TERMS AND CONDITIONS
The Products specified hereunder are subject to these Master Terms and Conditions, and any product-specific Supplemental Terms and Conditions set forth on an attached Appendix and/or on the applicable Order Form, if any. These Master Terms and Conditions, together with the Service Agreement Form and any applicable Supplemental Terms and Conditions (collectively, the “Agreement”), set forth the terms under which the Products are being licensed or otherwise made available to Dealer and/or Installer. By Accepting the Agreement, the individual signing up represents that he or she is authorized by Dealer and/or Installer to sign up and is agreeing to be bound by this Agreement, both individually and on behalf of Dealer and/or Installer. Please read this Agreement (including any Supplemental Terms and Conditions) carefully prior to Accepting, using or accessing any Product.
“Accept” or “Accepting“ or “Acceptance“ means using or accessing any Product, or signing the Order Form or clicking the “submit”, “order”, “agree” or other similar acknowledgement to purchase or subscribe to any Product.
“Affiliate“ means a joint venturer or business entity that, directly or indirectly, controls, is controlled by, or is under common control with, another business entity. For purposes of this definition only, the term “control“ means legal, beneficial, or equitable ownership, directly or indirectly, of a business entity.
“Affiliate Materials“ means data or other materials made available by Provider’s Affiliates, which may include vehicle description information, valuation and pricing data, vehicle sales data and other related materials being licensed or sublicensed by such Affiliates.
“Authorized Users“ means Dealer and/or Installer Personnel that have been issued a username, password or other log-in credentials to access the Product(s) in accordance with this Agreement.
“Confidential Information“ means non-public information that the Disclosing Party provides to the Receiving Party during the Term that is identified in writing at the time of disclosure as confidential or that the Receiving Party knows or reasonably should know is considered confidential by the Disclosing Party given the nature of the information disclosed and the circumstances of such disclosure.
“Consumer Data“ means any personally identifiable information (as defined under the Gramm-Leach-Bliley Act) or any similar personal data or consumer information that is subject to special treatment under any federal or state consumer protection Law.
“Dealer“ means an automobile dealership in the United States or Canada that sells and services motor vehicles under an agreement with a vehicle manufacturer.
“Installer” means an automobile service center in the United States or Canada that services motor vehicles not under agreement with a vehicle manufacturer.
“Dealer Data“ means any data or information that Dealer or any Authorized User may upload, store, maintain or transmit through any Product.
“Installer Data” means any data or information that Dealer or any Authorized User may upload, store, maintain or transmit through any Product.
“Dealer DMS Data“ means data or information stored or maintained in Dealer’s DMS, including, vehicle inventory data, vehicle specifications and descriptions, photographs, Vehicle Identification Numbers (VINs), valuation and pricing information and any other data or information relating to Dealer’s business.
“Dealer Location“ means the specific physical Dealer location(s) identified on the applicable Repair Order Form.
“Dealer Personnel“ means all officers and employees of Dealer.
“Disclosing Party“ means the party that provides Confidential Information to the Receiving Party during the Term.
“DMS“ means a dealer management system, which is an enterprise management information system offered specifically for automotive industry car dealerships.
“Feedback“ means any information, suggestions, ideas, enhancement requests, recommendations, comments and other feedback that Dealer or any Authorized User may disclose, transmit or offer to Provider or its Affiliates with respect to any Product or Generated Content, or with respect to any underlying technology or Intellectual Property comprising any
of the foregoing.
“Fees“ means, collectively, all fees due and payable from Dealer and or Installer to Provider, including Subscription Fees, Setup Fees, and Miscellaneous Fees.
“Force Majeure Event“ means a circumstance whereby a party’s delay in performing its obligations hereunder is due to causes beyond such party’s reasonable control, including fire, flood, earthquake or acts of God, acts of war, acts of a public enemy, labor disruptions affecting employers generally, acts of a nation or any state, territory, or other political division, terrorism, riots, civil disorders, epidemics, pandemics, theft, quarantine restrictions, internet or other service disruptions involving hardware, software or power systems not within such party’s reasonable control (including denial of service attacks or unauthorized network intrusions).
