This Privacy Policy (“Privacy Policy” or “Policy”) explains how Roon Labs LLC, a New York limited liability company (“Company” , “We” , “Us” or “Our”) may gather, collect, record, hold, distribute, share, disclose, or otherwise use any information or data about any user (“User” or “You” or “Your”) of the Company’s website at https://roon.app (“Company Website”) or by any User’s use of the Company’s audio and music management software currently named “Roon” (the “Roon Software”) or any User’s use of any other apps, software, or services offered at any time by the Company. Hereinafter, the term “Company Program(s)” collectively means the Company Website, the Roon Software, and any other apps, software or services offered at any time by the Company.
BY CONTINUING TO USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM OFFERED BY THE COMPANY, OR BY CHECKING THE “I AGREE” BOX, EACH USER HEREBY AGREES TO BE BOUND, AND HEREBY CONSENT TO, ALL OF THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AS THEY ARE PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS PRIVACY POLICY WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, OR YOU DO NOT WISH YOUR PERSONAL INFORMATION TO BE USED PURSUANT TO THIS PRIVACY POLICY, THEN YOU SHOULD NOT USE ANY OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM, AND YOU SHOULD NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO THE COMPANY.
THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY, AND YOU SHOULD DOWNLOAD AND PRINT THIS PRIVACY POLICY FOR YOUR RECORDS.
INFORMED CONSENT BY EUROPEAN UNION (“EU”) DATA SUBJECTS UNDER THE EU’S GENERAL DATA PROTECTION REGULATION (“GDPR”).
THE GDPR PROVIDES EACH EU “DATA SUBJECT” (AS SUCH TERM IS DEFINED IN THE GDPR) WITH SPECIFIC RIGHTS, INCLUDING THE RIGHT TO RECEIVE SPECIFIC NOTICES, REGARDING THEIR “PERSONAL DATA” (AS SUCH TERM IS DEFINED IN THE GDPR). THIS PRIVACY POLICY HEREBY PROVIDES SUCH GDPR-REQUIRED NOTICES AND DISCLOSURES TO EACH USER THAT IS AN EU DATA SUBJECT AS FOLLOWS:
BY CHECKING THE "I AGREE" BOX, EACH USER THAT IS AN EU DATA SUBJECT (AS SUCH TERM IS DEFINED IN THE GDPR) HEREBY:
(1) ACKNOWLEDGES AND AGREES THAT THEY HAVE BEEN GIVEN A COPY OF THIS PRIVACY POLICY, HAVE HAD AN OPPORTUNITY TO READ THIS PRIVACY POLICY, AND FULLY UNDERSTAND ALL OF THE NOTICES AND DISCLOSURES PROVIDED IN THIS PRIVACY POLICY; AND
(2) PROVIDES THEIR INFORMED CONSENT TO, AND HEREBY AGREES TO ALL OF THE PROVISIONS OF, THIS PRIVACY POLICY, INCLUDING WITHOUT LIMITATION, CONSENTING AND AGREEING TO ALL OF THE WAYS THAT THEIR PERSONAL DATA (AS SUCH TERM IS DEFINED IN THE GDPR) WILL BE COLLECTED, USED, AND SHARED AS DISCLOSED IN THIS PRIVACY POLICY.
1. INFORMATION WE COLLECT.
During a User’s access or use of the Company Website or any other Company Program, the Company may, either directly or by using its Service Providers/Contractors (as defined below), gather, collect, record, hold, distribute, share, disclose, or otherwise use personal information or data about You that You provide to Us, as described in Section 1.1 below, that is automatically collected, as described in Section 1.2 below, or that is collected or received from other sources, as described in Section 1.3 below (hereinafter collectively referred to as the User’s “Personal Information”, subject, however, to Section 1.4 herein)
1.1 INFORMATION YOU PROVIDE TO US.
We collect Personal Information that You provide directly to Us, including, without limitation, any Personal Information You provide during Your use of the Company Website or any other Company Program. For example, We may collect Personal Information from You if You:
Provide Us with any data about You through the Company Website, by using any other Company Program, via telecommunications, or during other activities;
Seek, procure, license, request, or use any of the Company’s goods, products, or services, including, but not limited to, seek, procure, license, request or use the Company’s Roon Software, as such term is defined above (hereinafter collectively referred to as the Company’s “products/services”);
Create an account with Us or register with Us for any purpose, including without limitation setting up a user name and/or password) with Us for any purpose;
Seek any information about Your license, exchange, or return of any of the Company’s products/services.
Request any user support;
Request any return or refund of any of the Company’s products/services;
Request, subscribe to, or otherwise choose to receive any information from or about the Company, such as signing up for and receiving any newsletter, e-alert, blogs, or any other information about the Company, Our products/services, events, and/or business partners (collectively referred to as “Newsletters/Blogs”);
Choose to participate in any of the Company’s user surveys, user forums or other information gathering activities or events with Our Users (collectively referred to as “User Surveys”);
Choose to participate in or otherwise communicate with the Company via, any social media activities, offerings, or features which may be made available through Your use of any of the Company’s Programs;
Provide Us with any other information through any one or more of the Company Programs;
Communicate with any other representatives of Our Company; or
Otherwise communicate with Us in any other way.
