Updated November 29, 2021
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GENERAL. This “Privacy
Policy” describes our policies, and your choices, regarding the
collection, use, and disclosure of certain information about you,
including your Personal Information (as defined below), by Sophos
Productions, LLC d/b/a Aptly and its related and affiliated entities
(hereafter collectively referred to as “we”, “us”, “our” or “Aptly”). The purpose of this Privacy Policy is to inform you:
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What Personal Information we may collect from you when you use the
Service (as defined in section 2 hereinbelow);
- How we use, process and protect such Personal Information; and
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The rights, protections and choices you have regarding our use of, and
your ability to review, correct and remove Personal Information.
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ACCEPTANCE OF PRIVACY POLICY. By using the Aptly website or app (collectively, the “App”) and/or the Aptly services, including, but not limited to,
those offered through the App, our websites, emails, and
applications (collectively, the “Service”), you are accepting and actively consenting to the practices
described in this Privacy Policy. You are free to choose not to
provide certain Personal Information, but then you might not be able
to take full advantage of many of the Service features, including
account creation.
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PERSONAL INFORMATION WE COLLECT.
- General
For the purposes of this Privacy Policy, the phrases “personally
identifiable information”, “personal information” or “personal data”
(hereinafter referred to as “Personal Information”) means contact information and any other non-public information
that is used or intended to be used to personally identify an
individual or household, and any other non-public information that is
associated with that information, such as your name, address,
telephone number, date of birth, email address or any information you
submitted to Aptly that identifies you or a household as well as
information about your interaction with the Service including, without
limitation, offers, events, and products you use, and security information
(username and password).
We may collect and store Personal Information about you in connection
with your use of the Service or which you provide to us in any other
way. Even when we do not retain certain Personal Information, it may be
transmitted to our servers initially and stored long enough to process
such Personal Information.
- Personal Information Provided By You
As mentioned above, any information you volunteer for the purpose of
using the Service may be collected, which may include, among others, the
following:
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Required account set up details such as your name, email address,
address or postal code, telephone number, password, birth date,
payment authorization and any other information necessary to complete
and record purchases and other transactions, as applicable.
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Optional information provided during your use of the Service,
including, if applicable, reviews or ratings submitted,
account/profile settings, and information provided via participation
in contests, surveys and/or marketing promotions (including gender,
occupation and income level).
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Your activity on the Service, such as content selections, order
history, search queries and schedules of use or information otherwise
provided to us through the Service and/or a third-party service or
elsewhere, if applicable.
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Information from using the Service including, without limitation,
social relationships with other users on the Service; information
based on the content you choose to consume on the Service and the
decisions you make in consuming this content.
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Communication data such as your interactions with our email, details
of your interactions with customer service, such as the date, time and
reason for contacting us, transcripts of any chat conversations, and
if you call us, your phone number and call recordings.
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Registration Forms. If you are offered the opportunity to enter a
promotion, to become a registered user of the Service, or to opt-in to
receive Aptly information through another site, you must apply by
filling out the registration form on the App. This form requires
certain personally identifiable information that may include, without
limitation, your name, email address, postal address, telephone
number, areas of interest, and/or a unique individual password. You
may also choose to communicate with Aptly through email, via our
website, by telephone, in writing, or through other means. We collect
the information in these communications, and such information may be
personally identifiable.
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You may also be asked additional marketing-related questions by
completing questionnaires, surveys and profile data to help us better
understand your needs and those of potential customers. You may also
be requested to give your delivery and billing address, credit card
number and expiration date if you subscribe or otherwise make a
purchase.
Aptly collects information about the transactions you engage in while
using the Service, as well as information about your other activity in
connection with the Service. This information may include, without
limitation, areas of the Service that you visit, transaction type,
content that you view, download or submit, transaction amount, payment,
shipping and billing information and the individuals or entities with
whom you communicate or transact business.
- Automatic Data
Some of the above data is collected and logged by us automatically
(“Automatic Information”), in
order to make the Service more useful to you. Here are some other
examples of Automatic Information we collect which is not directly
provided by you:
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Data Collected by Aptly Servers: Aptly’s servers (which may be hosted
by a third-party service provider) collect information from you,
including your operating system, Internet Protocol
(“IP”) address (every device has a unique number, or
IP Address, that is automatically assigned to your device when you use
the Internet, which may change between sessions of use), your domain
name, the date and time stamp of your visit, Internet service provider
(“ISP”), referring/exit pages, internal pages of the
Service viewed and clickstream data. We use this information to
recognize and analyze trends, administer the Service, track our users’
movement throughout the Service, compile demographic information about
our overall user base, and adapt the Service to our users’ needs.
