Please read the following Terms carefully before using the Christina Donadi website and its subdomains, including but not limited to the http://www.christinadonadi.com website, as well as any online features and other services and/or products offered by Chrissy Donadi Photography LLC (collectively, “CDP”, “our”, “us” or “we”). By accessing or using our website and its subdomains (referred to herein as the “Website”), you indicate your unconditional acceptance of the following Terms on your own behalf and on behalf of any organization you represent (collectively, “you” or “your”). You should review these Terms regularly as they may change at any time at the sole discretion of CDP. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to products or services available through the CDP network via the Website and any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website.
We will make an effort to update this page with any changes to these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND US. FURTHER, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, (SEE “AGREEMENT TO ARBITRATE”).
- CONVENIENCE AND INFORMATION ONLY; SITE CONTENT. By merely providing access to the Website, CDP does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) CDP has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete.
- SITE USE AND CONTENT. You may use, view, copy or print the Content solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish the Content or any information derived from the Content without the express, prior, written consent of CDP. At any time, we may, without further notice, make changes to the Content or the Website, to these Terms and/or to the products or services described in these Terms.
- USER ACCOUNT; ORDER ACCEPTANCE AND CANCELLATION; PRICES AND PAYMENT TERMS; SHIPMENTS, DELIVER, TITLE AND RISK OF LOSS; GOODS NOT FOR RESALE; RETURNS AND REFUNDS.
- ONLINE ACCOUNT ACCESS. To purchase any product or services offered through the Website, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Website, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CDP has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, CDP reserves the right to delete your Account and refuse any future request(s) to use the CDP Website. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. CDP will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
- ORDER ACCEPTANCE AND CANCELLATION. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
- PRICES AND PAYMENT TERMS.
- All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept major credit cards and PayPal for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment method company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
- SHIPMENTS, DELIVERY, TITLE AND RISK OF LOSS.
- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- GOODS NOT FOR RESALE; NO OWNERSHIP OF COPYRIGHTS.
- You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- Notwithstanding your purchase of a photo print through the Website, all copyrights to photographs, including those for any reproduction or licensing, remain with CDP as set forth in Section 10 below. Purchased prints may not be used for publication, public display or reproduction, and the purchaser of a print may not grant publication, public display or reproduction licenses to others. CDP reserves any rights not expressly granted hereunder.
- RETURNS AND REFUNDS. Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must email firstname.lastname@example.org to obtain return approval. No returns of any type will be accepted without prior return approval and such approval shall be given in our sole discretion.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
- USER CONTENT.
- Submitted Content. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the Website. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Website. If you choose to provide information or User Content to use, register for or participate in a service, event, or promotion, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
- Ownership and Use of User Content. We do not claim ownership of any User Content. By submitting such User Content, however, You hereby grant us the right to (i) copy, store and use that User Content for the purpose of providing you with the products and services offered through the Website and (ii) modify the User Content to remove identifiers of you and any other individuals or companies, aggregate such information (“Aggregated Data”) and copy, store and use such Aggregated Data for the purpose of improving the CDP Website, products and services generally.
- User Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Website or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the submission and use of your User Content on or through the Website does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Website; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
- Required Disclosures. You acknowledge and agree that we may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms; and/or (d) protect the rights, property, or personal safety of us, our representatives and/or agents, our users or the public.
- USER CONDUCT. You understand and agree not to use the Website to:
- Post or upload images, content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
- To violate any laws or for any illegal purpose.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- Upload, post, email, transmit or otherwise make available any content, or initiate communications which include information, that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content, or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to: a) using the Website to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) using the Website to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Stalk or harass anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website.
- Post content in fields that are not intended for that content. Example: Putting an address in a name or title field.
- Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to Website.
- NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. CDP PROVIDES THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND CDP MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, ANY ELECTRONIC COMMUNICATION OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. CDP DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE, THE CONTENT AND/OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CDP SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE, THE CONTENT AND/OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
- You agree to defend, indemnify and hold CDP and its affiliates, subsidiaries, owners, directors, members, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by CDP, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
- THIRD PARTY DISCLAIMER. CDP is not responsible for any claims you may have against any suppliers of products or other persons, institutions or entities identified in whole or in part through the Website.