In these instances, the following are the types of Personal Information that may be collected from You:
Your name;
Mailing address and/or billing address and/or shipping address;
E-mail address;
Phone (or mobile) number;
Date of birth and/or age;
Account name and/or account password;
Credit or debit card number, expiration date, security code, and/or other information about the same (if You make a payment either directly to Us or by using a third party payment provider that handles payments and will receive Your payment card information);
Information about Your bank or checking account (if You make a payment through Your bank transfer);
Other information You may provide when You seek, procure, or otherwise request any of the Company’s products/services, such as the Roon Software that may be licensed to You, Your product/service parameters or preferences, Your comments about the Roon Software or any of the Company’s other products/services, the date of Your procurement of any of the Company’s product/services, and/or any of Your payment information for Your procurement of any of the Company’s products/services;
Information You provide or otherwise used in the return or refund of any products/services, such as information about the transaction, products/services details, payment information, and the date and location/media of the transaction;
If You choose to subscribe, receive, or otherwise participate in any Newsletters/Blogs (as defined above in this Section 1.1), We may collect from You, in addition to the above described Personal Information, additional information from and/or about You, such as additional demographic information or other information You may provide as part of Your participation in any such Newsletter/Blogs.
If You choose to participate in any User Surveys (as defined above in this Section 1.1), We may collect from You, in addition to the above described Personal Information, additional information from and/or about You, such Your purchase history, habits, and/or preferences or other information You may provide as part of Your response or feedback to the User Surveys.
1.2 INFORMATION AUTOMATICALLY COLLECTED.
When a User accesses or otherwise uses the Company Website or any other Company Program, We may automatically collect certain Personal Information about You, including:
Device Information. We (or Our Service Providers/Contractors as defined below) may collect information about the computer, tablet, phone, or other device You use to access any of the Company Programs, including the Internet Protocol address, hardware models, operating system and version, home network information (including devices which interact with any of the Company Programs), mobile network information, and other unique device identifiers.
Cookies and Other Web-based Tracking Technologies. We (or Our Service Providers/Contractors as defined in Section 3 herein) may use different technologies such as cookies, web beacons, or other types of small temporary files or web-based tracking technologies to gather certain information. A cookie is a small data file stored by Your web browser on Your computer or mobile device (hard drive) that helps Us to improve the way We deliver Our Company Website or other Company Programs to You, helps Us improve Your overall experience using Our Company Website or other Company Programs, and/or helps Us analyze the areas and features of Our Company Programs that are most popular or to detect fraud. Web beacons are electronic images that may be used in Our Company Programs or emails and help deliver cookies, count visits, and understand usage. Like many other websites, cookies and these other web-based tracking technologies may be used by Us (or Our Service Providers/Contractors) during Your visit to the Company Website or other Company Program in order to improve Your individual experience as a User of the Company Website or other Company Program or to generally improve or enhance the overall functionality of the Company Website or other Company Program. While most websites automatically accept cookies for these purposes, You may be able to instruct Your browser to stop accepting cookies or prompt You before accepting a cookie from the sites You visit, including the Company Website. SEE SECTION 5.5 OF THIS PRIVACY POLICY WHICH PROVIDES FURTHER NOTICE ABOUT HOW THESE COOKIES ARE USED AND PROVIDES INSTRUCTIONS IF YOU WANT TO DISABLE ANY OF THESE COOKIES.
Geo-location Data. Subject to any of Your device permissions, We (or Our Service Providers/Contractors as defined below) may be able to collect information about the precise location of Your device or may gather other general location data based on GPS data, mailing address, and/or billing address (hereinafter collectively referred to as “Geo-location Data”).
Social Media Information. If any social media activities, offerings, or features, such as the Facebook “Like” button or similar social media interactive programs (collectively, “Social Media Activities”), are made available to You through any of the Company’s Programs, and in addition to the collection of other Personal Information noted above, the following may apply:
We may obtain and collect certain information from Your social media account consistent with Your settings within the social media service, such as location, check-ins, activities, interests, photos, status updates, and friends list. We may also allow You to enter into contests to provide photos, such as of products/services You have procured, which You may share with Your connections on social media for votes, shared offers, or other promotions.
A third party that is hosting the Social Media Activities may also collect Your Internet Protocol address, which page You are visiting on Our Company Program, Your Geo-location Data, and other Personal Information about You, and may also set a cookie to enable the feature to function properly.
These Social Media Activities may be hosted by a third party or hosted directly on Our Company Program. Thus, Your interactions with these Social Media Activities may be governed by the privacy policies of the third party that is hosting the Social Media Activities (see Section 8 regarding Third Party Sites).
1.3 ADDITIONAL SOURCES FROM WHOM OR WHERE WE MAY RECEIVE OR COLLECT INFORMATION ABOUT YOU.
In addition to the Personal Information provided by You as described in Section 1.1 and in addition to the collection of Personal Information as described in Section 1.2, the following are additional ways We may collect Personal Information about You or additional sources from which We may receive Personal Information about You:
From Our Service Providers/Contractors. From Our Service Providers/Contractors, as such term is defined in Section 3 herein, including, without limitation, from Our Data Analytics Providers or from Our Third Party Application Providers, as such terms are defined in Section 3 herein.