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Cookies, web beacons,
and advertising identifiers: The Service may use what are known as
“cookies” in certain instances, or similar technology such as web
beacons, and advertising identifiers, which may use small text files
to store a randomly assigned ID and a website reference ID to make
your device recognizable to Aptly. Cookies and other similar
technology, as they now exist or develop, are used by Aptly to help
remind us of our users’ identities and tailor the Service to reflect
our users’ personal interests, estimate our audience size, process
user orders, facilitate and track user involvement in any of our
contests, Services, sweepstakes and other promotions, and analyze the
visiting patterns of our users.
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Device Information: Aptly may choose to collect Personal Information
about the device you use to access the Service, including your
device’s hardware model, the name and version of your operating
system, your MAC address, the unique ID of your device, your location,
the time of day that you use the Service and what mobile network you
are using. Please note that Aptly has no control over what Personal
Information your device’s platform operator, such as Apple and Google,
collects and uses. We suggest in addition to this document, you review
your platform operator’s privacy policies to gain a better
understanding of their own standards and practices regarding Personal
Information.
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Advertiser Collected Data
Aptly may use third-party websites and advertising networks and
companies including, without limitation, social media sites including
Facebook (collectively, “Ad Companies”) to display ads
for or on the Service. Aptly may collect information from these
advertising services as set forth herein and in the privacy policies of
such Ad Companies. Such information may include but not be limited to:
your use of a Service, your IP address, your ISP, the device on which
you used the Service. The Ad Companies and third-party websites use
cookies and other technology to track data about you, both while using
the Service and otherwise, and may include behavioral data about you.
The information is collected by Aptly for analysis and visiting
patterns, and may also be used to deliver targeted advertising based on
your interests. Aptly is not responsible for the Ad Companies’ or other
third-party sites’ collection, protection or use of your Personal
Information. We suggest that, prior to using such third-party sites, you
review their privacy policies to learn about their use of your
information, as well as their implementation of cookies and similar
technologies. Both Aptly and third parties collect data which may be
used for online behavioral advertising as described above. Aptly offers
the following choices regarding data collected for online behavioral
advertising:
If you are interested in more information about behavioral advertising
and your choices to prevent behavioral web and mobile web advertising
from third parties, you may visit the following websites:
Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance Opt-Out Page for U.S.-based advertising; and
Your Online Choices website for EU-based advertising.
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Information From Third-Party Sources.
Some third parties provide us with Personal Information about you, such
as the following:
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Account information for third party services. To the extent
applicable, if you interact with a third party service when using the
Service, such as if you use a third party service to log-in to the
Service (e.g., Facebook Connect), or if you share content from the
Service through a third party social media service, the third party
service will send us information about you, such as information from
your public profile, if the third party service and your account
settings allow such sharing. The information we receive will depend on
the policies and your account settings with the third-party service.
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Information from our advertising partners. We receive information
about you from some of our service providers who assist us with
marketing or promotional services related to how you interact with our
websites, applications, products, services, advertisements or
communications.
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NOTE REGARDING STATISTICAL DATA/SENSITIVE DATA. Aptly may ask for certain statistical data from you (including
age, education and socioeconomic status) while performing surveys
which will be purely voluntary and always subject to your express
consent. All such information will be collected anonymously by Aptly
for marketing demographic knowledge only. At no point will Aptly ask
for or process personal data revealing racial or ethnic origin,
political opinions, religious or philosophical beliefs, or trade
union membership, and the processing of genetic data, biometric data
for the purpose of uniquely identifying a natural person, data
concerning health, data relating to criminal convictions or data
concerning a user’s sex life or sexual orientation.
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HOW WE USE PERSONAL INFORMATION. We use your Personal Information in lawful, relevant, legitimate,
ways to provide a wide variety of services at your request and
better your experience with the Service. Specifically, we might use
your Personal Information for the following purposes:
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Performing general services and functionality, such as creating an
account for you, enabling you to use a Service, managing our email
suppression lists, processing your payments, confirming and tracking
your order, subscription or registration, analyzing trends and
statistics, providing updates and support where needed, administering
prize draws and competitions which you choose to enter – including
publishing the names of winners, if required, and tailoring the
features, performance and support of our services to you (and your
personalized recommendations).