“Generated Content“ means data, information, content or other materials that may be generated by or through Products.
“Initial Term“ means the initial Subscription period specified on the applicable Order Form.
“Intellectual Property“ means anything that is or could be protected by the intellectual property laws of the United States or of any other country, including laws relating to patents, copyrights, trademarks, service marks, trade names, domain names and trade secrets; and “Intellectual Property Rights“ means any patents, copyrights, trademarks, service marks, trade names, domain name rights and trade secret rights, internationally.
“JAMS“ means the organization formerly known as Judicial Arbitration and Mediation Services, Inc., which provides alternative dispute resolution services; information regarding JAMS is available at the following URL: http://www.jamsadr.com; and “JAMS Streamlined Rules“ means the JAMS Streamlined Arbitration Rules and Procedures, then-current versions of which are available at the following URL: http://www.jamsadr.com/rules-streamlined-arbitration.
“Laws“ means all applicable federal, state, provincial, and local laws, regulations, rules, ordinances and other decrees of any governmental authority.
“Miscellaneous Fees“ means any fees, charges or other amounts associated with the Products, Online Platforms or any Generated Content, other than Setup Fees and Subscription Fees.
“Order Form“ means, as applicable, either: (a) a Provider-approved ordering document that is executed by a Dealer and/or Installer and transmitted by such Dealer to Provider, and/or (b) the purchase or subscription confirmation page displayed on the applicable Provider website upon Dealer’s completion Provider’s online checkout process.
“Online Platform“ means a Provider SaaS Product hereunder.
“Personal Information“ means information that may be used to identify or locate a natural person, including, but not limited to, the following: (a) first and last name, physical address, telephone number or driver’s license number; or (b) any other information that has the capacity to identify or locate a specific person.
“Privacy Laws“ means all applicable privacy Laws and information security Laws as they exist and are amended from time to time of any state in the United States, and any province in Canada, relating to: (i) data privacy, security, integrity, confidentiality, communications, use, collection, processing and storage, and (ii) spamming and other unsolicited communications, including, as applicable, the U.S. Gramm-Leach-Bliley Act of 1999 (e.g., 16 C.F.R. Part 313 (Privacy Rule) and 16 C.F.R. Part 314 (Safeguards Rule)), and the U.S. Telephone Consumer Protection Act of 1991 (TCPA), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), and Canada’s Anti-Spam Legislation (CASL).
“Product“ means a software product or service identified on an Order Form used to purchase or subscribe to such product or services, the Product Content and the Product Data, and “Products” refers, collectively, to all of the software products and services that may be identified on an Order Form hereunder.
“Product Content“ shall mean the software, object code, images, graphics, icons, logos, text (including without limitation tutorials, user manuals, help files and other documentation), structured text (including without limitation CSS, XML and HTML data) and multimedia data contained in or made available through the Product.
“Provider“ means Service Write, Inc., a North Carolina corporation doing business as ShyftAuto, or one of its Affiliates, as specified on the applicable Order Form.
“Provider Marks“ means any name, logo, trademark or service mark of Provider or its Affiliates.
“Renewal Term“ means each renewal of a Subscription following the applicable Initial Term, with the period of such Subscription renewal being monthly unless specified otherwise in the applicable Order Form.
“SaaS“ means internet-based multi-tenant software-as-a-service offerings comprised of application software and associated data with access to and use of such offerings being available solely on a subscription basis.
“Set-up Fees“ mean any one-time set-up, installation, implementation or similar fees associated with configuration and deployment of a Product pursuant to an Order Form.
“Subscription“ means the right to access and use a Product during the Term.
“Subscription Fees“ mean the recurring subscription fees for the Products to which Dealer is subscribed pursuant to an Order Form.
“Supplemental Terms and Conditions“ means any special product-specific terms and conditions set forth on the attached Appendices, or such additional terms and conditions as may be agreed upon by the Parties and set forth on the applicable Order Form.
“Term“ means the Initial Term and any Renewal Term(s) of a Subscription under this Agreement and the applicable Order Form.
“Third Party“ means any person or entity that is neither a party nor an Affiliate of a party.