- LIMITATION OF LIABILITY. IN NO EVENT WILL CDP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, THE CONTENT AND/OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE CONTENT AND/OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE CONTENT AND/OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE CONTENT AND/OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE CONTENT AND/OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS CDP’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- THIRD PARTY CONTENT. CDP may provide hyperlinks to other web sites maintained by third parties, or CDP may provide third party content on the Website. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER CDP’s CONTROL AND CDP IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
- COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are CDP’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. CDP is the copyright owner or authorized licensee of all text and all graphics contained on the Website, including all Content (other than User Content, except to the extent provided for under these Terms). Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of CDP’s trademarks or service marks without CDP’s prior written permission. CDP aggressively enforces its intellectual property rights. Neither the name of CDP nor any of CDP’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without CDP’s prior written permission. If you believe that any Content on the Website violates any intellectual property right of yours, please contact CDP at the address, email address or telephone number set forth at the bottom of these Terms.
- LOCAL LAWS. CDP makes no representation that Content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from jurisdictions other than the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. CDP is not responsible for any violation of law. You may not use or export the Content or any products or services offered through the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Content shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, in accordance with the laws of the Commonwealth of Pennsylvania. The Website and the Content shall be deemed a passive website and service that does not give rise to personal jurisdiction over CDP, either specific or general, in jurisdictions other than the Commonwealth of Pennsylvania. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania, Carbon County. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
- AVAILABILITY. Information that CDP publishes on the Website may contain references or cross-references to products, programs or services of CDP that are not necessarily announced or available in your area. Such references do not mean that CDP will announce any of those products, programs or services in your area at any time in the future. You should contact CDP for information regarding the products, programs and services that may be available to you, if any.
- NON-TRANSFERABILITY OF USER ACCOUNT; ASSIGNMENT. User Accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her Account. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by CDP unless acknowledged by CDP in writing. CDP has no obligation to provide you with written acknowledgment. CDP may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
- TERMINATION OF SERVICE. We may terminate your Account or right to access secured portions of the Website at any time, without notice or liability, for any reason whatsoever including for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to CDP, to the business of the Website’s internet service provider, or to other information providers.
- CLASS ACTION WAIVER and ARBITRATION. You agree that any dispute arising out of the use of the Website, the Content or the products or services offered through the Website shall be brought only in your capacity as an individual, and no claims may be brought as a class. All disputes shall be submitted to binding arbitration in Carbon County, PA before a single neutral arbitrator as chosen by CDP. The arbitration and rules shall be according to the Commercial Arbitration rules of the American Arbitration Association (AAA). In no event shall the arbitrators award punitive damages, exemplary or consequential damages.
Your Consent To This Agreement
By accessing and using the Website, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website, the Content and/or any products or services offered through the Website. Your use of the Website, the Content and/or any products or services offered through the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments to:
Chrissy Donadi Photography LLC
Attn: Chrissy Donadi
EFFECTIVE AS OF: 01 January 2019
LAST UPDATED: 10 December 2020
Privacy and Information Security Policy
WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION?
If, upon visiting our Website, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information. However, we may request personal information from you at other times. For example:
- Other features of our website or our service may require registration and establishment of a user account, which involves provision of your name, email address, and a password.
- When you use certain features of our service, we collect a variety of other personal information from you. Although this information varies depending on how you use our service, it may include such information as your name, address, phone number, email address or credit card information.
- If you choose to participate in a customer survey conducted by us or by one of our business partners, we may ask for your name, e-mail address and other information as may be required by the particular survey.
- If you report a problem or submit a customer review, we will ask that you provide your name, e-mail address, address, phone number and/or account number. Should you contact us for any reason other than to report a problem and/or submit a review, we may also keep a record and/or copy of your correspondence with us.
HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION?
To protect the security and quality of your personal information, we have implemented procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when it is under our control. Your personal information is also password protected so that access is limited to yourself and those with whom you share your password, CDP, as well as third party access facilitated by CDP with your prior permission.
HOW DO WE USE YOUR INFORMATION?
Information you share with us will be used in a variety of ways that let us serve you better. We may also use this information to perform administrative, technical, hosting or other functions that help us manage our Website and deliver new functionality to you.
We use your information to: provide you with our services; facilitate and improve our services (including research and marketing purposes) and develop new services; and communicate with you (including administrative messages and promotional communications).
CDP may combine, in a non-identifiable format, the personal information you provide with information from other users to create aggregate data that may be disclosed to third parties for general public health or commercial purposes. Aggregate data does not contain any information that could be used to contact you or identify you.