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Third-Party Payment Processing. Payments, if any, that are required in
order to use the Service may be processed through a third-party
application, including the Apple App Store, Google Play App Store,
Amazon App Store (together with any similar applications, “App Stores”), Social Networking Sites (“SNS”) such as
Facebook, and other third-party payment processers. The third-party
application may collect certain financial information from you to
process a payment on behalf of Aptly, including your name, email
address, address and other billing information.
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Determining your geographic location and demographic information,
providing localized content, providing you with customized and
personalized recommendations, determining your Internet service
provider, and helping us quickly and efficiently respond to inquiries
and requests.
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Communicating with you concerning our Service (for example by email,
push notifications text messaging, online messaging channels, pop-up
notifications and other methods), so that we can send you news about
the Service, updates about new Service features and/or content,
contests, sweepstakes, special offers, promotional announcements and
consumer surveys, and assisting you with operational requests such as
password reset requests.
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Information that’s been de-identified. We may de-identify your
Personal Information so that you are not identified as an individual
or household, and provide that information to our partners. We may
also provide aggregate usage information to our partners (or allow
partners to collect that information from you), who may use such
information to understand how often and in what ways people use the
Service, so that they, too, can provide you with an optimal online
experience. However, we never disclose aggregate usage or
de-identified information to a partner (or allow a partner to collect
such information) in a manner that would identify you as an individual
person.
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Agents. We employ other companies and people to perform tasks on our
behalf and need to share your information with them to provide
products or services to you; for example, we may use an analytics
company to provide us with insights about your use of the Service.
Unless we tell you differently, our agents do not have any right
to use the Personal Information we share with them beyond what is
necessary to assist us. Note that an “agent” may also be considered a
“partner” in certain circumstances, and would be subject to the terms
of the “Information that’s been de-identified” section in that regard.
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Providing technical support and sending service messages (for example,
to let you know if a new version of the Service is available), or if
there will be any maintenance carried out on a Service) and responding
to your requests, resolving disputes and/or troubleshooting problems.
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User Profiles and Submissions: Certain user profile information,
including your name may be displayed to other users; for example, if
you choose to share a comment on particular content, to the extent
that the Service offer such functionality. Please remember that any
content you upload to your public user profile, along with any
Personal Information or content that you voluntarily disclose online
in a manner other users can view (e.g. comment sections) becomes
publicly available, and can be collected and used by anyone.
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Enforcing our rights and terms of service and preventing, detecting
and investigating potentially prohibited or illegal activities,
including fraud, and enforcing our terms (this may include preventing
copyright infringement, protecting our customers against abuse,
determining free trial eligibility and any number of important
actions).
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Marketing our products and services (and those of third parties) to
you that we believe may be of interest to you based on your browsing
and viewing behavior and other demographic information we hold about
you. This may also involve sending marketing materials to you,
including content recommendations and special offers in accordance
with your chosen marketing preferences/choices.
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Analyzing your use of the Service, including user interface
experiences, to help us to understand how the service is used, analyze
and understand our audience, optimize content selection,
recommendation algorithms and delivery, thereby improving the Service
for everyone. This may include inviting you to participate in surveys,
user testing and panels.
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In certain instances, we may disclose your Personal Information when
we have reason to believe that it is necessary to identify, contact or
bring legal action against persons or entities who may be causing
injury to you, to Aptly or to others. Aptly may also disclose your
Personal Information when we believe the law requires it, as further
described in the Necessary Disclosures section below.
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We may also use your Personal Information to aggregate or anonymize
certain information that we collect from you to create anonymous
information records by excluding information that makes the
information personally identifiable to you. We reserve the right to
use anonymous information for any purpose, including but not limited
to: (i) analyzing reviews and consumption behavior to improve our
ratings; (ii) tracking logins to personalize your experience
(including by tailoring content to you); and (iii) enhancing the
Service and the content of our software.
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Emails. We may use your email address to notify you about customer
service information or answer your questions and requests. We may also
occasionally send you our email updates, sales notifications, or other
promotional information about our products and services or about the
products and services of our affiliated companies or trusted third
party partners in which you may be interested. We will not sell or
rent your email address to outside marketing companies. You will also
be automatically eligible to and may receive similar promotional
information via email from our affiliated companies and brands
regarding their special announcements such as information about that
brand’s products and services, sales and other promotions. You can
easily manage the frequency (or opt out completely) of receiving such
communication by clicking the “unsubscribe” link at the bottom of any
emails we send. Please note that we may send you important
Service-related communication (including information relating to your
account, transactional communications, or substantive issues that may
affect your experience with our services), even if you have
unsubscribed to marketing communications.
