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DIGITAL AMBIANCE PRIVACY POLICY

Last modified: September 1, 2020

 

Introduction  

 

Digital Ambiance (“Company,” “our,” “we”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy is part of our Terms of Use available here

 

In this policy we describe the types of information we may collect from you or that you may provide when you use our website and/or mobile application (the “Platform”) and our practices for collecting, using, protecting, and disclosing that information.

 

This policy applies to information we, and not third parties, collect:

 

  • On the Platform; 
  • In email, text, and other electronic messages between you and the Platform; 
  • Through mobile and desktop resources you download from the Platform, which provide dedicated non-browser-based interaction between you and the Platform.
  • When you interact with our advertising and Platform on third-party applications and services, if those services or advertising include links to this policy.

 

It does not apply to information collected by:

 

  • Us offline or through any other means, including on any other website operated by Company or any third party; or 
  • Any third party including through any application or content (including advertising) that may link to or be accessible from or on the Platform.

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it, as you agree to this Privacy Policy by using the Platform. If you do not agree with our policies and practices, do not use the Platform. 

 

Children Under the Age of 13

 

The Platform is not intended for children under 13 years of age and you are not allowed to use the Platform or provide information on it if you are under 13 years of age. If we learn we have received personal information from or about a child under 13 without verification of parental consent, we will delete that information immediately. If you believe we might have any information from or about a child under 13, please contact us immediately at support@digitalambiance.com.

 

If you are based in the European Economic Area (“EEA”) you may only use the Platform if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of the Platform has been provided to us. 

 

Information We Collect And How We Collect It

 

We collect several types of information from and about users of the Platform, including:

 

  • by which you may be personally identified, such as name, phone number and e-mail address (“personal information”);
  • that is ascertained through our use of third-party applications, including but not limited to your user behavior and trends;
  • that you voluntarily enter, such as your name, your email address, your phone number, and your responses to interest-based survey questions; 
  • that is about you but individually does not identify you, such as the city where you live; 
  • Additional information that you voluntarily enter, such as company name and project details; and
  • Information about your internet connection, the equipment you use to access the Platform, and Platform usage details.

 

We collect this information: 

 

  • First, directly from you when you provide it to us, such as entering your information into a questionnaire provided to you on the Platform, signing up for an account, or posting on a message board on the Platform. 
  • Second, we collect generic information about your usage and equipment automatically as you navigate through the Platform, such as usage details, IP addresses, web browser preferences, and information collected through cookies and other tracking technologies. Although we do not correlate tracking information to individuals, some information collected, such as IP addresses, will be unique.

 

Do Not Track Settings

The Company does not track its customers over time and across third party websites to provide targeted advertising, and therefore does not respond to Do Not Track (DNT) signals. However, some third party websites track your browsing activities when you use their websites so that they can tailor their content to your preferences. If you are visiting such sites, your web browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

  

How We Use Your Information  

 

We use information that we collect about you or that you provide to us, including any personal information:

 

  • To develop, provide, and improve the Platform and its services to you.
  • To provide you with information, products, or services that you request from us.
  • To provide you with notices about your account and/or subscription, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Platform or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.

 

Sharing and Disclosure of Your Information to third parties  

 

Like many businesses, we contract with other companies to perform certain business-related services. We may disclose your information, including personal information in some cases, to certain types of third-party companies, but only to the extent needed to enable them to provide such services, including, without limitation, technical assistance, order fulfillment, customer service, marketing assistance, payment processing, survey collection, promotional and marketing assistance, and business operations. These other companies will have access to your information, including personal information in some cases, only as necessary to perform their functions and to the extent permitted by law.  