From Our Advertising Network. From Our Advertising Network, as such term is defined in Section 3 herein.
From Distributors, Resellers, or Retailers. From any other distributors, resellers, or retailers that We work with or with whom We have a relationship.
Individuals Representing Businesses. We may collect Personal Information in the context of Your role as a representative of a business. The Personal Information We collect in these cases may include Your name, address, email address, telephone, date of birth, gender, Social Security number, and personal financial information. We use this information for communicating with You in Your role as a representative of a business or if You are an owner of a business to evaluate Your creditworthiness. The Personal Information described in this paragraph is the “Biz Rep Data”.
Other Sources From Which We Collect Personal Information. We may collect Personal Information about You from a number of sources in addition to those means of collection indicated above, including offline or through sources unrelated to Your use of Our Company Website or other Company Programs. For example, We may collect Personal Information from publicly accessible sources (e.g., property records); directly from a third party, (e.g., credit reporting agencies or user due diligence providers); or from a third party with Your consent (e.g., Your bank). We may merge or co-mingle that Personal Information with the Personal Information We maintain about You and other data collected on or through Our Company Website. Categories of sources from which We may collect Personal Information include: advertising networks; internet service providers; data analytics providers; government entities; operating systems and platforms; and social networks.
1.4 EXCLUSIONS FROM PERSONAL INFORMATION SUBJECT TO THIS PRIVACY POLICY.
“Personal Information” for purposes of this Privacy Policy does not include any of the following types of information: (i) publicly available information from government records; and (ii) de-identified or aggregated consumer information.
2. HOW WE USE YOUR INFORMATION.
2.1 PRIMARY WAYS WE USE YOUR INFORMATION. In addition to Section 1 above, a User’s Personal Information may be gathered, collected, recorded, held, processed, or otherwise used by or on behalf of the Company (including by Our Service Providers/Contractors as defined in Section 3below) to provide, maintain, and improve Our Services to You, including for the following purposes:
Process Your transactions with the Company, including, without limitation: (i) fulfilling Your orders (including shipping if applicable), process exchanges and/or returns and send shipping notifications; (ii) scheduling any of Your appointments or meetings with the Company;
Send support and administrative messages, and respond to Your comments, questions, and customer service requests;
Communicate with You via email or through other means of communication about products/services, offers, or any other events offered by Us and others, and/or to offer and provide You with news and information that the Company thinks will be of interest to You. If You prefer not to receive promotional communications from Us, You may opt-out at any time by following the “Communication Opt Out” instructions in Section 5.1 herein;
Allowing You to sign up and participate in any other Company communication resources, including, without limitation, any Newsletters/Blogs, as defined in Section 1.1 herein. If You prefer not to continue to receive these other Company communications, You may “Opt Out” at any time by following the “Opt Out” instructions in Section 5.1 herein;
To allow Us to monitor, analyze, and better understand the needs, preferences, and trends of the Company’s users, You, and/or any other Users, including to monitor, analyze, and better understand trends, preferences, usage, and activities in connection with the Company’s products/services and the Company’s overall industry;
To personalize Your experience and the advertisements and content You see when You use any Company Program based on Your preferences, interests, usage, and browsing and purchasing behavior;
To conduct credit card screenings or to otherwise protect against fraud or unauthorized transactions, including by identifying potential unauthorized users or hackers;
For compliance purposes as may be required by applicable laws or regulations or as requested by any judicial process or governmental agency (including, without limitation, for the Company’s tax reporting) or as may be requested under any subpoena or by any other Government Entities (as defined in Section 2.2 herein);
To facilitate Your use of or participation in various Social Media Activities (as defined in Section 1.2 herein) or other integrated tools (including, for example only, certain Facebook features, such as a Facebook “Like” button) which You may use as part of any Social Media Activities;
To carry out any User Surveys (as defined in Section 1.1 herein);
To carry out any other purpose described to You at the time the Personal Information is collected.
2.2 OTHER WAYS WE MAY USE YOUR INFORMATION. In addition to the above, Your Personal Information may be gathered, collected, recorded, held, or otherwise used for the following additional purposes:
Outside Professionals. To use with, or otherwise distribute, share, or disclose to, any of the Company’s professional advisors such as attorneys, accountants, financial advisors, investment plan administrators, or insurance providers (collectively, “Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals (See Section 3); or
Government Entities. To use with, or otherwise distribute, share, or disclose to, any court, tax authorities, law enforcement authorities, other administrative agencies, other governmental agencies, or any other government entities (collectively, “Government Entities”) in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law, or regulation, or in order to respond to any request of any Government Entities, including, without limitation, tax reporting (See Section 3).
Auditing. Auditing related to a current interaction with You, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
Security. Helping to ensure security and integrity to the extent the use of Your Personal Information is reasonably necessary and proportionate for these purposes;
Debugging. Debugging to identify and repair errors that impair existing intended functionality;
Transient Use. Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with Us provided that Your Personal Information is not disclosed to a third party and is not used to build a profile about You or otherwise alter Your experience outside the current interaction with Us;
Services. Performing services on Our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying user information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on Our behalf;
Advertising. Providing advertising and marketing services to You.