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Telephone Contact & Customer Service. If you provide us with your
phone number, you may receive telephone contact from us for customer
service communications. If you call our customer service number, we
may ask you for personal identification information, depending on the
nature of your request, to better assist you with your requests and
questions. We may retain this information to help meet your future
needs. We may occasionally use your phone number to contact you with
updates, sales notifications, or other promotional information about
our products and services or those of our affiliated companies or
trusted third party partners in which you may be interested. We may
also make your Personal Information available to our affiliated
companies and our other trusted third-party partners to enable them to
contact you directly with their promotional information, such as
information about their products and services, sales and other
promotions.
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Contests, Promotions, or Surveys. If you participate in a contest,
promotion, sweepstakes offering, or survey, whether via the Service,
online, over the phone, by mail or otherwise, we may use your Personal
Information to manage your entry in such promotion, to notify you if
you are a winner, or to fulfill promotional obligations. At the time
of your entry or registration for a specific promotion, survey,
contest, or sweepstakes, we will provide you with the rules governing
such promotion, survey, contest, or sweepstakes.
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HOW WE DISCLOSE PERSONAL INFORMATION. Personal Information as supplied by you to Aptly will not be
disclosed outside of Aptly except as described below and elsewhere
in this Privacy Policy.
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Third-party Service Providers. We may share your Personal Information
with our third-party service providers that help us provide a Service
we offer, such as third-party websites that offer a Service as part of
a “bundling” within their own services and third-party companies that
help us process payments for goods and services. Please note that
while a Service may be made available for subscription via third-party
websites and the information you provide to them in order to make such
transactions will be made available to them (as well as Aptly) for the
purposes of facilitating such transaction, each third-party website
has its own privacy policies, rules and regulations regarding its
acquisition, usage and protection of personal information. Please
visit that third-party site’s privacy policy for more information.
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Third Party Tracking Services: Aptly may allow third-party tracking
services such as Google Analytics to monitor the Service which may
involve the collection of Personal Information.
Click here for information as to how Google uses information from
sites or apps that use Google services.
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Affiliates: We may share some or all of your Personal Information with
our parent company, subsidiaries, joint ventures, or other companies
under a common control (“Affiliates”) in order to
best operate the Service and cater and market them to you according to
your interests and feedback. If we acquire additional Affiliates in
the future, we will require our Affiliates to honor this Privacy
Policy.
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Corporate Restructuring: In the occurrence of (or negotiation of) a
merger, financing deal, sale, dissolution, transfer, divestiture, or
disclosure of some or all of our assets, we may share some or all of
your Personal Information as is legally or contractually obligated, or
as required by virtue of such Personal Information becoming
transferred as a business asset in the event of insolvency,
bankruptcy, or receivership. If any of the above were to occur, and
our company, business and/or assets are acquired by a third party,
such third party will assume all right and responsibility to your
Personal Information as set forth in this Privacy Policy.
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Necessary Disclosures. Please be advised that, regardless of the
choices you make regarding your Personal Information, Aptly may be
required to disclose such Personal Information as necessary to comply
with any current or future state, federal or international laws and
regulations, to cooperate with a legal investigation(s), subpoena(s)
or warrants served on Aptly, to defend our rights, property (including
copyright) or our users (including you) and to investigate or assist
in preventing any violation of the state, federal or international law
(potential or actual), Aptly’s Privacy Policy, or Aptly’s Terms of
Use.
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Third-Party Providers. We may share your Personal Information with
third-parties that provide services to Aptly including, without
limitation:
- Payment processors
- Ad networks
- Analytics service providers
- Staff augmentation and contract personnel
- Hosting service providers
- Co-location service providers
- Telecommunications service providers
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We also share Personal Information when necessary to complete a
transaction initiated or authorized by you or provide you with a
product or service you have requested. In addition to those set
forth above, these parties may include (to the extent applicable):
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Other users (where you post information publicly or as otherwise
necessary to effect a transaction initiated or authorized by you
through the Service)
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Social media services (if you interact with them through your use of
the Service)
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Third party business partners who you access through the Service
- Other parties authorized by you
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With Consent. Without limiting the foregoing, we also share
information (Personal Information and/or otherwise) with third-parties
for other purposes when you give us consent to do so.