2. Product Orders. Upon Dealer’s Acceptance of an Order Form, the applicable Subscription(s) to the Product(s) identified on such Order Form will commence. Dealer acknowledges and agrees that (i) Order Forms may be executed via Provider’s established electronic processes (e.g., digital signature), and (ii) any such Provider-established process for Acceptance of Order Forms will be deemed effective to constitute the valid signature of Dealer. Unless set-up and installation of the Product(s) is specifically provided for on the applicable Order Form, the Products will be made available to Dealer and its Authorized Users through either an Online Platform, or an application or software program installed by Dealer onto its system(s). Dealer will be solely responsible for any software, hardware, connection, and other equipment that may be necessary in order for Dealer and its Authorized Users to install, access and/or use any Product. The Products are intended only to facilitate the management and operation of certain aspects of Dealer’s automotive business at the Dealer Location(s)..
3. Authorized Dealer Location(s). Subject to Dealer’s compliance with this Agreement, including payment of all Fees, Provider will provide and make available to Dealer and its Authorized Users the Product(s) identified on any Order Form.
4. License to Product(s). Provider grants to Dealer and its Authorized Users a limited, non-exclusive, non-sublicensable and non-transferable right and license to use and access the Product(s) to which Dealer is subscribed.
5. Authorized User(s). Provider will issue to Authorized Users designated by Dealer a username, password and any other log-in credentials necessary to access the Products (except in the case of Products that allow a Dealer “admin” or other user to directly issue such log-in credentials to Authorized Users). Authorized Users may be required to Accept certain Terms of Service. Any username, password or other log-in credentials issued by Provider or Dealer to any Authorized User for purposes of accessing any Product or Online Platform is confidential and may not be shared with any Third Party.
6. Restrictions. Neither Dealer nor any Authorized User shall: (a) use or access any Product or use or publish any Generated Content in a manner not expressly authorized under Section 4; (b) except as otherwise permitted in the Appendices, if any, offer, sell, rent, lease, sublicense, transfer, distribute or provide access to or otherwise make available to any Third Party any Product or Generated Content or any documentation or other information relating thereto; (c) reproduce, modify, translate, reverse engineer, decompile or disassemble or otherwise attempt to discover the source code of any Product, Product Content, and/or Product Data (including source code provided by any Third Party Licensor), or develop or create any derivative works of or relating to any Product or any underlying technology or intellectual property comprising any Product or Online Platform; (d) scrape or data-mine any Product, Online Platform or any other website of Provider or its Affiliates (including through the use of any robot, spider or other automated device); (e) publish, transfer, license, distribute or export any Generated Content or other data from any Product or Online Platform (f) violate any Law or any Intellectual Property Rights or other rights of any third party.
7. Dealer Data. Dealer is solely responsible for the accuracy and content of any Dealer Data. Except as provided for in an Appendices, if any, the Products and Online Platforms are not intended to store, maintain or transmit any personally identifiable information (as defined under the Graham-Leach-Bliley Act) or any similar Consumer Data, and neither Dealer nor any Authorized User or other Dealer Personnel may upload, store or maintain any Malicious Code on or within any Product or Online Platform, or otherwise transmit any Consumer Data through any Product or Online Platform.
8. Proprietary Rights. Except for the rights expressly granted to Dealer and its Authorized Users under Section 4, neither Dealer nor any Authorized User shall have any right, title or interest in or to any Product(s) or any underlying technology or Intellectual Property comprising any Product(s), and nothing in this Agreement or in any Order Form shall effect a transfer of any Intellectual Property Rights or any other ownership right from Provider, its Affiliates, or any Third Party Licensor, on the one hand, to Dealer or any Authorized User or any other Third Party, on the other hand. Dealer acknowledges that no rights or licenses are being granted to Dealer or any Authorized User with respect to any Provider Marks, and Dealer shall obtain the written consent of Provider prior to any use or display of any Provider Mark by Dealer or any Authorized User. Provider and any Third Party Licensors, as the case may be, shall retain all Intellectual Property Rights and all ownership rights in and to the Products, the Online Platforms
and all Provider Marks.
