For the purpose of complying with various Data Protection Laws (as defined below) in effect where many of our users may be based, such as (but not limited to) the California Consumer Privacy Act (CCPA), the Canada Personal Data Protection and Electronic
“CCPA” means California Consumer Privacy Act
“Data Protection Laws” means any applicable privacy law which may govern the user’s use of the Website.
“GDPR” means the General Data Protection Regulations of the European Union
“Owner” refers to the owner of the Website, as described in the preamble.
“PIPEDA” means Personal Data Protection and Electronic Documents Act of Canada
“Personal Information” or “Personal Data” means any information which can be used to personally identify an individual, as well as the specific definitions of Personal Information described under any applicable Data Protection Laws.
“Processing”, “Process” or “Processed” refers to the use of Personal Information by us.
“User” means the individual accessing the Website and its services.
“Website” refers to www.softailed.com
1. Purposes and Uses of Data Transfer
1.1 The Owner, via the Website, collects some personal data from its Users (“Personal Data”).
1.2 Data transfer outside the EU. Data transfer abroad is based on consent and is carried out in compliance with the GDPR. We shall only transfer your data outside the EU for the purpose of providing access to this Website and any products or services offered to you through this Website, and by using our services, accessing the Website, or registering an account, you consent to the transfer of such data outside the EU as described hereunder. Such data transfer will be to third parties who maintain confidentiality requirements and data protection capabilities sufficient to protect and secure your data, if this is at all required, or otherwise for storage or processing on the Owner’s own operated, controlled and owned data processing server. By registering an account with us, you hereby agree to allow your data to be transferred outside the EU, and in particular to the Owner’s data processing server operating from the United States of America, for the reasons described in this paragraph, and subject to the terms described herein.
1.3 If you want to specifically know how and to whom your data may be transferred to, please get in touch with us at [email protected]
2. Personal Data: various types of Data
We request various types of Personal Data from you, and can only receive such data if you provide it willingly and consent to its provision to us, when opening an account on this Website or procuring any product, service or content through this Website. Any use or transmittal of your data will only be completed once you are made completely aware of its use and transmittal, and then only with your consent. If you wish to know of any specific use of your data that may be undertaken by the Owner, please email us at [email protected]
2.2. Personal Data
Personal Data collected is defined by any applicable law which governs your use and access of this Website, and any such data which can be used to personally identify you, or which contains personally identifiable data about you. This can include your name, browsing habits, credit card details, address, passport or other identity information, and any other information specified by applicable law.
2.3 Information you provide to us: We collect all information which Users voluntarily provide to us through the Website or while interacting with us. This includes information provided:
- during registration;
- during correspondence, enquiries, support services, the making of payments, phone calls, or customer surveys;
- in the course of availing any products or services;
- via upload onto the Website in any way;
- via any chat text or other correspondence carried out via the Website or its accompanying applications, services or functions;
- if you register to receive our newsletter
2.4 The Personal Data we may collect includes without limitation:
- basic information such as your first and last name;
- contact information including email address and phone number;
- demographic information such as postal code, age, and gender;
- other relevant information (education, profession, work experience and preferences);
- your contact and other information and links to your social media profiles (if required);
- geographic location;
- login credentials for third-party websites;
- insurance information (if required);
- other information obtained by your use of the Website and its accompanying applications, services or functions; and
- any other information that enables Users to be personally identified.
2.6 Information we obtain from others: We may also collect or receive Personal Data from third-party sources, social media or other third-party integrations.