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CATEGORIES OF PERSONAL INFORMATION SHARED. The disclosures referenced above involve the following categories
of information:
- identifiers;
- transactional information;
- financial information;
- communications content;
- demographics;
- content preferences;
- location information;
- inferences about your preferences or other characteristics; and
- internet or other electronic activity information.
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RETENTION OF PERSONALLY IDENTIFIABLE INFORMATION. We keep your Personal Data for no longer than necessary for the
purposes for which the Personal Data is collected and processed. The
length of time we retain Personal Data for depends on the purposes
for which we collect and use it and/or as required to comply with
applicable laws and to establish, exercise, or defend our legal
rights.
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DO NOT TRACK. We do not respond to web browser “do not track” signals or other
mechanisms that provide a method to opt out of the collection of
information across the networks of websites and online services in
which we participate. If we do so in the future, we will describe
how we do so in this Policy. Visit https://allaboutdnt.com/for more
information on this developing area.
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NOTE REGARDING SOCIAL NETWORKING. Aptly does not share your Personal Information with any social
networking service (“SNS”) such as Facebook or Twitter. You may voluntarily contribute
information, feedback and commentary to an SNS. However, if you
choose to share information or post content to these sites regarding
the Service, you are solely responsible for your use of those
websites. It will be your responsibility to follow the terms of use
of such third-party website and review their privacy policy. We
cannot and will not in any way be responsible for any activity that
occurs on such SNS, including your own activity or use of such
website.
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FACEBOOK CONNECT AND OTHER OAUTH SERVICES. Aptly may integrate with Facebook Connect and/or other
third-party log-in services (“OAuth Services”) to facilitate your log-in and use of the Services. You are not
required to use any OAuth Services in connection with Aptly’s
Services but, should you elect to do so, please take the time to
review the terms of service and privacy policy of such OAuth Service
so that you understand the information collected by such OAuth
Service and how it is used.
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NOTE REGARDING LINKS TO THIRD-PARTY SITES. The Service may contain links to web sites and/or apps operated
and maintained by third parties. In addition, such third-party sites
may reference, advertise, or link to the Service. Aptly has no
control over these third-party web sites. Privacy policies on such
linked sites may be different from our Privacy Policy. Aptly does
not endorse or sponsor other web sites, is not responsible for the
privacy practices or the content of such websites, expressly
disclaims any statements or assertions made on such web sites, and
denies all liability associated with your use of, and the content
on, such other sites and advertisement. You access such linked sites
at your own risk. You should always read the privacy policy of a
linked site before disclosing any Personal Information on such site.
Any use of Personal Information by a third-party entity will
be governed by that entity’s privacy policy. If you want to change
how information is used on that company’s website, you must do so
directly with that company.
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EDITING, CORRECTING AND DELETING PERSONAL INFORMATION. You can access and modify certain Personal Information associated
with your Account through your Account settings. You can request
access to your Personal Information, or correct inaccurate Personal
Information by contacting
support@aptly.co. Aptly will promptly delete any personally identifiable Personal
Information if you specifically request its immediate deletion at the
time you stop using the Service by contacting support@aptly.co;
provided that, Aptly may reject requests that are unreasonable or not
required by law, including, without limitation, those that could
require disproportionate technical effort; would be extremely
impractical; could expose Aptly to operational risks such as free
trial fraud; to retain information that is required or may be required
to resolve disputes, troubleshoot problems or assist with any
investigations or to enforce the Aptly Terms of Use, and take other
actions otherwise permitted by law. Notwithstanding the forgoing,
Aptly may keep an anonymized form of your Personal Information for a
longer period, but such data will not be connected to you. Aptly’s
payment partners will keep certain payment information for as long as
required by law.
Please remember that if you delete certain Personal Information you may
not be able to continue to use the Service or access certain
functionality of the Service without entering additional information.
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CALIFORNIA PRIVACY RIGHTS. California residents have
the right to request access to or deletion of their personal
information and may not be discriminated against because they exercise
any of their rights under the California Consumer Privacy Act
(“CCPA”). You can make requests by sending an email
to
support@aptly.co with details of your specific request. We may ask that you
provide certain information to verify your identity, and the
information we request from you will depend on your prior interactions
with us and the sensitivity of the personal information at issue. Once
confirmed, we will respond to your request in accordance with the
CCPA. If we deny your request, we will explain why.