Research. Undertaking internal research for technological development and demonstration;
Quality and Safety. Undertaking activities to verify or maintain the quality or safety of Our products and services and to improve, upgrade, or enhance Our products and services; and
Commercial Interests. Advancing Our commercial or economic interests, such as by inducing a person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.
2.3 OTHER TERMS REGARDING THE USE OF YOUR INFORMATION.
2.3.1 The Company may also use or share Your Personal Information only for the purposes as described in this Section 2 and in Section 3 herein, unless We reasonably determine We need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, We consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in Your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If We need to use Your Personal Information for an unrelated purpose, We will notify You and We will explain the legal basis which allows Us to do so. If You wish to receive an explanation as to how the processing for a particular purpose is compatible with the original purpose, please contact Us via the information specified in the Contact section below.
2.3.2 PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR ADDITIONAL CONSENT IN COMPLIANCE WITH THIS PRIVACY POLICY AND WHERE DOING SO IS REQUIRED OR PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY SUBPOENA OR OTHER TYPES OF COURT ORDERS.
3. SHARING OF INFORMATION
We may distribute, share, or disclose Personal Information about You as follows or as otherwise described herein:
Affiliates and Subsidiaries. We may share or disclose Your Personal Information with affiliates or subsidiaries for any of the purposes described herein (collectively, “Affiliates”).
Service Providers/Contractors. We may share or disclose Your Personal Information with Our service providers or third-party vendors, or contractors that We engage or retain in connection with the provision of the Company Programs or otherwise to help Us carry out and fulfill a business or commercial purpose for the Company, including, without limitation, the following types of service providers or contractors (all of the above are hereinafter collectively referred to as ”Service Providers/Contractors”):
Email, internet, or other telecommunication Service Providers/Contractors;
Cloud, other data storage, website hosting, or other hosting Service Providers/Contractors;
Third party payment Service Providers/Contractors, including, without limitation, third party credit card processors (see Third Party Application Providers below in this Section 3);
Data analytics companies who assist Us with various types of data analytics, web analytics, and app analytics (see Data Analytics Providers and Data Analytics Tools or Services below in this Section 3);
Third party delivery or shipping Service Providers/Contractors;
Third party app or software designers;
Database management; and
Third party advertising or marketing companies that We engage (see Advertising Networks below in this Section 3).
Other third party contractors or service providers We engage to assist Us in providing Our products/services;
Third Party Application Providers. If a third party application is used to support Our Company Programs, We may share or disclose Your Personal Information to such third party application providers, including, without limitation, third party credit card processors, other third party payment service providers, or intermediary services that assist in processing Your payments service provider (collectively “Third Party Application Providers“).
Data Analytics Providers and Data Analytics Tools or Services. We may use analytics tools or services provided by a third party data analytics service provider (“Data Analytics Providers“) or We may use one of their tools, such as, but not limited to Google Analytics, to collect and process certain analytics data (“Data Analytics Tools or Services”). These Data Analytics Tools or Services may also collect data about Your use of other websites, apps, and online resources. SEE SECTION 5.5 OF THIS PRIVACY POLICY THAT PROVIDES FURTHER NOTICE ABOUT HOW SOME OF THESE DATA ANALYTICS PROVIDERS AND DATA ANALYTICS TOOLS OR SERVICES MAY USE COOKIES AND ALSO PROVIDES INSTRUCTIONS IF YOU WANT TO DISABLE ANY OF THESE COOKIES.
Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various other purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding Our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Programs.
Advertising Network. We may work with third party advertising companies or marketing companies (collectively, “Advertising Network”) in order to provide You or other parties with advertisements, marketing, or other information that We think may be of interest to You or to others. These Advertising Networks may set or access their own cookies, pixel tags, or similar technologies on Our Company Programs or they may otherwise collect or have access to data about You which they may collect over time and across different online services. These Advertising Network may also provide Us with their own independent data about potential users and such data could include data about You previously collected by the Advertising Network.
Social Media Activities. The Company Programs may, now or in the future, offer certain Social Media Activities (as defined in Section 1.2 above), including, without limitation, certain sharing tools or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
Company’s Outside Professionals. We may share or disclose Your Personal Information with any of the Company’s Outside Professionals (as defined in Section 2.2 herein) in order to facilitate the professional advice such Outside Professionals provide to the Company.
Consent. We may also share or disclose Your Personal Information with Your permission.
Merger, Sale, or Other Asset Transfers. We may share, disclose, or otherwise transfer Your Personal Information to the Company’s Outside Professionals (as defined in Section 2.2 herein), other advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which We are acquired by or merged with another company or We sell, liquidate, or transfer all or a portion of Our assets.
Government Entities or as Otherwise Required By Law, Subpoena, or Similar Government Order. We may use, distribute, share, disclose, access, or preserve Your Personal Information if We believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process or requirements of any Government Entities (as defined in Section 2.2 above), such as a court order or subpoena; (iv) comply with any other form of request from any Government Entities; (v) respond to Your requests; or (vi) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL ENTITIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY COMPANY PROGRAM.
