minors in the Group, and screen people interested in the Group by age to ensure that no one under the age of 18 becomes a member. By participating in the Group, You certify that You are at least 18 years old.
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly solicit, collect, maintain, or distribute PII from anyone under the age of 18, unless or except as permitted by law. We will not knowingly link to any third-party website or platform that solicits or collects PII from minors. Any person providing PII through the Group is screened to ensure they are of the appropriate age, and thus represents to Us that he or she is 18 years of age or older. If We learn that PII has been collected from a participant under 18 years of age on or through the Group, then We will take the appropriate steps to cause this information to be promptly deleted. If You are the parent or legal guardian of a child under 18 who has become a member of the Group or has otherwise transferred PII to the Group, please contact the Company using Our contact information below to have that child’s Account terminated and information deleted.
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
Participants of the Group Generally
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person.
A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the participant and allows Group operators to check whether a participant has viewed a particular web page or an email. The Company may use Web Beacons in emails to know if/when participants have viewed emails. Web Beacons are not used to access participants’ PII. Web Beacons collect only a limited set of information, including time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying Your browser setting to notify You each time a Web Cookie is tendered, permitting You to accept or decline Web Cookies on an individual basis.
Aggregated and Non-Personally-Identifying Information
You agree that We may extract and use information You disclose for the purposes of aggregating data in a non-identifiable method. This aggregated data may be used to improve the Group or, without limitation, to develop, analyze, combine, or publish the aggregated data for commercial purposes.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
As defined above, PII is information that can be directly associated with a specific person. In order to serve You, the Company may collect a range of PII from and about Group participants, including you. We do not sell, trade, or otherwise transfer to outside parties Your PII, except for the absolutely necessary Company Disclosures described below.
Much of the PII collected by the Company about participants is information provided by participants themselves when (1) registering for Our services, (2) logging in with social network credentials, (3) participating in polls, contests, surveys or other features of Our services, or responding to offers or advertisements, (4) communicating with us, (5) creating a profile or (6) signing up to receive newsletters or other content. That information may include each participant’s name, address, email address and telephone number, and, if You transact business with us, financial information such as Your payment method (valid credit card number, type, expiration date, billing address, or other financial information). We also may request information about Your interests and activities, Your gender, age, date of birth, participant name, hometown and other demographic or relevant information as determined by the Company from time to time. Participants of the Group are under no obligation to provide the Company with PII of any kind, with the caveat that a participant’s refusal to do so may prevent the participant from using certain Group features.
In order to participate in the Group, You will need to set up an account with Us (an “Account”) and provide certain identifying information that will be linked to Your Account, including Your name, time zone, email address, and phone number. We encourage You to exercise caution and prudence before voluntarily disclosing any other types of PII about Yourself. We prohibit You from disclosing any PII about another person, whether or not they are an Account holder.
In order to protect Your privacy and create a community environment that encourages sharing, vulnerability, and openness, We prohibit Participants from recording, in any manner and under any circumstances, interactions with other Participants or with the Group.
BY REGISTERING WITH OR PARTICIPATING IN THE GROUP, YOU EXPRESSLY CONSENT TO THE USE AND DISCLOSURE OF YOUR PII AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.
The Company uses the PII in the file We maintain about You, and other information We obtain from Your current and past activities in the Group (1) to deliver the products and services that You have requested, including algorithmically pairing You with other Participants based on the information You provided; (2) to manage Your Account and provide You with customer support; (3) to develop content tailored to Your interests; (4) to resolve disputes and troubleshoot problems; (5) to measure consumer interest in Our services; (6) to inform You of updates; (7) to customize Your experience; (8) to promote products or services relevant to the Group; (9) to detect and protect Us against error, fraud and other criminal activity; (10) to enforce Our Community Guidelines; and (11) to do as otherwise described to You at the time of collection. At times, We may look across multiple participants to identify problems. In particular, We may examine Your PII to identify participants using multiple participant IDs or aliases. We may compare and review Your PII for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on the Group, enroll You in the discount, rebate, and other programs in which You elect to participate, to protect against or identify possible fraudulent transactions and otherwise as needed to manage Our business.
We may occasionally use Your name and email address to send You notifications regarding new content offered by the Group that We think You may find valuable. We may also send You service-related announcements from time to time through the general operation of the service. We will contact You via email to provide You with Your Improvement Partner(s) information and important information to help You succeed in the Group. Generally, You may opt out of promotional and/or informational emails by contacting Us at email@example.com or by clicking the “Unsubscribe” option present in some emails, but We reserve the right to send You (1) notices about Your Account, such as service announcements and administrative messages, (2) requests for brief input about Your satisfaction with the Group and with Your partner(s), (3) important Group announcements, and (4) direct requests for information and communication as needed to resolve any issues or complaints related to Your degree or manner of participation in the Group. We will NOT contact You by any means other than email UNLESS You consistently fail to respond in a timely manner to emails requiring a response, in which case We will attempt to contact You by other means. If You no longer desire to receive ANY communications from Us, please email Us at firstname.lastname@example.org to request complete termination of Your Account.