You may designate an authorized agent to make a request under the CCPA
on your behalf if: (1) the authorized agent is a natural person or a
business entity registered with the Secretary of State of California;
and (2) you sign a written declaration that you authorize the authorized
agent to act on your behalf. We may ask that you provide certain
information to verify your identity and that you authorized the
authorized agent to act on your behalf. If you provide an authorized
agent with power of attorney pursuant to Probate Code sections 4000 to
4465, it may not be necessary to perform these steps and we will respond
to any request from such authorized agent in accordance with the CCPA.
California residents also have the right to opt out of the sale of their
personal information; Aptly does not provide this option as we do not
sell your personal information. If you have any questions or concerns
regarding this CCPA Notice, please email us at
support@aptly.co.
- YOUR CHOICES.
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You can always opt not to disclose information to us, but keep in mind
some information may be needed to register with us or to take
advantage of some of our features. You may be able to add, update, or
delete information as explained above. When you update
information, however, we may maintain a copy of the unrevised
information in our records. You may request deletion of your
account by emailing support@aptly.co. Some information may remain in
our records after your deletion of such information from your account.
We may use any aggregated data derived from or incorporating your
Personal Information after you update or delete it, but not in a
manner that would identify you personally. You have the following
choices regarding how Aptly and third parties use certain Personal
Information collected from or about you:
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Elect Not to Provide Personal Information. You may always choose not
to provide Personal Information, even though it might be needed to use
the Service or certain features of the Service.
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Email. If you no longer want to receive certain communications from us
via email simply click the “unsubscribe” link in the email.
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Interest-Based Ads. If you are using a browser or a mobile device,
tablet, or streaming media device, then cookies, web beacons, and
advertising identifiers can be used to collect information to help
determine your likely interests via interest-based ads. You can set
the preferences of your browser to inform you when cookies or web
beacons are sent, which will provide you with an opportunity to either
accept or deny them. Please review your browser settings and
instructions (generally via a “Help” or “Settings” tab) to gain a
better understanding of how to track and manage cookies. Please note,
however, that some of the Service operations may not function properly
if you choose to block certain cookies. To opt out of interest-based
ads from Aptly in connection with an advertising identifier on a
mobile device, tablet, or streaming media devices, please configure
the appropriate setting on your device (usually found under “privacy”
or “ads” in your device’s settings). Note that changing any of these
settings does not prevent the display of certain advertisements to you
that are not interest-based.
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PROTECTING CHILDREN. The Service is intended for
general audiences ages 17 and older. We do not knowingly collect
Personal Information from audience under 17. If you become aware that
a child has provided us with Personal Information without parental
consent, please contact us at
support@aptly.co. If we become aware that an individual under 17 has provided us with
Personal Information without parental consent, we take steps to remove
such information and terminate the account. We urge parents and
guardians to participate in their children’s online activities and use
parental control or other web filtering technology to supervise
children’s access to the web.
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SECURITY. We use commercially reasonable encryption and authentication
tools to protect the security of your Personal Information that you
share with us. Unfortunately, however, no data transmission over the
Internet can be guaranteed to be 100% secure. As a result, while we
strive to protect your Personal Information, we cannot guarantee or
warrant the security of any information you transmit to or from the
Service, and you do so at your own risk. We urge you to keep your
password in a safe place and not to divulge it to anyone. Also
remember to sign off your account and close the Service when you
have finished using the Service. Please refer to the U.S. Federal
Trade Commission’s website for information on how to protect
yourself from identity theft. Should Aptly experience a data breach
involving your Personal Information, we will use reasonable
commercial efforts to notify you of such breach (subject to your
communication preferences).
Personal Information about our customers is an important part of our
business, and we are not in the business of selling it to others. Except
as specifically set forth herein, we will never sell your Personal
Information to any third-party under any circumstances without warning
you in advance, changing this Privacy Policy, and giving you the option
to approve or deny such settings.
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EU RESIDENTS. If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have
additional rights under the EU General Data Protection Regulation
(the “GDPR”) with respect to your Personal Information, as outlined below.
For this section, we use the terms “Personal Information” and
“processing” as they are defined in the GDPR, but “Personal Information”
generally means information that can be used to individually identify a
person, and “processing” generally covers actions that can be performed
in connection with data such as collection, use, storage and disclosure.
Aptly will be the controller (as defined in the GDPR) of your Personal
Information processed in connection with the Services.
This section 18 incorporates all of the other provisions of this
Privacy Policy. If there are any conflicts between this section and
any other provision of this Privacy Policy, the policy or portion that
is more protective of Personal Information shall control to the extent
of such conflict. If you have any questions about this section
or whether any of the following applies to you, please contact us at support@aptly.co.