4. AGE OF CONSENT; COPPA NOTICE.
4.1 COPPA Notice. This Company Website and other Company Programs are not directed to children under the age of 13. We adhere to the U.S. federal Children's Online Privacy Protection Act ("COPPA") and will not knowingly register or otherwise collect any Personal Information from any child under the age of 13. We ask that minors under the age of 13 not submit any Personal Information to the Company. If You have reason to believe a child under the age of 13 has provided the Company with any Personal Information, please contact the Company at contact@roonlabs.com and request that such information be deleted from Our records.
4.2 User Age Confirmation By using the Company Website or any other Company Program, You represent that You are at least the age of majority in Your state or province of residence, or that You are the age of majority in Your state or province of residence and You have given Us your consent to allow any of Your minor dependents to use Our Company Website or other Company Program.
5. CERTAIN ADDITIONAL CHOICES YOU MAY HAVE ABOUT YOUR INFORMATION.
5.1 OPT-OUT FROM RECEIVING COMMUNICATIONS FROM THE COMPANY.
5.1.1 YOU CAN OPT-OUT FROM RECEIVING COMMUNICATIONS FROM THE COMPANY. In the event a User has provided the Company with Personal Information such as that discussed above, and thereafter a User does not want to continue to directly receive further notices, or information or communications from the Company, such as emails, or newsletters related to the Company’s products/services, the User must send an email message to the Company at this email address, contact@roonlabs.com, stating that the User no longer wants to receive these communications or other communications directly from the Company (“Communication Opt Out”). Once the Company has received the User’s request for the Communication Opt Out, the Company will use commercially reasonable efforts, in a commercially reasonable time period, to try to carry out such User’s request for the Communication Opt Out; provided, however, the Company will not have any obligation to retrieve, and cannot prevent the further use by others of, such User’s Personal Information which may have been shared up to that time with other parties as permitted by the provisions of this Privacy Policy.
5.1.2 EFFECT OF COMMUNICATION OPT OUT. If a User elects to send the Company a Communication Opt Out (as defined in Section 5.1.1), and provided such User has properly delivered its Communication Opt Out request to the Company in accordance with Section 5.1.1 herein, such User will no longer receive emails or other communications directly from the Company after a commercially reasonable time from the date such User sent its Communication Opt Out notice to the Company. However, the Company does not have any obligations under, or liability arising out of, this Privacy Policy with regard to a User’s decision to share its Personal Information with, Our use of, any other internet websites, forums, or programs that the User may have linked to via the Company Website which are not under the Company’s direct control or ownership. Accordingly, after sending Your Communication Opt Out notice to the Company, You may need to contact these other entities directly regarding their use of Your Personal Information.
5.2 OPT-OUTING OF BEHAVIORAL ADVERTISING OR USE OF ANALYTICS TOOLS
5.2.1 OPTING OUT OF BEHAVIORAL ADVERTISING. Our Company Website or other Company Programs may use behavioral advertising. This means that a third party may use technology (e.g., a cookie) to collect information about Your use of the Company Website or other Company Programs so that they can provide advertising about products and services tailored to Your interests. That advertising may appear either on the Company Website or other Company Program(s), or on other websites not operated by Us. If You do not want third parties to collect information about Your use of the Company Website or other Company Program(s), You can opt-out of such at the Digital Advertising Alliance in the U.S., or the European Digital Advertising Alliance in Europe.
PLEASE NOTE THAT OPTING-OUT OF BEHAVIORAL ADVERTISING DOES NOT MEAN THAT YOU WILL NOT RECEIVE ADVERTISING WHILE USING OUR COMPANY WEBSITE OR OTHER COMPANY PROGRAM(S). IT WILL, HOWEVER, EXCLUDE YOU FROM INTEREST-BASED ADVERTISING CONDUCTED THROUGH PARTICIPATING NETWORKS, AS PROVIDED BY THEIR POLICIES AND CHOICE MECHANISMS.
5.2.2 OPTING OUT OF USE OF ANALYTICS. Many analytics providers allow end-users to opt out of the retention of their information, including Our third-party Data Analytics Providers (as defined in Section 3 herein). Please note that, typically, unless You create an account with the analytics provider, Your choice to opt out applies only to the device from which You make the request, because the providers use cookies on that device to recognize Your choice. If You get a new device, install a new web browser, update Your browser, or otherwise erase/alter Your browser cookie files You may clear the opt-out cookie.
5.3. DO NOT TRACK NOTICE.
Some browsers have a “DO NOT TRACK” feature that lets website users inform websites or other applications that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track’ signals are not yet uniform. ACCORDINGLY, EACH USER OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM IS HEREBY NOTIFIED THAT THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS ARE NOT CURRENTLY SET UP TO RESPOND TO ANY OF THE USER’S “DO NOT TRACK” FEATURES OR “DO NOT TRACK” SIGNALS. This “DO NOT TRACK” notice is provided to Users at the recommendation of the U.S. Federal Trade Commission and to residents of the State of California as required pursuant to the California Online Privacy Protection Act (CalOPPA).
5.4. GEO-LOCATION DATA.
You may be able to prevent Your device from sharing precise location information, including, without limitation, some or all of the Geo-Location Data described in Section 1.2 above, at any time through Your device’s operating system settings.
