Table of Contents
A. Background Information
B. Word from Clowder
Clowder™ is committed to providing superior service to all of our customers and visitors, particularly with respect to their privacy concerns. We understand that you may have questions about how the Clowder Applications, Website, and the Services collect and use your information; we have prepared this statement to inform you of the governing privacy principles.
Clowder™ may also be required by law enforcement or judicial authorities to provide personally identifiable information to appropriate governmental authorities. If requested by law enforcement or judicial authorities, Clowder™ will provide this information upon receipt of appropriate documentation. Clowder™ may also provide information to law enforcement to protect its property and the health and safety of individuals as permitted by statute.
C. Information We Collect
Information We Collect Through Applications and Information Made Available by Client
The Clowder Applications may be used by users with User Accounts (“Registered Users”) as well as users without User Accounts (“Unregistered Users”). However, Clowder Applications’ functionality may be significantly limited or unavailable for Unregistered Users. The Clowder Application will only be available to Registered Users who have provided or made available all of the required Membership Data to the Client.
As a Registered User, you may also be permitted to provide your exact location if you choose to enable your mobile device to send us and other Registered Users such information. We may use and store this information to provide certain Services, such as tagging the uploaded User Content with your location and may otherwise use this information to improve your experience with the Services and to provide you with additional functionality.
The Membership Data and/or personally identifiable information described above, may also be provided or made available by Client to Clowder™, which then, in turn is being populated into the accounts of the Registered Users for purposes of creating, operating, and updating the Applications.
Information We Collect Through the Website
The Website does not collect personally identifiable information from your computer when you browse the Website and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with your personally identifiable information (such as by sending an e-mail to Clowder™), Clowder™ will not know your name, your e-mail address, or any other personally identifiable information when you browse the Website.
When you use the Website, Clowder™ or trusted third parties authorized by Clowder™ may also collect certain technical and routing information about your computer (also known as environmental variables) to facilitate your use of the Website and the Services enabled thereby. When you browse the Internet, your Internet browser (such as Mozilla Firefox, Google Chrome, or Microsoft Internet Explorer) automatically transmits some information to Clowder™ every time you access content on one of our internet domains. Examples of such information include the URL of the particular Web page you visited, the IP (Internet Protocol) address of the computer you are using, or the browser version that you are using to access the Website. All of this information may be collected by Clowder™ and used to help improve our offerings to you.
The Applications and Services allow Registered Users to upload content to share with other users (“User Content”). Because the Applications are social networking, entertainment, and/or membership engagement tools, some of the information you provide to us when uploading User Content may be made public. This includes information provided along with User Content, such as the date and time that the User Content was posted, as well as User Content that you like and dislike or comment on, or other public interactions in the Services. Furthermore, other Registered Users may “follow” your User Account and thereby access all information you have made public.
Providing Information to Clowder™
You never have to provide personally identifiable information to Clowder™. However, should you choose to withhold certain required information, Clowder™ may not be able to provide you with some or all of the Services. For instance, a User Account is necessary to enjoy all of the Clowder Application’s features. Some of the information we ask you to provide may be identified as mandatory or optional. If you do not provide the mandatory information with respect to a particular activity, you may not be able to engage in that activity or make such a purchase. Clowder™ will inform you of the mandatory or optional nature of the requested or required information.
When you submit personal information to Clowder™ through the Applications or Website, you understand and agree that this information may be transferred across international boundaries and may be stored and processed in any of the countries in which Clowder™ and its affiliates and subsidiaries maintain offices or web hosting servers. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by trusted vendors of Clowder™. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties.