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How We Collect Your Personal Information. Please see section 3 of this Privacy Policy.
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How We Use Your Personal Information. Please see section 5 of this Privacy Policy.
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How We Share Your Personal Information. Please see section 6 of this Privacy Policy.
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Lawful Basis for Processing.
We will only process your Personal Information if we have a lawful
basis for doing so. Lawful bases for processing include consent,
contractual necessity and our “legitimate interests” or the
legitimate interest of others, as further described below.
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Legitimate Interest: We process the following categories of Personal
Information when we believe it furthers the legitimate interest of
us or third parties.
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To perform a contract: We process data to perform a contract with you or to take steps
at your request prior to entering into a contract. In detail, the
purposes of data processing depend on the specific business
relationship with you or the specific commission.
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Consent: In some cases, we process Personal Information
based on the consent you expressly grant to us at the time we
collect such data. When we process Personal Information based
on your consent, it will be expressly indicated to you at the point
and time of collection.
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Other Processing Grounds: From time to time we may also need to process Personal
Information to comply with a legal obligation, if it is necessary to
protect the vital interests of you or other data subjects, or if it
is necessary for a task carried out in the public interest.
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How Long Do We Retain Your Personal Information? We retain Personal Information about you as long as you have
an open account with us and for 3 months after you close your
account. In some cases, we retain Personal Information for
longer, if doing so is necessary to comply with our legal
obligations, resolve disputes or collect fees owed, or is otherwise
permitted or required by applicable law, rule or regulation.
Afterwards, we retain some information in a depersonalized or
aggregated form but not in a way that would identify you
personally.
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Personal Information of Children: We do not knowingly collect or solicit Personal Information from
anyone under the age of 17 in the EU. If you are under age 17
and reside in the EU, please do not attempt to register for the
Service or send any Personal Information about yourself to us.
If we learn that we have collected Personal Information from
an EU resident under age 17, we will delete that information as
quickly as possible. If you believe that an EU resident under age 17
may have provided us Personal Information, please contact us at support@aptly.co.
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What Rights Do You Have Regarding Your Personal Information?
You have certain rights with respect to your Personal Information,
including those set forth below. For more information about
these rights, or to submit a request, please email
support@aptly.co Please note that in some circumstances, we may not be able to fully
comply with your request, such as if it is frivolous or extremely
impractical, if it jeopardizes the rights of others, or if it is not
required by law, but in those circumstances, we will still respond to
notify you of such a decision. In some cases, we may also need
to you to provide us with additional information, which may include
Personal Information, if necessary to verify your identity and the
nature of your request.
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Access: You can request more information about the Personal
Information we hold about you and request a copy of such Personal
Information.
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Rectification: If you believe that any Personal Information we are holding
about you is incorrect or incomplete, you can request that we
correct or supplement such data.
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Erasure: You can request that we erase some or all of your Personal
Information from our systems.
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Withdrawal of Consent: If we are processing your Personal Information based on your
consent (as indicated at the time of collection of such data), you
have the right to withdraw your consent at any time. Please note,
however, that if you exercise this right, you may have to then
provide express consent on a case-by-case basis for the use or
disclosure of certain of your Personal Information, if such use or
disclosure is necessary to enable you to utilize some or all of the
Service.
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Portability: You can ask for a copy of your Personal Information in
a machine-readable format. You can also request that we
transmit the data to another controller where technically
feasible.
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Objection: You can contact us to let us know that you object to the
further use or disclosure of your Personal Information for certain
purposes, such as for direct marketing purposes.
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Restriction of Processing: You can ask us to restrict further processing of your
Personal Information.
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Right to File Complaint: You have the right to lodge a complaint about Aptly’s
practices with respect to your Personal Information with the
supervisory authority of your country or EU Member State.
If you wish to exercise any of the rights set out above, please
contact us at support@aptly.co.
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Transfers of Personal Information: Your Personal Information may be transferred to, and maintained on,
computers located outside of your state, province, country or other
governmental jurisdiction where the privacy laws may not be as
protective as those in your jurisdiction. If you’re located outside
the United States and choose to provide your Personal Information to
us, we may transfer your Personal Information to the United States
and process it there. By choosing to use the App, utilize the
Services or otherwise provide information to us, you agree that any
dispute over privacy or the terms contained in this Privacy Policy
will be governed by the laws of the United States and the State of
California, and the adjudication of any disputes arising in
connection with Aptly or the Site will be in accordance with the
Terms.