5.5 COOKIES POLICY; HOW YOU CAN DISABLE COOKIES.
5.5.1 What Are Cookies. As is common practice with almost all professional websites, the Company Website or other Company Programs use cookies, which are tiny files that are downloaded to Your computer to improve Your experience. This section describes what information they gather, how We use it, and why We sometimes need to store these cookies. We will also share how You can prevent these cookies from being stored, however, this may downgrade or “break” certain elements of a website’s functionality.
5.5.2 How We Use Cookies.
WE USE COOKIES FOR A VARIETY OF REASONS AS INDICATED IN SECTION 1.2, SECTION 3, AND THIS SECTION 5.5 OF THIS PRIVACY POLICY.
In addition to the description of cookies as set forth in Section 1.2 and Section 3 of this Privacy Policy, We may use analytics tools, services or similar tools provided by third parties Data Analytics Providers (as defined in Section 3 herein) to help analyze how You and other Users utilize the Company’s products/services. These analytics tools use cookies and other tracking technologies to collect information such as how often Users visit the Company Website or other Company Programs, what pages they visit, and what other websites they have used prior to visiting the Company Website. We use the information We get from these analytics tools to improve Our products/services. Analytics tools collect the IP address or other unique identifier assigned to You and/or Your devices on the date You visited them. Analytics tools provided by third parties plant a persistent cookie on Your web browser to identify You as a unique User the next time You visit the Company Website, and the treatment of that information is governed by the third party’s terms of use and/or privacy policy.
Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that You leave on all cookies if You are not sure whether You need them or not in case they are used to provide a service that You use.
BY USING OUR COMPANY WEBSITE, YOU GIVE CONSENT FOR US TO SHARE YOUR PERSONAL INFORMATION WITH THESE PROCESSORS, AND FOR THEM TO TRANSFER THIS INFORMATION ONWARD TO THEIR PARTNERS IN CONNECTION WITH PROVIDING YOU THE PRODUCTS/SERVICES.
5.5.3 Disabling Cookies. You can prevent the setting of cookies by adjusting the settings on Your web browser (see, for example, Your browser Help for how to do this, including “Incognito” in Chrome, “In Private” for Internet Explorer, “Private Browsing” in Firefox and Safari, etc.). Be aware that disabling or deleting cookies in Your web browser: (i) will usually affect the functionality and/or usability of the Company Website, other Company Programs and/or other websites that You visit; and/or (ii) will usually result in also disabling certain functionality and features of the Company Website or any other Company Programs.
5.5.4 The Cookies We May Set.
In addition to the disclosures We have provided in Section 1.2 and Section 3 of this Policy regarding cookies or other web-based tracking technologies or analytics tools, the following section details certain ways that We may set or use cookies or other web-based tracking technologies on the Company Website or any other Company Program:
Email newsletters related cookies: The Company Website or other Company Programs may offer newsletters or other types of email subscription services and cookies may be used to remember if You are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
Orders processing related cookies: The Company Website or other Company Programs may offer e-commerce or payment facilities and some cookies are essential to ensure that Your order is remembered as You move between pages so that We can process it properly.
Contact or comment related cookies: When You submit any other data through the Company Website or other Company Programs, certain contact or comment-related cookies may be set to remember Your User details for future correspondence or transactions.
5.5.5 Third Party Cookies. In certain instances, cookies provided by third parties may also be used. In addition to the disclosures We have provided in Section 1.2 and Section 3 of this Policy regarding use of cookies or other web-based tracking technologies or analytics tools by third parties, the following section details certain third party cookies You might encounter through the Company Website or any other Company Program:
As noted in Section 3, the Company Website or other Company Program may engage Data Analytics Providers and/or use Data Analytics Tools or Services (including, without limitation, Google Analytics) that provide Us with widely-used analytics tools or services to help Us better understand how You and other Users are utilizing the Company Website or other Company Program in order to allow Us to improve Your experience. These cookies may track things such as how long You spend on the Company Website or other Company Program and the pages that You visit so We can continue to produce engaging content. For more information about Google Analytics cookies, see the official Google Analytics page.
Data Analytics Providers and/or use Data Analytics Tools or Services may also be used to track and measure usage of this Company Website or other Company Program (including, but not limited to, tracking things such as how long You spend on a website or pages that You visit) so that We can continue to produce engaging content, help Us to understand how We can improve the Company Website or other Company Program site for You and and/or to give Us a better understanding of broader industry trends.
From time to time, We test new features and make subtle changes to the way that the Company Website or other Company Programs are delivered. When We are testing new features, these cookies may be used to ensure that You receive a consistent experience while on the Company Website or other Company Program while ensuring We understand which optimizations the Users appreciate the most.
As We promote Our products/services, it’s important for Us to better understand statistics about how many of the visitors to the Company Website or other Company Programs actually procure a license or which Company products or services the Users viewed the most and, thus, these are additional types of data that these cookies will track. We consider this to be important to You as it means that We can accurately make business predictions that allow Us to monitor Our advertising and product/service costs to ensure the best possible services to all of the Users.
Certain of Our Advertising Networks (as defined in Section 3 of this Policy) may advertise on Our behalf and affiliate tracking cookies allow Us to see if Our users have come to the Company Website or other Company Programs through one of these Advertising Network sites or sources.