9. DMS Integration. To the extent any Product is designed for integration with Dealer’s DMS, Dealer expressly authorizes and grants permission to Provider and its Affiliates to access such DMS through any interconnect, bridge or other device or method for the purpose of accessing, polling, copying, extracting, writing, modifying and downloading Dealer DMS Data. Provider and its Affiliates may use the Dealer DMS Data only in connection with developing or producing any Generated Content.. Dealer shall promptly notify Provider in writing in the event that Dealer identifies any errors or omissions with respect to any Dealer DMS Data. Provider may be required by law, rule or regulation to make the following disclosure: NOTICE TO NORTH CAROLINA DEALERS: THIS AGREEMENT RELATES TO THE TRANSFER AND ACCESSING OF CONFIDENTIAL INFORMATION AND CONSUMER RELATED DATA.
10. Fees and Payments. In exchange for the rights and licenses granted to Dealer in this Agreement, Dealer shall pay to Provider the Set-up Fees and Subscription Fees set forth in the applicable Order Form. If any “free period” is provided with respect to a Product, it shall be noted on the Order Form and, following expiration of the trial period, Fees shall be payable as provided in the Order Form. Any amounts invoiced to Dealer are due and payable in full within fifteen (15) days of the date set forth on the applicable invoice (unless otherwise set forth in the applicable Order Form).
12. Subscription Term. This Agreement shall continue in full force and effect at all times during which Dealer has a Subscription to any Product or Generated Content. Dealer’s subscription to the Products shall be for the Initial Term specified on the applicable Order Form. The Initial Term for any Product shall commence on the date set forth on the applicable Order Form, or, if no commencement date is set forth on the applicable Order Form, the date on which Dealer or any Authorized User is first provided access to such Product by Provider. Unless otherwise set forth on the applicable Order Form, Dealer’s Subscription to any Product shall automatically renew, on a month-to-month basis, at the end of the applicable Initial Term, with each such month constituting a Renewal Term, until such Subscription is terminated or cancelled by a party pursuant to Section 13.
13. Termination; Subscription Cancellation. At Provider’s election, this Agreement or any applicable Order Form may be immediately terminated by Provider: (i) upon any material breach by Dealer or any Authorized User or other Dealer Personnel of this Agreement or any Terms of Service which has not been cured within ten (10) days after notice of such breach is provided to Dealer; (ii) upon the filing of any bankruptcy, insolvency or other similar petition or filing by, on behalf of, or against Dealer or its parent company. Dealer acknowledges that Provider shall have the right at any time to cease offering any Product or Online Platform to Dealer, or to modify or change any Product or Online Platform or any feature or functionality thereof (including, without limitation, in any case where Provider believes that an Product or any feature or functionality thereof, or any Online Platform, may infringe or otherwise violate the Intellectual Property Rights of any Third Party, or any Law), in each case without notice to Dealer. Provider may also elect to cease doing business with Dealer may terminate or cancel its subscription to any Product as provided for in the applicable Order Form
or this Agreement.
14. Representations and Warranties. Dealer represents and warrants to Provider that (a) it is a corporation, limited liability company or other lawfully formed business entity that has been duly organized and that is validly existing and in good standing under the Laws of the state in which it was organized; (b) it has obtained and shall maintain the power and authority to enter into this Agreement and any Order Form and to undertake all obligations hereunder and thereunder, in each case without the consent of any other person or entity; (c) it is not a party to any contract or agreement or any litigation that would prohibit or restrict it from entering into this Agreement or any Order Form or otherwise performing any of its obligations hereunder or thereunder; (d) it and its Authorized Users will comply at all times with all Laws, including all Laws relating to privacy, unfair competition, deceptive trade practices, and advertising, and any consumer protection Laws (and it shall provide Provider with evidence of such compliance upon the request of Provider); (e) Dealer will maintain information security measures and data protection safeguards consistent with applicable Privacy Laws and designed to ensure reasonable protection of Consumer Data, to include protecting the security, integrity, privacy and confidentiality of such data. (f) use of and access to the Product(s) and any Generated Content by it and its Authorized Users and Dealer Personnel do not infringe or otherwise violate any Intellectual Property Rights or any other rights of any Third Party; (g) to the extent any Product is designed for integration with any DMS System, Dealer has all rights and licenses necessary to grant Provider and its Affiliates access to such DMS System and to provide the applicable Dealer DMS Data stored thereon to Provider and its Affiliates and any access, polling, copying, extraction and downloading of, modifying and exporting such Dealer DMS Data and any use thereof by Provider and its Affiliates as set forth in Section 9 does not and will not infringe or violate the Intellectual Property Rights and other contractual rights of any Third Party.