You may be provided an opportunity to subscribe to periodic newsletters and product updates provided by Clowder’s advertisers and trusted partners. These newsletters and product updates are marketing tools that allow Clowder’s advertisers to inform you of new services, products, and updates, as well as other news which may be relevant to you. Subscription to such newsletters may require you to provide your first and last name, your email address, and other information. You will be given the opportunity to choose the type of information such advertisers will provide to you and you will be provided with an opportunity to opt-out from receiving such information by either making appropriate choice in your User Account or by writing to email@example.com
Clowder™ encourages all users of the Applications to sign up for User Accounts in order to access the full range of features offered by the Applications. When registering for a User Account, Clowder™ will ask you to provide certain information. Such information may include Membership Data and/or other personally identifiable information. Additionally, for some of Clowder Applications, if and as such functionality is available, you may log into the Clowder Application using an authorized third party social network account, such as a Facebook or Instagram account. In the event that you log into the Clowder Application using a third party social network account, Clowder™ may collect certain information from your third party social network account profile as well as information regarding your activities on the third party social network. It is completely optional for you to register for a User Account or engage in activities requiring a User Account.
Once you create a User Account, you will be deemed a Registered User and will be able to access, review, and update your User Account information through the Clowder Application. You may also request to access and change your personal information and privacy preferences by contacting us at firstname.lastname@example.org
If you wish to deactivate your User Account, you can do so by contacting Clowder™ at email@example.com and/or the Client as indicated on the “Contact Us” information in the Application. When you deactivate your User Account, some or all of the information stored and maintained as part of your account may be retained from our servers, including the User Content uploaded via the Clowder Application and Services.
Third Party Websites and Services
The Applications and Website may contain links to websites owned and operated by third parties. Such links are presented for your convenience and information. Clowder™ does not control these third party websites and is not responsible for their privacy practices or content. Clowder™ does not control the information collection and distribution policies on such websites other than those that are under the control of Clowder™ itself. Content on third party websites may not reflect products, services, and/or information provided by Clowder™. Third parties may also set their own cookies and/or use web beacons, which may be used to identify some of your preferences or to recognize you if you have previously had contact these third parties. Clowder™ does not control the use of such technology by third parties, the information they collect, or how they use such information. You should direct all concerns regarding any third-party website to the site administrator or webmaster of such website
Clowder™ also uses third party advertising companies to serve ads when you visit the Website or the Application. These companies may use general information about your visits to the Website or the Application as well as other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and your choices as to not having your information used by these companies, please direct such concerns to the respective company’s administrator or webmaster.
Third Party Applications
Information Relating to Children
The Children's Online Privacy Protection Act (COPPA) was passed by the U.S. Congress in November 1998. COPPA provides parents with specific rights regarding their children's privacy. For additional information and resources on COPPA, please visit the Federal Trade Commission Website at http://www.ftc.gov/ . The Clowder Applications, Website, and Services are not directed at children under 13 years of age and, therefore, COPPA does not apply. However, we recognize that children under the age of 13 may access the Clowder Application, Website, and Services. The collection of information from such users is covered above. Parents and legal Guardians may request us to review, delete, or stop the collection of the personally identifiable information of their child. You may do so by contacting us by letter (using the address information provided at the bottom of this page) or e-mail, at firstname.lastname@example.org .
Cookies and Web Beacons
The Website uses “cookie” and “web beacon” technology. “Cookies” are short pieces of data generated by a web server that a website stores on a user’s computer. Certain pages on our Website may require the use of a cookie for purposes of keeping information you enter on multiple pages together. Cookies also enable us to customize our Website and offerings to your needs and provide you with a better online experience with us. In addition, cookies are used to:
In addition, the service providers we use to serve and host our advertisements, and/or deliver our e-mails use session and persistent cookies, to track the number of times the Website is accessed and whether the site was accessed from an advertisement. There are no cookies in the advertisements or e-mails. A cookie is placed on your computer only if and when you click on an advertisement or open the e-mail. The cookie generated from the advertisement or e-mail does not contain any personally identifiable information and will remain on your hard drive until you delete it.
You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so may adversely affect your ability to perform certain transactions, use certain functionality and access certain content on our Website. Web beacons are used in combination with cookies to help website operators understand how visitors interact with their websites. A web beacon is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site. As opposed to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. These web beacons are not tied to personally identifiable information. The use of a web beacons allows the site to measure the actions of the visitor opening the page that contains the web beacon. It makes it easier to follow and record the activities of a recognized browser, such as the path of pages visited at a website. Clowder™ uses the information provided by web beacons to develop a better understanding of how the Website’s visitors use the Website, and to facilitate those visitors' interactions with the Website. Clowder™ may make the aggregate data obtained from web analytics (including from our third party analytics providers, if applicable) publicly available. If this data is made available, none of the information will be personally identifying information or potentially-personally identifying information.