 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.  We may disclose personal information that we collect or you provide:

 

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Digital Ambiance’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Digital Ambiance about the Platform users is among the assets transferred.
  • To fulfill the purpose for which you provide it.  For example, we use Woocommerce to power our online store–you can read more about how Woocommerce uses your Personal Information here:  https://automattic.com/privacy/
  • In addition to Woocommerce we use the TaxJar plugin. This plugin uses your address to calculate the appropriate sales tax.
  • For any other purpose disclosed by us when you provide the information.
  • To third party contractors in order to analyze Platform performance and user behavior and/or to improve the Platform.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Digital Ambiance, our customers, or others.
  • In addition to those noted above, we use third-party analytics services (such as Google Analytics) to evaluate your use of the Platform, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Platform and mobile and Internet usage.  You may use the accompanying links to learn more about such providers and, if available, how to opt-out from their analytics collection.  For Google Analytics, please visit: https://www.google.com/analytics.  You can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.  These third parties use cookies and other technologies to help analyze and provide us the data.  By accessing and using the Platform, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Platform.  

Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to support@digitalambiance.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a registration, product service experience or other transactions.

 

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

 

Accessing and Correcting Your Information  

 

You can review and change your personal information by logging into the Platform and visiting your account profile page. You may also send us an email at support@digitalambiance.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Platform users. 

 

Your California Privacy Rights  

 

California Civil Code Section § 1798.83 permits users of the Platform 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 support@digitalambiance.com.

 

Transferring your information

 

The Company is a worldwide service. By using the Platform, you authorize us to transfer and store your information outside your home country, including in the United States, for the purposes described in this policy. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country. We take additional measures when information is transferred from the European Economic Area (EEA). This includes having standard clauses approved by the European Commission in our contracts with parties that receive information outside the EEA. We also rely on European Commission adequacy decisions about certain countries, as applicable, for data transfers to countries outside the EEA.

 

Data Security  

 

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access. For example, access by a user to his or her personal information is available through a password and unique customer ID selected by the user. This information is encrypted through the Platform with Secure Socket Layer technology (SSL) and is also encrypted when it is stored by us to prevent unauthorized parties from viewing such information. Also, we perform regular malware scanning of the Platform and all servers and computers used by us to support the Platform. All Company employees are required to adhere to our security and confidentiality procedures and undergo training related to maintaining the security of user personal information.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

 

EEA Users

 

You have options in relation to the information and data that we have about you.  To exercise any of the options discussed below, please contact us at support@digitalambiance.com.  If you’re an EEA user, you may:

 

  • Access the information we have about you. We’ll will make an effort to share this information with you within a reasonable time.
  • Have your information corrected or deleted. 
  • Object to us processing your information. You can ask us to stop using your information, including when we use your information to send you marketing emails or push notifications. We only send you marketing material if you’ve agreed to it, but if you’d rather we don’t, you can easily unsubscribe at any time by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you, or by emailing us at the email address above. 
  • Withdraw your consent for us to collect and process your personal information at any time.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  • Have the information you provided to us sent to another organization, where we hold this information with your consent or for the performance of a contract with you, where it’s technically feasible.
  • Complain to a regulator. If you’re based in the EEA and think that we haven’t complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commission in Ireland or with your local supervisory authority.

 

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. 

 

Legal Basis for Processing Personal Information

 

Our legal basis for collecting and using the personal information described in this Privacy Policy will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so.  We have a legitimate interest in operating our Platform and communicating with you as necessary to provide these Platform, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.

 

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). 

 

Third Party Links

 

The Platform may contain links that lead to other websites, and the Company is not responsible for the privacy practices, content, and/or activities of these linked websites. Nonetheless, we seek to protect the integrity of the Platform and welcome any feedback about these external websites. 

 

Changes to Our Privacy Policy  

 

We will post any changes we make to our privacy policy on this page and you will be notified of any material changes on the Platform home page and in an email to the most recent email address that you provided to us, if any. 

 

Contact Information  

 

To ask questions or comment about this Privacy Policy and our privacy practices, or make a complaint, contact us at support@digitalambiance.com.  You may also write to us at: 905 Parker Street, Berkeley, California, 94710.

 

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