15. Indemnification. Dealer shall, at its expense, defend, indemnify and hold harmless Provider and its Affiliates, and its and their respective licensors and service providers (including any Third Party Licensor or other provider of Third Party Materials), and the officers, employees, representatives and agents of each of the foregoing (collectively, the “Provider Related Parties“), from and against any and all claims, judgments, losses, damages, demands, payments, fines, costs, expenses (including reasonable attorneys’ fees and court costs), liabilities and recoveries of any nature or description incurred by any Provider Related Party arising out of or related to a breach of any provision of this Agreement.
16. Confidential Information. Dealer agrees not to disclose or allow any Dealer Personnel to disclose, and not to use or allow to be used other than as set forth in this Agreement, any information or materials that are provided or otherwise disclosed by or on behalf of Provider or its Affiliates
17. Limitation of Liability. Dealer shall use the Product at its sole risk. Provider or its Affiliates disclaim all liability arising from or connected with the Product, services, or transport of any vehicle, including, without limitation, any damage or loss to a vehicle, personal property, or any other property. Provider or its Affiliates have no liability for any act, omission or decision. The Product and services are provided on an “as is” and “as available” basis. Provider or its Affiliates will not be liable for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, even if advised of the possibility of such damages. In no event will aggregate liability to any party or third party in any matter arising from, relating to or connected with the Product or services or these terms exceed the sum of the total aggregate amount paid by Dealer to Provider under this Agreement.
18. Remedies. Dealer acknowledges and agrees that the wrongful disclosure of any Provider Confidential Information or any unauthorized use of any Product, Online Platform or Generated Content may cause irreparable injury to Provider and its applicable Affiliates, and that remedies other than injunctive relief may be inadequate. Accordingly, Provider shall have the right to seek equitable and other injunctive relief to prevent any wrongful disclosure of any Confidential Information or any unauthorized use of any Product, Online Platform or Generated Content (in each case without the posting of any bond or similar security), as well as such damages and other relief to which Provider or its Affiliates may be entitled under this Agreement or pursuant to any Law.
19. DISCLAIMER. EXCEPT AS SET FORTH IN SECTION 14, NEITHER PROVIDER NOR ANY OF ITS AFFILIATES OR ITS LICENSORS, INCLUDING ANY THIRD PARTY LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY TO DEALER OR ANY OTHER PERSON WITH RESPECT TO ANY PRODUCT, ONLINE PLATFORM OR GENERATED CONTENT (OR ANY THIRD PARTY MATERIALS), EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF TITLE, SUITABILITY, LEGALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
20. ARBITRATION AND CLASS WAIVER.
a. DEALER AGREES TO ARBITRATE ANY DISPUTE OR CLAIM THAT IT MAY HAVE WITH PROVIDER THAT ARISES OUT OF OR RELATES IN ANY WAY TO THIS AGREEMENT OR ANY ORDER FORM OR DEALER’S USE OF OR ACCESS TO ANY PRODUCT, ONLINE PLATFORM OR GENERATED CONTENT.