D. Purpose for Processing/Use of Information
How Your Personal Information Is Processed/Used
Disclosure of Information to Third Parties
In operating the Clowder Applications, Website, and Services, Clowder™ may engage third parties, such as e-mail service providers, purchase shipping and order processing merchants, and marketing companies that act as independent contractors on behalf of Clowder™. These parties are contractually prohibited from using your personally identifiable information for any purpose other than for the purpose Clowder™ specifies.
Disclosure of Information to Other Users
Through the use of the Clowder Applications, Website, and Services, you may have the option to disclose personally identifiable information about yourself to other users. Certain personally identifiable information you disclose may be available to all users, such as information in your publicly-accessible account profile (“Public Information”). Other personally identifiable information may be intended only for particular users (“Private Information”), such as a private correspondence to such users. Any disclosure of Public Information or Private Information is undertaken willingly by you and you agree that Clowder™ is not responsible for the contents or consequences of any such disclosure. Clowder™ encourages you to exercise extreme caution when disclosing any information about yourself to other users, especially Private Information. Although Clowder™ will not disclose your Private Information, you agree that Clowder™ is not responsible for any consequence whatsoever of your willing disclosure of Private Information or Public Information to other users.
Securing the Transmission and Storage of Information
A password is used to help protect your accounts and personal information. It is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving any site or service to protect access to your information from subsequent users.
Effect of Change in Control
In the event that all or substantially all of Clowder’s stock and/or all or substantially all assets are transferred or sold to another entity, Clowder™ may transfer personally identifiable information to the acquiring entity. If, as a result of such business transition, your personally identifiable information will be used in a materially different manner than as described herein, you will be given a choice consistent with our policy regarding notification of changes.
E. Choices Available to You
Opt-In and Disclosure
You may always choose whether or not to disclose personally identifiable information and that choice will not prevent you from using the Website and having limited access to the Applications and Services. Please note, however, if you should choose to withhold certain requested information, we may not be able to provide you with some or all of the Services dependent upon the collection of this information. You will be given an opportunity to “opt-in” and make your preference choices for any items that are optional and which are not prerequisite for our rendering such services.
You can choose at any time to opt-out of receiving emails from Clowder™ by clicking the unsubscribe link at the bottom of any email you receive from Clowder™ or by contacting Clowder™ directly at email@example.com . If you elect to opt-out, we will not, as applicable, share your personal information with third parties or send you emails. However, we may continue to use your personal information for internal purposes, to enhance your user experience or as necessary to administer the site or comply with applicable law.
Registration Email and Contact by Clowder™
We reserve the right to send a one-time registration confirmation e-mail, and infrequent service alert messages to users to inform them of specific changes that may impact their ability to use a service they have previously signed up for, regardless of email contact opt-in status. We also reserve the right to contact you if compelled to do so as part of a legal proceeding or if there has been a violation of any applicable licensing, warranty, or purchase agreements. Clowder™ is retaining this right because in limited cases we feel that we may need to contact you as a matter of law or regarding matters that will be important to you. This does not allow us to contact you to market a new or existing service if you have asked us not to do so, and issuance of these types of communications is rare.
To ensure that your request is honored, you must provide Clowder™ with information sufficient for us to accurately identify and access your records. The information we require is your full name, address and the email address you provided to Clowder™ when you requested services or products. Clowder™ reserves the right to contact you to verify that we have accurately identified your record.
If you are a California resident, you can request a notice disclosing the categories of personal information that we may share with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please submit your request to firstname.lastname@example.org . Please allow 30 days for a response. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer such a request.
F. Rights of European Users under the GDPR
Clowder™ complies with the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC” (General Data Protection Regulation) (“GDPR”). If you are a natural person (“Qualified Individual”) of the European Union within the meaning of the GDPR, you are afforded certain additional rights by the GDPR as further described within this section.