2.8 Why we Collect Personal Data: We may collect, hold, use and disclose your Personal Data for the following purposes:
a) to enable you to access and use our Website, and allow you to interact with all services available therein, as well as those available on any accompanying/associated applications or functionalities;
b) to operate, protect, improve and optimise our Website, services, products, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
c) to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
d) to carry out our obligations and enforce our rights arising from any applicable agreement entered into between you and us, including billing and collection;
e) to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting; and
f) to comply with our legal obligations, resolve any disputes that we may have with any of our users, enforce our agreements with third parties and for anti-fraud purposes.
g) From time to time, we may use your Personal Data to send important notices, such as communications about purchases made, and changes made to our terms, conditions and policies. As this information is important to your interaction with us, you may not opt-out of receiving these communications.
h) The information we collect is not distributed, sold or leased to third parties for commercial purposes, except to provide services you have requested on the Website and its accompanying applications, or for other purposes when we have your permission or when we are obliged to do so.
i) We may disclose your Personal Data if we believe disclosure of your Personal Data is necessary or appropriate to protect the rights, property, or safety of the Owner, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud prevention and credit risk reduction. We limit our uses of data for anti-fraud purposes to those which are strictly necessary and within our assessed legitimate interests to protect our customers and our services.
j) You are not obligated to provide the Personal Data that we have requested, but, if you chose not to do so, in many cases we may not be able to provide you with our products or services or respond to any queries you may have.
3. CCPA: Collection of Personal Data about consumers aged 13 to 16, or older
We may collect Personal Data of consumers between the age of 13 and 16, as well as older Users, and will not sell your data unless you, as a User between the age of 13-16 or older, has given us express consent to do so.
4. CCPA: Collection of Personal Data about consumers below the age of 13
If we collect Personal Data of consumers below the age of 13 and won't sell their data unless their parents or guardians have provided us with express consent on behalf of those minors.
5. CCPA: Collection of Personal Data about minors
We do not knowingly collect Personal Data of consumers who are below the age of 18.
6. Pseudonymous use
When registering for this Website, Users may have the option to indicate a nickname or pseudonym. In this case, the Users' Personal Data shall not be published or made publicly available. Any activity performed by Users on this Website, if displayed at all, shall appear in connection with the indicated nickname or pseudonym. However, Users acknowledge and accept that their activity on this Website, including content, information or any other material possibly uploaded or shared on a voluntary and intentional basis may directly or indirectly reveal their identity.
7. Push notifications
Users must be aware that disabling push notifications may negatively affect the utility of this Website.
8. Push notifications based on the User's geographic location
9. Push notifications for direct marketing
9.1 This Website may send push notifications to the User for the purpose of direct marketing (to propose services and products provided by third parties or unrelated to the product or service provided by this Website).
9.2 Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then changing those settings for this Website or all of the applications on the particular device.
9.3 Users must be aware that disabling push notifications may negatively affect the utility of this Website.
10. Selling goods and services online
The Personal Data collected and referred to in this section may be used to provide the User with services or to sell goods or services, including payment and possible delivery. The Personal Data collected to complete the payment may include the credit card, the bank account used for the transfer, or any other means of payment envisaged. The kind of Personal Data collected by this Website depends on the payment system used.
11. Unique device identification
12. User identification via a universally unique identifier (UUID)
This Website may track Users by storing a so-called universally unique identifier (or short UUID) for analytics purposes or for storing Users' preferences. This identifier (if applicable), could be generated upon installation of an application associated with the Website, and it would persist between application launches and updates. It would be lost when the User deletes the application. A reinstall would generate a new UUID.
13. Contact information
Owner and Data Controller: Fenger Digital GmbH
Owner contact email: [email protected]
14. No Discrimination for Opting Out
The Owner shall not discriminate when providing services, software or content through this Website, if any User refuses to provide their consent for the processing their Personal Data and provides this refusal to the Owner in writing at the address specified in this policy, and services, content, access, or software use shall only be discontinued for such Users to the extent any such Personal Data is required and needed to continue providing access to such services, content, access, software or to this Website in general.
16. Deletion of Personal Data
17. Data that we do not Process
We do not process your Personal Data as it relates to revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and we do not engage in the processing of your genetic data or biometric data for the purpose of uniquely identifying you as a natural person, or process data concerning your health or sex life or sexual orientation.