As noted in Section 3 of this Privacy Policy, We also use social media buttons and/or plugins on this Company Website or other Company Programs that allow You to connect with Your social network in various ways. For these to work, many social media sites (such as, but not limited to, Facebook, Instagram, or LinkedIn) may set cookies through the Company Website or other Company Program and such cookies may be used to enhance Your profile on their social media site or to contribute to the data they hold for various purposes outlined in their respective privacy policies.
6. ENFORCEMENT OF THIS PRIVACY POLICY BY THE COMPANY.
Each User confirms and agrees that by the User’s act of using any of the Company Programs, including, without limitation, uploading any of the User’s Personal Information or any other content via any Company Program, the User: (a) unconditionally agrees to all of the terms and conditions of this Privacy Policy; and (b) further agrees that no provision of this Privacy Policy shall limit, condition, alter, or amend, in any way whatsoever, any rights that User may have separately granted to the Company pursuant to any other agreement that the User may have separately entered into with the Company.
7. USER RESPONSIBLE FOR UPDATING USER’S OWN PERSONAL INFORMATION.
Users are solely responsible for correcting, updating, or modifying any and all of the User’s Personal Information as it appears in, and as otherwise stored or contained in, any Company Program. Without in any way limiting the foregoing, User acknowledges and agrees that the Company does not have an independent obligation to maintain the accuracy or completeness of any of Personal Information provided by the User to the Company, including such Personal Information once it is stored, described, or otherwise contained in the Company Website or in any other Company Program.
8. LINKS TO, AND USE OF, THIRD PARTY SITES OR PROGRAMS.
The Company Website or other Company Programs may now or in the future provide links or other access to Internet websites, forums, or other programs that are not under the Company’s sole control and not solely owned by the Company (collectively referred to as “Third Party Sites”). If a User clicks on a link to, or otherwise gains access to, any such Third Party Site, the User will be transported to one of these Third Party Sites.
THIS PRIVACY POLICY ONLY APPLIES TO THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS DIRECTLY OWNED BY THE COMPANY. THEREFORE, THIS PRIVACY POLICY: (A) DOES NOT DESCRIBE THE PRIVACY POLICIES OF ANY OF THESE THIRD PARTY SITES; AND (B) DOES NOT GOVERN THE COLLECTION OR USE OF YOUR PERSONAL INFORMATION BY THE THIRD PARTY SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY OF THESE THIRD PARTY SITES. IF A USER CLICKS ON A LINK TO, OR IS SENT TO A LINK OF, OR OTHERWISE GAINS ACCESS TO, A THIRD PARTY SITE, THE USER SHOULD REVIEW THE PRIVACY STATEMENTS OR POLICIES OF SUCH THIRD PARTY SITES (IF ANY) TO DETERMINE THAT PARTICULAR THIRD PARTY SITES’ PRACTICES WITH REGARD TO THE COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER AGREES THAT IF THE USER USES ANY THIRD PARTY SITES IN ANY WAY, THE USER IS AWARE THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT THIRD PARTY SITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE USED BY OTHER USERS OF THAT THIRD PARTY SITE OR BY ANY OTHER THIRD PARTIES, AND COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. THE COMPANY IS NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR OTHERWISE MAKE AVAILABLE TO, THESE THIRD PARTY SITES.
Any link to any Third Party Site from the Company Website or any other Company Program does not imply any endorsement of the privacy practices of such Third Party Site by the Company, and no such Third Party Site is authorized to make any representation or warranty on Our behalf.
9. INFORMATION SECURITY
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, We cannot guarantee its absolute security. We make efforts to protect Your Personal Information from improper or unauthorized loss, misuse, access, disclosure, alteration, or destruction. If You have questions about the security of Your Personal Information, contact the Company at the email or regular mailing address specified in the Contact Use section below.
10. DATA RETENTION
We will retain Your Personal Information for as long as necessary to fulfill the purposes for which We collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Information, We consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of Your Personal Information, the purposes for which We process Your Personal Information, whether We can achieve those purposes through other means, and the applicable legal requirements.
11. THIS PRIVACY POLICY MAY CHANGE.
We reserve the right to change, modify or clarify this Privacy Policy at any time (“Changes”), so please review it frequently. All such Changes to this Privacy Policy will take effect immediately upon their posting on the Company Website or any other Company Program. The Company reserves the right to make any and all Changes to the Privacy Policy without providing individualized notice to a User. YOU HEREBY AGREE THAT YOU ARE BOUND BY ALL CHANGES TO, AND ANY UPDATED VERSION OF, THIS PRIVACY POLICY THAT ARE IN EFFECT EACH TIME YOU USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM. THUS, THE TERMS OF THIS PRIVACY POLICY MAY BE DIFFERENT THE NEXT TIME YOU USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM. ANY USE OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM BY YOU AFTER SUCH CHANGES SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY THE USER OF ALL SUCH CHANGES WITH REGARD TO THE COMPANY WEBSITE AND ALL COMPANY PROGRAMS. EACH USER SHOULD REGULARLY REVIEW AND PRINT THIS PRIVACY POLICY FOR THE USER’S RECORD. If the Company is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products or services to You.
