If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access our services through your account to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates, users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
INFORMATION WE COLLECT
The types of Personal Information we collect and our privacy practices depend on whether you are a CustomFit Customer or a Visitor to one of our Customer’s websites (together, “Individuals”) and the requirements of applicable law. We collect information, including personal information or personal data, when you visit our Sites or Mobile Application or use our Application Services. We collect this information when you fill out forms or engage with us directly. We also collect this information via cookies, pixel tags, and certain software designed to interact with your computer or mobile device.
INFORMATION YOU SHARE WITH US
If you choose to share your information with us, we will collect the following information:
If you decide to create a CustomFit application account to use our Application Services, you must enter your first and last name, email address, and password or otherwise enter similar information into forms or surveys on our Site or Applications.
If you share information with us by entering it into your account–information like postal address, phone number, fax number, company name, and credit card payment information.
If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information for internal analytics purposes.
When you are asked to provide personal information or personal data, you may decline. And you may use application or device controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for specific products or features, those products or features may not be available or function correctly.
INFORMATION COLLECTED AUTOMATICALLY VIA TECHNOLOGY
- We automatically collect certain information via technology when you use the Site and Application Services: When you visit our Site or use our Applications, some information is automatically collected like IP address, website activity, location, browser information, user settings, IMEI, cookie identifiers, mobile carrier, mobile advertising, MAC address, SSID, and other unique identifiers, details about the visitor’s browser, operating system or device, inferred location from IP address, Internet service provider, pages that a visitor visits before, during and after a Customer’s websites or landing pages, information about the links a visitor clicks, time spent on a Customer’s web page or landing page, and other information about how a website visitor uses the Services. Information we collect may be associated with accounts and other devices. We also collect information about which web-elements or objects the visitor interacts with, metadata about your activity on the Site, changes in your user state, and the duration of the visitor’s visit.
- Mobile Application Services: We may also collect information from your mobile device including, but not limited to, the first time the Application is opened, the mobile carrier, the device identifier, the type of device that is being used, if you have downloaded our Applications, and your usage activity while using the Application. This information is generally used to help us deliver the most relevant information to you and improve our Application Services and analytics platform. Also, in the event our Applications crash on your mobile device, we will receive information about your mobile device model and OS version, which allows us to identify and fix bugs and otherwise improve the performance of our Applications. We send you a push notification from time-to-time to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about the device you are using, such as the OS and user identification information. We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the Application, the events that occur within the Application, aggregated usage, performance data, and what app store you used to download the Application. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile Application.
INFORMATION FROM THIRD-PARTY SOURCES & CUSTOMERSWe may obtain information about a Customer from other sources like cookies, pixel tags, local storage, and third-party services and organizations to supplement information provided by the Customer. Information we collect through these services may include a Customer’s company name associated with an IP address, size of the company, sector, industry information, and official email addresses associated with the Customer. This meta-information allows us to verify information that you have provided to us and to enhance our ability to provide you with the Services.
Customers may provide insights about their Visitors directly to us to enrich the persona and activity info of the visitors. This information may be specific or aggregated.
Cookies & Tracking Technologies:Cookies are small text files we send to individuals’ computers when they visit our Sites. Like nearly all websites, cookies make our Sites work more efficiently and effectively and help us improve our Site, the relevance of our marketing activities, and your experience while using the Site and Application Services.
A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a webpage, performed a button click action. The information can be extracted from the website URL and its query parameters.
Browser Local Storage:We also store data locally on your device to enhance the user experience on our Site or customer’s site. For example, browser local storage allows us to save the state of your current page so that when you return at a later time or refresh the browser, the page will remain the same.
OUR USE OF COLLECTED INFORMATIONWe use the personal information we collect for purposes described in this Privacy Statement or as otherwise disclosed to you. In general, we use the information we collect primarily to communicate with you, to market, provide, maintain, protect, and improve our current Application Services, and to develop new or enhanced versions of those Application Services.