Feedback & Support
If You send Us a support request (via email or other feedback channels), We reserve the right to publish it (stripped of all PII) in order to help Us clarify or respond to Your request or to help Us support other users (e.g., create FAQs).
We may provide technical support to service Your Account. To do so, We may use certain PII to access Your Account for the purpose of troubleshooting, revising, running tests, and/or otherwise providing support. In the process, We may potentially see other PII viewable on Your Account pages. Any information We encounter in the process of providing support will be safeguarded with the same security and protection standards as all other personal information.
We take reasonable measures to protect against the unauthorized access, use, alteration, or destruction of potential PII. The Company discloses potential PII only on as needed (or required) as follows:
- By participating in the Group, You elect to be matched with other members of the Group, who will become Your “Improvement Partner(s)”. We will share Your contact information (email, phone number, and preferred communication method) and the other information You provide when You register for an Account with Your Improvement Partner(s) to whatever extent You do not expressly object during Your registration. At any time, You may email Us at email@example.com to update Your information sharing preferences. We will also share Your Improvement Partner(s) contact and other information with You.
- To Our employees or external contractors that: (a) need to know the information in order to process it on Our behalf or to service the Company or its assets; and (b) that have expressly agreed not to disclose it to others. Note: Some of those employees, and contractors may be located outside of Your home country; by participating in the Group, You consent to the transfer of such information to them.
- Third-Party Service Providers. We may share Your PII, which may include Your name and contact information (including email address) with Our authorized service providers that perform certain services on Our behalf. These services may include, but are not limited to, fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting the Group’s functionality and supporting contests, sweepstakes, surveys and other features offered through the Group. We may also share Your name, contact information and credit card information with Our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose. See Our “Third Party Service Provider Terms” below for more detailed information.
Changing Personally-Identifying Information; Account Termination
Additional Information for International Users
European Union Users
If You are a resident of the European Economic Area (EEA), You have certain data protection rights, which include the following in certain circumstances:
- Right to Access – You have the right to request copies of Your personal data from the Company. We will charge You a small fee for this service to cover Our costs associated with providing You the information, if permitted by law in Your location.
- Right to Rectification – You have the right to request that the Company correct any information You believe is inaccurate. You also have the right to request the Company to complete information You believe is incomplete.
- Right to Erasure – You have the right to request that the Company erase Your personal data, under certain circumstances.
- Right to Restrict Processing – You have the right to request that the Company restrict the processing of Your personal data, under certain circumstances.
- Right to Object to Processing – You have the right to object to the Company’s processing of Your personal data, under certain circumstances.
- Right to Data Portability – You have the right to request that the Company transfer the data that We have collected to another organization, or directly to You, under certain circumstances.
In order to service You as a member of this Group, the Company retains some of Your personal information on Google Drive and on employee personal computers for the duration of your time in the Group and some of Your information is stored indefinitely following the termination of your participation in the Group, unless You elect otherwise. Your personal financial information is stored with third parties (see below).
If You would like to exercise any of the above-listed rights, review Your personal data or would like Us to delete Your personal data, please eamil Us us
To prevent Us from storing Your data, to review Your stored data or to delete Your stored data, please include Your full name, username (if applicable) and email address for Your Account, and a statement that You do not want Us to store Your information or that You want to review Your information that We have stored. You may also specify what information You do not want Us to store, what information You want to review or what information You want Us to delete. Please allow up to four (4) weeks to process Your request from the date of receipt. If We cannot honor Your request within the four (4)-week period, We will tell You when We will be able to provide access. In the unlikely event that We cannot provide You access to Your information, We will provide an explanation as to why We cannot do so.
Please note that any changes You make will be reflected in Our active user database within a reasonable time; however We may retain information You submit for backups, archiving, prevention of fraud, to satisfy legal obligations, or other needs that would reasonably be considered legitimate reasons to do so.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits Our participants who are California residents to request and obtain from us, once a year and free of charge, information about the PII (if any) We disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of the PII that was shared and the names and addresses of all third parties with which We shared PII in the immediately preceding calendar year.
The Company does not sell Your personal information and will not do so in the future without providing You with notice and an opportunity to opt-out of such sale as required by law. We also do not offer financial incentives associated with Our collection, use, or disclosure of Your personal information.
In order to service You as a member of this Group, the Company retains some of Your personal information. Your personal financial information is stored with third parties. If You would like to review Your personal data or would like Us to delete Your personal data, please contact Us
To prevent Us from storing Your data, or to review Your stored data, or to delete Your stored data, please include Your full name, username (if applicable) and email address for Your Account, and statement that You do not want Us to store Your information or that You want to review Your information that We have stored. You may also specify what information You do not want Us to store or what information You want to review or what information You want Us to delete. Please allow up to four (4) weeks to process Your request from the date of receipt. If We cannot honor Your request within the four-week period, We will tell You when We will be able to provide access. In the unlikely event that We cannot provide You access to Your information, We will provide explanation as to why We cannot do so.
Please note that any changes You make will be reflected in Our active user database within a reasonable time, however We may retain information You submit for backups, archiving, prevention of fraud, to satisfy legal obligations, or other needs that would reasonably be considered legitimate reasons to do so.