12. NOTICE UNDER THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (“GDPR”) TO EUROPEAN UNION DATA SUBJECTS.
12.1. OVERVIEW OF NOTICE; REAFFIRMING INFORMED CONSENT
The European Union’s (“EU”) General Data Protection Regulations (“GDPR”) provides EU “Data Subjects” (as such term is defined in the GDPR) with specific rights, including the right to receive notices, regarding their “Personal Data” (as such term is contemplated by the GDPR). This Privacy Policy hereby provides such GDPR-required notices and disclosures to each User that is an EU Data Subject as follows:
EACH USER THAT IS AN EU DATA SUBJECT (AS SUCH TERM IS DEFINED IN THE GDPR) HEREBY REAFFIRMS THAT BY CHECKING THE "I AGREE" BOX, EACH SUCH USER HEREBY: (1) ACKNOWLEDGES AND AGREES THAT THEY HAVE BEEN GIVEN A COPY OF THIS PRIVACY POLICY, HAVE HAD AN OPPORTUNITY TO READ THIS PRIVACY POLICY, AND FULLY UNDERSTAND ALL OF THE NOTICES AND DISCLOSURES PROVIDED IN THIS PRIVACY; AND (2) PROVIDES THEIR INFORMED CONSENT TO, AND HEREBY AGREES TO ALL OF THE PROVISIONS OF, THIS PRIVACY POLICY, INCLUDING WITHOUT LIMITATION, CONSENTING AND AGREEING TO ALL OF THE WAYS THAT THEIR PERSONAL DATA (AS SUCH TERM IS DEFINED IN THE GDPR) WILL BE COLLECTED, USED, AND SHARED AS DISCLOSED IN THIS PRIVACY POLICY.
12.2 EU DATA SUBJECT’S RIGHTS UNDER GDPR.
Data Subjects (as such term is defined in the GDPR) are hereby notified that they have the following additional rights pursuant to the GDPR:
Pursuant to GDPR Article 15 (Right of Access by the Data Subject), to obtain from Us confirmation as to whether Personal Data (as such term is defined in the GDPR) has been Processed (as such term is defined in the GDPR) and, if that is the case, access to that Personal Data and additional information about how it has been Processed, including without limitation: (i) the purpose of the Processing; (ii) the category of Personal Data concerned; (iii) the categories of recipients to whom the Data Subject’s Personal Data has been disclosed; (iv) the planned retention period; (v) the existence of Your right of rectification, deletion, limitation of processing, or opposition; (vi) the existence of a right to complain; (vii) the source of the collection of Personal Data if not collected from Us; (viii) and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;
Pursuant to GDPR Article 16 (Right to Rectification), to request the correction (modification) of incorrect Personal Data or any completed Personal Data stored by Us;
Pursuant to GDPR Article 17 (Right to Erasure; “Right to be Forgotten”), to request the deletion of the Data Subject’s Personal Data stored by Us, except for the allowed continued uses permitted by the GDPR, including without limitation as far as the Processing is needed to exercise the right to freedom of expression and information, for the fulfillment of a legal obligations, for reasons of the public interest, or for the assertion, exercise, or defense of legal claims, if required;
Pursuant to GDPR Article 18 (Right to Restriction of Processing), to demand the restriction of the Processing of the Data Subject’s Personal Data where one of the following applies: (i) as far as the accuracy of the Personal Data is disputed by the Data Subject; (ii) the Processing of the Personal Data is unlawful, but the Data Subject rejects its deletion; (iii) We no longer need the Personal Data, but the Data Subject requires it to exercise or defend legal claims; or (iv) the Data Subject has objected to the Processing of the Personal Data in accordance with GDPR Article 21;
Pursuant to GDPR Article 20 (Right to Data Portability), the right of the Data Subject to receive his/her Personal Data as provided to Us, in a structured, common, and machine-readable format or to request the transfer to another person responsible;
Pursuant to GDPR Article 7(3) (Conditions of Consent), the Data Subject’s right to withdraw, at any time, the Data Subject’s once granted consent. As a result, We are no longer allowed to continue the Processing of Personal Data based on that consent for the future, but such withdrawal does not affect the lawfulness of the Processing of Personal Data based on such consent before such withdrawal; and
Pursuant to GDPR Article 77 (right to Lodge a Complaint with a Supervisory Authority), the right of the Data Subject to complain to a Supervisory Authority, as such term is defined in the GDPR. As a general rule, the Data Subject can contact the Supervisory Authority of the Data Subject’s usual place of residence or work or place of the alleged infringement.
12.3 LEGAL BASIS FOR COMPANY’S PROCESSING OF PERSONAL DATA UNDER GDPR.
The Company may process Your Personal Data (as such term is defined under the GDPR) under the following conditions:
Consent: You have given Your consent for processing Personal Data for one or more specific purposes, including without limitation the Informed Consent You have given to the Company by consenting and agreeing to this Privacy Policy by Your act of clicking the “I AGREE” Box.
Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the Processing of Your Personal Data, and, in particular, whether the provision of Personal Data (as defined under the GDPR) is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
13. CONTACT US.
If a User believes that the Company is not complying with the policies outlined in this Privacy Policy, or if the User has any questions relating to this Privacy Policy, then the User should write to the Company at this email address: contact@roonlabs.com.