Here is a list of how we use your information:
- Facilitate the creation of and securing of your account on our network;
- Identify you as a user in our Application Services;
- Improve our Application Services, Site and how we operate our business;
- Measure interest and engagement in Customer Site and Services;
- Improve our products and Services;
- Develop new products and Services;
- Understand and enhance your experience using our Site and Application Services;
- Provide and deliver products and services, including the Application Services, that you request, including securing, troubleshooting, and personalizing those products;
- Respond to your comments or questions and for our Support team to provide service;
- Send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
- Communicate with you about promotions, upcoming events, and news about products and services offered by CustomFit and our selected partners, and for other marketing purposes of CustomFit;
- Link or combine it with additional information we get from third parties, to help understand your needs and provide you with better service, as described under “Profiling” below; and Protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
CREATION OF DE-IDENTIFIED DATA:We may create de-identified data records and/or aggregated information sourced or extracted from data connected to or associated with personal information by excluding information (such as your name) that makes the data de-identified. We use this de-identified data to analyze request and usage patterns like the measurement of Visitors’ interest in and use of various portions or features of the Customer’s websites and landing pages so that we may enhance the content of our Application Services and improve our Application Services and Site navigation. De-identified and aggregated information is not Personal Information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, aggregated trends, reports, or statistics, and any other legally permissible purposes. We reserve the right to use de-identified data for any purpose and disclose de-identified data to third parties at our sole discretion where permitted by applicable law.
ANALYTICS:We may also use various analytics tools like Google Analytics and other service providers to collect and enrich the information regarding Visitor behavior and Visitor demographics on our own Site. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt-out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout
PROFILING:When you interact with our Site by completing a form (such as a request for us to contact you, creation of an Account, request for information on pricing, or downloading content), we will collect your personal information and analyze your information to build individual profiles. We use third-party tools to help us make the profile by providing information about your business (like company size and industry, for example). These profiles will be used to help us predict future interest in our Application Services. We base our profiling on your activity on the Site, and we update your profile in real-time based on your use of the Site.
SHARING OF INFORMATIONWe share personal information with your consent or as necessary to complete your transactions or provide the products you have requested or authorized. For example, when you provide payment information to make a purchase, we will share that information with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services. We also share personal information as follows: Affiliates & Subsidiaries: Our subsidiaries and affiliates share standard information systems and process information as needed to provide our products and operate our business.
Third-Party Service Providers: With third parties who work on our behalf for the purposes described in this Privacy Statement, provided that such third parties agree to provide at least the same level of privacy protection as required by this Privacy Statement. These services may include providing cloud computing infrastructure, website crash reporting, and providing customer support or account administration.
Lawful Requests: To comply with laws or to respond to lawful requests and legal process, provided that CustomFit will endeavor to notify you, where practical and permitted by applicable law or regulation if CustomFit has received a lawful request for your information.
Protection of Rights & Property: To protect the rights and property of CustomFit, our agents, customers, and others, including to enforce our agreements and policies.
Emergency: In an emergency, including to protect the personal safety of any person.
Corporate Restructuring: For a corporate transaction (or negotiation of a corporate transaction) involving sale or transfer of all or a part of our business or assets (corporate transaction may include, for example, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). We may transfer your personal information in the event of an insolvency, bankruptcy, or receivership. If another company acquires our company, business, or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Statement.
Advertising Partners: Through our Services, CustomFit may allow third-party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day) for “interest-based advertising” or “online behavioral advertising.”, Cross-device linking (may link your various devices so that content you see on one device can result in relevant advertising on another device), Social Media Widgets (social media features, such as the Facebook Like button, Google Plus, LinkedIn, Snapchat, Instagram, Twitter, or other widgets. These social media companies may recognize you and collect information about your visit to our Service, and they may set a cookie or employ other tracking technologies). We may allow access to other data collected by the Site and Services to share information that may be useful, relevant, valuable, or otherwise of interest to you. If you prefer not to share your Personal Information with third-party advertising partners, you may follow the instructions below.
YOUR INFORMATION CHOICES AND CHANGESIn addition to the choices outlined in other parts of this Statement, you also have control over the following:
Access, Correction, and Deletion: If you wish to request access to or correction or deletion of personal information about you that we hold, you have some controls available to you from the “Account Settings” portion of the Application Services. You can also contact our Privacy Program at email@example.com or our Data Protection Officer at firstname.lastname@example.org. However, to the extent permitted by applicable law, we reserve the right to charge a fee or decline requests that are unreasonable or excessive, where providing the information would be prohibited by law or could adversely affect the privacy or other rights of another person, or where we are unable to authenticate you as the person to whom the information relates
Email Communications: You may opt-out of receiving promotional or marketing emails from CustomFit by following the instructions in those emails. If you opt-out, we may still send you non-promotional emails, such as emails about your CustomFit projects or our ongoing business relationship.