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What If You Have Questions Regarding Your Personal Information?
If you have any questions about this section or our data practices
generally, please feel free to contact us at
support@aptly.co.
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GOVERNING LAW; RESOLUTION OF DISPUTES BY BINDING ARBITRATION. This Privacy Policy and all disputes arising hereunder or
relating hereto or with respect to the Service shall be governed by
the laws of the State of California without regard to conflicts of
laws principles. You and we agree that all questions, disputes, controversies or
claims between us shall be submitted to binding arbitration in
accordance with the terms of the Federal Arbitration Act. YOU HEREBY
WAIVE YOUR RIGHT TO A COURT OR JURY TRIAL.
This agreement to arbitrate applies to, but is not limited to, all
disputes regarding the construction or application of this Privacy
Policy, all claims arising under federal, state, or local statutory
or common law, including, without limitation, claims of breach of
promise[s], breach of contract or breach of the covenant of good
faith and fair dealing, tort claims, sexual harassment claims and
any and all other claims of illegality or breach of any right which
you might hold against us, under this Privacy Policy or
otherwise.
The arbitration shall be administered by the American Arbitration
Association (AAA) in accordance with its rules and procedures. The
arbitration shall take place in San Jose, California before a single
neutral arbitrator from the panel of AAA. The Rules of Evidence of the
State of California, including the rules relating to hearsay, will apply
to the arbitration. The arbitrator shall issue a written decision and
award including the essential findings and conclusions on which the
award is based. The opinion and award will decide all issues submitted
and shall be final and binding to the fullest extent permitted by law
and will be enforceable by any court having jurisdiction. To the extent
allowed by California law, the arbitrator shall be required to follow
all applicable substantive law. The arbitrator shall grant any legally
meritorious motion for summary judgment presented by any party. The
prevailing party shall have its arbitration fees, attorneys’ fees,
expert fees, consulting fees, and all other associated and related costs
paid for by the other party and the arbitrator’s opinion and order shall
so state. The arbitrator shall be permitted to award those remedies, in
law or equity, which are requested by the parties and which the
arbitrator determines to be supported by credible and relevant evidence
presented. The party who prevails in any arbitration may seek to have
the arbitrator’s award confirmed as a judgment in any court of competent
jurisdiction. The arbitration shall be private and confidential.
As a material inducement to Aptly to provide the Service to you, you
hereby waive, to the fullest extent permitted by law, the right to
institute, prosecute or join any class action case against Aptly, even
if the rules of the AAA would otherwise allow for such. Accordingly, the arbitrator may award money or injunctive relief only
in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party's individual claim.
No class or representative or private attorney general theories of
liability or prayers for relief may be maintained in any arbitration
held under this agreement. Any question regarding the enforceability or
interpretation of this paragraph shall be decided by a court and not the
arbitrator.
In the event that the foregoing arbitration provisions are not valid in
any particular jurisdiction, then you and Aptly hereby agree that the
exclusive venue to litigate any and all disputes hereunder or relating
to the Services shall be the state or federal courts located in San
Jose, California.
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POLICY UPDATES. Aptly has the right to update this Privacy Policy at any time.
You should check this Privacy Policy each time you provide Personal
Information to us. The date of the most recent revision will appear
at the top of this page. All changes to this Privacy Policy will go
into effect on the date posted at the top of the Privacy Policy. The
new policy will apply to all current and past users of the Service
and will replace any prior policies which are inconsistent. Your
continued use of the Service after the posting will constitute
acceptance of, and agreement to be bound by, those changes.
Additionally, you will be deemed to have consented to the disclosure
to, and use by, a subsequent owner or operator of the Service, of
any information about you contained in the applicable Aptly
database, if Aptly or one of its companies assigns its rights and
obligations regarding any of your information at the time of a
merger, acquisition, or sale of all or substantially all of Aptly ‘s
or such Aptly company’s assets related to the applicable site or
service to a subsequent owner or operator. In the event of such a
merger, acquisition, or sale, your continued use of the Service
signifies your agreement to be bound by the Privacy Policy and other
terms and conditions (if any) of the Service’s subsequent owner or
operator.
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APTLY’S DATA PROTECTION OFFICER (FEEDBACK / CONTACT US). For questions specifically concerning this Privacy Policy, to help
us improve our Privacy Policy, to review, change or delete certain
Personal Information, to request information to which you are legally
entitled or to express any questions, concerns or complaints regarding
Aptly’s collection and use of your Personal Information please contact
us at
support@aptly.co.