HOW AND WHY WE SHARE YOUR PERSONAL AND OTHER INFORMATION
While it is fully within your rights to not share personal information, you may not be able to utilize some features of the Website or related services if you choose not to supply personal information.
CDP may use third-party service providers to help us manage and improve the Website and related services. These service providers may collect and/or use your personal or other information to assist us in achieving the purposes discussed above in the section entitled “How Do We Use Your Information?”
We may also share your personal information with other third parties when necessary to fulfill your requests for services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.
CDP reserves the right (and you authorize CDP) to share or disclose your personal information when CDP determines, in its sole discretion, that the disclosure of such information is necessary or appropriate.
We also may use or share your personal or non-personal information with third parties when we believe, in our sole discretion, that doing so is necessary:
(i) To comply with applicable law or a court order, subpoena, or other legal process;
(ii) To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
(iii) To establish, protect, or exercise our legal rights or defend against legal claims; or
(iv) To facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.
Finally, your personal information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other change of control, reorganization, bankruptcy, or asset sale. If we sell, merge or transfer any part of our business, part of the sale may include your personal information.
DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
No, as a general rule, we do not sell or rent your personally identifiable information to anyone. If and whenever we intend to share your personally identifiable information with a third party (other than as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.
HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
You may edit your personally identifiable information and your password at any time by sending an e-mail request to email@example.com.
DO YOU HAVE CHOICES ABOUT COOKIES?
Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our Web Site uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our Web Site and/or use our services.
WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
1. Information We Collect
Through your use of our Website, we collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, our Websites has collected the following categories of personal information from its consumers within the last twelve (12) months. Additionally, we have disclosed the following categories of information for a business purpose in the past twelve (12) months:
Disclosed for a business purpose
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||
|G. Geolocation data.||Physical location or movements.||
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||
|I. Professional or employment-related information.||Current or past job history or performance evaluations||
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records||
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes||
Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
CDP obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from information you submit on the Website during the process of using and paying for products or services.
- Indirectly from you. For example, from observing your actions on our Website.
- From third-party business partners such as social media sites, ad networks, and analytics providers.
2. Use of Personal Information
First and foremost, CDP does not sell and has not sold any Personal Information in the preceding twelve (12) months.
We may use or disclose the personal information we collect for one or more of the following business or marketing purposes:
- To create your account on our Website and let you log in to your account and use the Website services.
- To manage your account, provide you with customer support, and ensure you are receiving quality service.
- To contact you or provide you with information, alerts and suggestions that are related to our products or services.
- For billing-related purposes.
- To reach out to you, either ourselves or using the appropriate authorities, if we have a good reason to believe that you or any other person may be in danger or may be either the cause or the victim of a criminal act.
- To enable and facilitate our products and services.
- To supervise, administer and monitor our products and services.
- To measure and improve the quality, the effectiveness and the delivery of our products and services.
- To market the Website and our products and services to you.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- To provide, support, personalize, and develop our Website and our products and services.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Websites, third-party sites, and via email or text message (with your consent, where required by law).
CDP will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
3. Disclosure of Personal Information
CDP may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We may share the minimum necessary personal information with the following categories of third parties:
- Service providers that provide audit, legal, operational, technical or other services for us, such as:
- Customer service
- Technical maintenance
- Monitoring website activity
- Email management and communication
- Database management
- Billing and payment processing
- Reporting and analytics
- Marketing and advertising
- Service providers that provide audit, legal, operational, technical or other services for us, such as:
4. Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Request Access to Information
You have the right to request that CDP notify you of the personal information about you that we have collected and used. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting that personal information.
- The categories of third parties with whom we shared that personal information.
- The specific pieces of personal information we collected about you.
- If we disclosed your personal information for a business purpose and identifying the personal information categories that each category of recipient obtained.
Right to Request Deletion of Information
You have the right to request that CDP deletes any of your personal information that we collected about you and retained. Once we receive your request and verify who you are, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Your Rights
To exercise the rights listed above, please submit a request in writing to CDP via the contact information listed in the Contact Information section. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child.
You may only make a request for access twice within a 12-month period. Your request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a request does not require you to create an account with us. We will only use personal information provided in a request to verify your identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
For Requests to Access, our response will only cover the 12-month period preceding the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. We will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
6. Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
7. Changes to Our Privacy Notice
8. Contact Information
If you have any questions or comments about this Notice, the ways in which CDP collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: email@example.com