Application(s): You can stop all collection of information by our Application(s) by uninstalling the Application(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Do Not Track Signals: Some web browsers may transmit signals instructing websites and other online services not to track information. In our opinion, no standard governs what, if anything, websites should do if they receive these signals. CustomFit currently does not respond to such browser signals or similar mechanisms instructing not to track information. If and when a standard is established, we may revise our position on responding to these signals. Third parties may collect personal information about your online activities over time and across sites when you visit our Site or use the CustomFit Service.
Social Media Widgets: As noted above, our website may include social media features, such as the Facebook and LinkedIn button or interactive mini-programs that run on our website. These features may collect your IP Address, which page you are visiting on our Site and may set a cookie to enable the feature to function correctly. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy statement or notice of the third party providing it.
Cookies and Interest-Based Advertising: You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/,https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA's AppChoices application from your device's app store. Alternatively, for some devices, you may use your device's platform controls in your settings to exercise choice.
Please note you must separately opt-out in each browser and on each device. Advertisements on third-party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.
CALIFORNIA PRIVACY RIGHTSIf you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), beginning January 2020, you have certain rights with respect to that information. In particular, you have a right to request that we provide you with the following information:
1. The categories and specific pieces of personal information we have collected about you;
2. The categories of sources from which we collect personal information;
3. The purposes for collecting, using, or selling personal information;
4. The categories of third parties with which we share personal information;
5. For companies that disclose personal information for a business purpose, the categories of personal information disclosed about you for a business purpose; and
6. For companies that “sell” personal information, the categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold.
To make such requests, contact us at email@example.com or the other contact information set out below. Note that we have provided the information described in (2)-(5) in this privacy statement. Concerning (6) above, we do not “sell” personal information as defined by the CCPA.
You also have a right to request that we delete personal information under certain circumstances, subject to several exceptions. Finally, you have a right not to be discriminated against for exercising rights set out in the CCPA.
EUROPEAN DATA PROTECTION RIGHTSIf the processing of personal information about you is subject to European Union data protection law, you have certain rights with respect to that information:
- You can request access to, and rectification or erasure of, personal information;
- If any automated processing of personal data is done with your consent or under a contract with you, you have a right to transfer or receive a copy of the personal information in a usable and portable format;
- If the processing of personal data is based on your consent, you can withdraw consent at any time for future processing; You can to object to, or obtain a restriction of, the processing of personal information under certain circumstances; and
- For residents of France, you can send us specific instructions regarding the use of your data after your death.
We may rely on different lawful bases for collecting and processing personal information about you, for example, with your consent and/or as necessary to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.
LOCATION & SECURITY OF PERSONAL INFORMATION SECURITYThe personal information we collect may be stored, transferred, and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers maintain facilities. Currently, we primarily use data centers in the United States & Singapore. The storage location is chosen to operate efficiently and improve performance. We take steps designed to ensure that the personal information we collect under this Statement is processed according to the provisions of this Statement and applicable law wherever the data is located.
Location of Processing European Personal Data: We transfer personal information from the European Economic Area and Switzerland to other countries. When we do so, we use a variety of legal mechanisms, including contracts, to help ensure your rights and protections. To learn more about the European Commission’s decisions on the adequacy of personal data protection, please visit https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
CustomFit is currently in the process of preparing to self-certify its compliance under Privacy Shield. CustomFit intends to self-certify under Privacy Shield at the soonest practicable opportunity. Although we have not yet self-certified under Privacy Shield, CustomFit agrees to conduct its activities in accordance with the requirements of the Privacy Shield Principles. To the extent that CustomFit processes any Customer Data protected by EU Data Protection Laws and/or that originates from the EEA, to the United States, you acknowledge that CustomFit shall be deemed to provide adequate protection (within the meaning of Data Protection Laws) for any such Customer Data as though it has self-certified its compliance with Privacy Shield. CustomFit agrees to protect such Customer Data in accordance with the requirements of the Privacy Shield Principles. If CustomFit is unable to comply with this requirement, we shall inform you.
CustomFit maintains appropriate and reasonable administrative, technical, and physical safeguards designed to help protect your personal information to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no transmission over the internet is 100% secure. We encourage you to protect your usernames and passwords to help prevent anyone from accessing or abusing your Application Services account(s), including not using the same passwords for the Application Services that you use with other accounts. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org