NEVADA PRIVACY RIGHTS
Nevada Privacy of Information Collected on the Internet from Consumers Act (NPICICA) allows Nevada residents the option to opt-out of the sale of certain “covered information” that is collected by websites and online services. The Company does not sell covered information, as defined by the NPICICA.
However, if You would like to be notified if We decide in the future to sell personal information covered by NPICICA, please contact us at firstname.lastname@example.org and provide Your full name, the Company username (if applicable), and email address for Your Account. You are responsible for updating Your email address for this purpose and We are not obligated to cross-reference other email addresses You have provided for other purposes. We will contact You only at the email address provided under this section if Our plans change.
We take the security of Your PII seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view Your information. We are not responsible for third-party circumvention of any privacy settings or security measures.
We are dedicated to protect all information associated with the Group. You can help maintain the confidentiality of Your PII by always using a secure internet connection.
COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
Third Party Service Provider Terms
By participating in the Group, You agree to the privacy policies of these providers (provided below), which may change at any time.
Customer Management and Content Curation
We may use the following Providers for customer management and content sharing:
We may use the following Providers to provide aggregated and Non-Personally-Identifying Information about customer use of and traffic through Company hyperlinks, as well as customer interactions with emails from the Company and any hyperlinks included therein. This information may include (i) IP address and location (country and city); (ii) referring websites or services; (iii) time and date of each access; (iv) device settings, such as browser type, operating system, and language; (v) cookies and mobile advertising identifiers, (vi) information about sharing on Third Party Services such as Twitter and Facebook, and (vii) customer responses to emails (e.g., opened, forwarded):
We may use the following Providers to process payments:
BY PROVIDING YOUR FINANCIAL INFORMATION TO PAYPAL, YOU CONSENT TO AUTOMATIC PAYMENTS OF OUR CURRENT MEMBERSHIP FEE EVERY MONTH, 3 MONTHS, OR 6 MONTHS, WHICHEVER YOU SELECT. The subscription fee will be billed at the beginning of Your subscription or expiration of Your free trial period, if any, whichever is earlier, and on each periodic renewal date thereafter unless and until You cancel Your subscription or the account or service is otherwise suspended or discontinued pursuant to Our Community Guidelines. To see the commencement date for Your next renewal period, log into Your PayPal account and check your Subscriptions.
We reserve the right to change the terms of Your subscription, including price, from time to time, effective as of the beginning of Your next billing period following the date of the change. If We change the subscription fee or other charges for Your subscription, We will give You advance notice of these changes. However, We will not be able to notify You of changes in any applicable taxes.
The Company is not represented to be compliant under the Health Insurance Portability and Accountability Act (“HIPAA”) and You may not submit protected health information under HIPAA to the Company or the Group. You are solely responsible for not submitting medical, health, or other health-related sensitive information to the Group.
BINDING ARBITRATION OF CLAIMS
In the event there is an issue, We want to make the resolution process as quick and efficient as possible. You agree to first discuss the issue informally with Us for at least thirty (30) days. To do so, please send Your full name, username (if applicable) and email address associated with Your Account, Your concern, and Your proposed solution by email to email@example.com. If We would like to discuss an issue with You, We will contact You using the email address You provided in association with Your Account.
The Company shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the content and use or performance of the Group, or for any content, software, products and services made available or obtained through the Group, or its associated services or products, whether based on contract, tort, negligence, strict liability or otherwise.
Any services or content made available or obtained through the use of the Group and all other use of the Group is done at Your own discretion and risk and You will be solely responsible for any damages, including, but not limited to, Your computer system or loss of data that results therefrom.
Each party shall pay its own attorneys’ fees and costs arising out of the arbitration and shall pay an equal share of the fees and costs of the arbitrator and AAA (or the mutually agreed upon arbitration provider); however, the arbitrator may award the prevailing party reimbursement of its reasonable attorneys’ fees and costs and/or other fees and costs of the arbitrator.
The arbitrator shall issue a written award within fifteen (15) days after the conclusion of arbitration which describes the material factual findings and conclusions that the award is based upon, including the calculation of damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the award being issued. Judgment of the award may be entered by any court of competent jurisdiction.
BY AGREEING TO THIS BINDING ARBITRATION CLAUSE, YOU UNDERSTAND THAT YOU ARE WAIVING CERTAIN RIGHTS AND PROTECTIONS WHICH MAY BE AVAILABLE TO YOU IF A CLAIM OR DISPUTE WERE DETERMINED BY THE COURT SYSTEM, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SEEK OR OBTAIN CERTAIN TYPES OF DAMAGES WHICH ARE PRECLUDED BY THIS ARBITRATION PROVISION, THE RIGHT TO A JURY TRIAL, CERTAIN RIGHTS OF APPEAL, THE RIGHT TO BRING A CLAIM AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE RIGHT TO INVOKE FORMAL RULES OF PROCEDURE AND EVIDENCE.
Cortex Evolution, LLC
If You would like to report a complaint or if You feel that the Company has not addressed Your concerns, You may contact the Utah Consumer Protection Division at https://consumerprotection.utah.gov/.
Copyright 2022, Cortex Evolution, LLC. All rights reserved.