When Clowder™ receives your Membership Data from Clients, it functions as a Data Processor, as defined by the GDPR, and will maintain and process the data according to instruction from the Client or its own standards. If and when Clowder™ operates solely as a Data Processor, the Client of which you are an employee, member, or customer is then Data Controller. You can contact the Client through the contact information provided in each Client’s Clowder Application by accessing the settings.
Legal Basis for Processing
Art. 6(1) a. of the GDPR serves as the legal basis for processing operations for which we obtain consent for a processing purpose. If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, when processing operations are necessary to provide a service, the processing is based on Article 6(1) b. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) c. If the processing of personal data may be necessary to protect your vital interests or of another natural person, then the processing is based on Art. 6(1) d. Finally, processing operations could be based on Article 6(1) f., if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by your fundamental rights and freedoms under the GDPR.
(i) Right of Confirmation
You may obtain confirmation of whether or not your personal data is being processed. If you wish to exercise your right of confirmation, you may contact Clowder™ and/or its Data Protection Officer.
(ii) Right of Access
You may obtain from information about your stored personal data at any time and a copy of this information. If you wish to exercise your right of access, you may contact Clowder™, Client and/or their respective Data Protection Officer.
(iii) Right to Rectification
You may request the rectification of inaccurate personal data. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, by means of providing a supplementary statement. If you wish to exercise your right of rectification, you may contact Clowder™, Client and/or their respective Data Protection Officer.
(iv) Right to Erasure (Right to be Forgotten)
You may request the erasure of your personal information by contacting Clowder™, Client and/or their respective Data Protection Officer. Furthermore, you may delete your User Account information by accessing your User Account settings page on the Applications. Please note that while any changes you make will be reflected in active user databases within a reasonable time, we may retain all information you submit for the prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so, such as for archiving purposes within the public interest.
(v) Right of Restriction of Processing
You have the right to restrict processing where one of the following applies:
(vi) Right to Data Portability
You may request to receive your personal data in a structured, commonly used and machine-readable format. You have the right to transmit this data to another controller without interference.
Furthermore, you may have the personal data transmitted directly from one controller to another, where technically feasible and does not adversely affect the rights and freedoms of others.
(vii) Right to Object to Automated Decision Making
You may object to decisions based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects you, as long as the decision is not is necessary for entering into, or performance of, a contract between you and Clowder™ and/or Client; or is not authorized by European Union or Member State law to which you are subject; or is not based on the data subject’s explicit consent.
(viii) Right to Objection to Processing
You may object to the processing of your personal data, unless there are legitimate grounds for the processing within the public interest, or for the establishment, exercise or defense of legal claims.
If Clowder™ processes personal data for direct marketing purposes, you shall have the right to object at any time to the processing of your personal data for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If you object to Clowder™ to the processing for direct marketing purposes, then we will no longer process the personal data for these purposes.
We only retain the personally identifiable information about you for as long as your User Account remains active or for a limited period of time as long as we need it to provide you with services or otherwise fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, archival purposes, resolve disputes, and enforce our agreements.
Cross Border Data Transfers
If and when sharing of information sometimes involves cross-border data transfers, for instance to the United States of America and other jurisdictions. Where the Applications allow for users to be located in the European Union, their personal information is transferred to countries outside of the EU. We use EU Standard Contract Clauses or other suitable safeguards to permit data transfers from the EU to other countries. The Standard Contractual Clauses commit companies transferring and receiving your personal information to protecting the privacy and security of your data.
Data Protection Officer
Andrew Knyazev – email@example.com
G. Privacy Related Inquiries and Complaints
Please note that if you provide Clowder™ with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact you with marketing offers and indicating on another occasion that they may not), Clowder™ cannot guarantee that your most recent privacy preference will be honored.
Copyright © 2018 Clowder™. All rights reserved. The Applications, Website, Services and accompanying products and documentation are the copyrighted property of Clowder™ and/or its licensors and protected by copyright laws and international intellectual property treaties. Clowder™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Clowder™. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Clowder’s or third parties’ trademarks or logos without the prior written consent of Clowder™ or the applicable trademark owner is strictly prohibited.