b. ANY DISPUTE OR CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS SECTION 20 SHALL BE SUBMITTED TO BINDING ARBITRATION ADMINISTERED BY JAMS PURSUANT TO THE JAMS STREAMLINED RULES. THE DISPUTES AND CLAIMS SUBJECT TO ARBITRATION PURSUANT TO THIS SECTION 19 WILL BE RESOLVED BY A SINGLE ARBITRATOR SELECTED PURSUANT TO THE JAMS STREAMLINED RULES. THE ARBITRATOR SHALL BE BOUND BY AND SHALL STRICTLY ENFORCE THIS AGREEMENT AND ANY OTHER APPLICABLE AGREEMENT BETWEEN DEALER AND PROVIDER, AND MAY NOT LIMIT, EXPAND OR OTHERWISE MODIFY ANY OF THE PROVISIONS OF THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN DEALER AND PROVIDER. THE ARBITRATOR MAY AWARD ANY RELIEF THAT A COURT OF LAW COULD. EACH PARTY WILL BEAR ITS OWN EXPENSES IN THE ARBITRATION AND WILL SHARE EQUALLY THE COSTS OF THE ARBITRATION;
21. Force Majeure. Neither party shall be liable for any failure or delay in performing any obligation under this Agreement or any Order Form, except the requirement to pay Fees in accordance with the terms of this Agreement, to the extent such failure or delay is attributable to any act of God or other condition or event outside of its reasonable control.
22. Notices. All notices, demands and requests required or permitted to be given by Dealer under this Agreement or any Order Form shall be (a) in writing; (b) sent by commercial delivery service or certified mail, return receipt requested; (c) deemed to have been given on the date set forth in the records of the delivery service or on the return receipt; and (d) addressed to Provider at its address as set forth on the applicable Order Form (or, if no such address is provided, the main office address of Provider as set forth on its website).
Last updated: April 29, 2020
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.
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.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Service write, inc. , 1812 Bloomsbury rd.
· Application means the software program provided by the Company downloaded by You on any electronic device, named Shyftauto
· 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.
· Account means a unique account created for You to access our Service or parts of our Service.
· Website refers to Shyftauto, accessible from Https://ShyftAuto.com
· Service refers to the Application or the Website or both.
· Country refers to: North Carolina, United States
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.
· 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.
Personal Data is any information that relates to an identified or identifiable individual.
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.
· Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
· Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
· 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).
· 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.
· 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.
· 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.
· 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.
Types of Data Collected
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.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Information Collected while Using the Application
While using Our Application, in order to provide features of Our Application, We may collect, with your prior permission:
· Information regarding your location
· 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.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.
Targeting and Advertising Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies track your browsing habits to enable Us to show advertising which is more likely to be of interest to You. These Cookies use information about your browsing history to group You with other users who have similar interests. Based on that information, and with Our permission, third party advertisers can place Cookies to enable them to show adverts which We think will be relevant to your interests while You are on third party websites.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
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, to show advertisements to You to help support and maintain Our Service, to advertise on third party websites to You after You visited 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 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.
Retention of Your Personal Data
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.
Transfer of Your Personal Data
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.
Disclosure of Your Personal Data
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).
Other legal requirements
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
Security of Your Personal Data
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.
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 third-party Service providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Firebase is an analytics service provided by Google Inc.
We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We may use Service providers to show advertisements to You to help support and maintain Our Service.
Google AdSense DoubleClick Cookie
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/
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.
Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
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).
Apple Store In-App Payments
Your Rights under the CCPA
· 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.
Exercising Your CCPA Data Protection Rights
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.
Do Not Sell My Personal Information
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.
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.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
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 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.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third part
24. Miscellaneous. This Agreement and any Order Form shall be governed and construed in accordance with the internal Laws of the State of North Carolina, without regard for its conflict of Law principles. Any action to enforce any arbitration proceeding, and any other claim or dispute by Dealer that arises under or relates to this Agreement or any Order Form or the use of any Products or Online Platform and not otherwise subject to mandatory arbitration pursuant to Section 20, shall be filed exclusively in a state or federal court located in Pitt County, North Carolina. Dealer shall be responsible for and shall reimburse Provider for any legal fees and other costs incurred by or on behalf of Provider or its Affiliates in connection with any breach of this Agreement by Dealer or any Authorized User or other Dealer Personnel. This Agreement represents the entire agreement of the parties with respect to Dealer’s use of the Products and the other subject matter hereof, and supersedes all prior agreements and understandings between the parties with respect to such matters, whether oral or written. This Agreement is not intended to confer upon any Authorized User or other Dealer Personnel or any other person or entity (other than Dealer and Provider and its Affiliates) any rights or remedies hereunder.