18. Data Breaches and Breach Notification Procedures
19. User’s Rights under the Digital Millennium Copyright Act
(i) User’s full name, mailing address, telephone number, and email address;
(ii) a description of the copyrighted work that is claimed to be infringed;
(iii) a description of where the allegedly infringing material is located on the Website;
(iv) a statement by User that User has a good-faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
(v) a signed (either physical or electronic) statement by User, made under penalty of perjury, that the above information in User’s notice is accurate and that User is the copyright owner or authorized to act on the copyright owner’s behalf.
Upon receipt of such notice, we shall investigate and/or remove the infringing material. User will be held liable for damages, including costs and attorneys’ fees, should User materially misrepresent that material or activity on the Website infringes on User’s or a third party’s copyright.
20. User’s Rights under the California Consumer Privacy Act
To the extent that the California Consumer Privacy Act (“CCPA”) is applicable to either the Owner or the User: both parties agree to comply with all of their obligations under the CCPA; and in relation to any communication of ‘Personal Data’ as defined by the CCPA, the parties agree that no monetary or other valuable consideration is being provided for such Personal Data and therefore neither party is ‘selling’ (as defined by the CCPA) Personal Data to the other party, unless specifically agreed for and consented to by the parties. The principal rights the User has under the CCPA include but are not limited to:
(i) the right to know the Personal Data we collect form the User;
(ii) the right to request the deletion of User’s Personal Data;
(iii) the right not to be discriminated against for having exercised User’s rights under the CCPA;
(iv) the right to opt out from the collection/sale of User’s Personal Data; and
(v) the right to access User’s Personal Data.
Both parties agree to notify the other immediately if they receive any complaint, notice, or communication that directly or indirectly relates to either party’s compliance with the CCPA. Specifically, we shall notify User within ten (10) working days if we receive a verifiable consumer request under the CCPA.
21. Rights of EU Users
21.1 Residents of the European Economic Area (“EEA”) and the EU may be entitled to rights under the GDPR. If you qualify, these rights are summarized below.
21.2 If you request to exercise your rights under the GDPR, we may require verification of your identity before we respond to any such request. If you are entitled to these rights, you may exercise the following rights with respect to your Personal Data that we collect and store:
- the right to withdraw consent to data processing at any time;
- the right of access to your Personal Data;
- the right to request a copy of your Personal Data;
- the right to correct any inaccuracies in your Personal Data;
- the right to erase your Personal Data;
- the right to data portability, meaning to request a transfer of your Personal Data from us to any other person or entity as chosen by you;
- the right to request restriction of the processing of your Personal Data; and
- the right to object to processing of your Personal Data.
You may exercise these rights free of charge. These rights will be exercisable subject to limitations as provided for by the GDPR. Any requests to exercise the above-listed rights may be made to: [email protected]
22. PIPEDA Compliance
The Services and our privacy practices are compliant with the Personal Data Protection and Electronic Documents Act (“PIPEDA”) fair information principles. In addition to the disclosures made above, we:
- Have appointed a privacy officer to monitor our compliance with PIPEDA and other Data Protection Laws.
- Only collect Personal Data for the uses described herein.
- Only use and disclose Personal Data as described herein.
- Take reasonable steps to verify the accuracy of the Personal Data that we collect.
- Take appropriate safeguards to protect the Personal Data, as further described herein.
If you are a Canada resident, you have the right to request access to the existence, use and disclosure of your Personal Data. Additionally, you have the right to challenge the accuracy and completeness of the information and request to have it amended as appropriate. Finally, you have the right to challenge our compliance with the PIPEDA fair information principles by contacting our privacy officer. To exercise your rights under this Section, please send an e-mail to [email protected]
While the Website is not intended for anyone under the age of 18, if you are under age 18 and you are unable to remove publicly available content that you have submitted to us, you may request removal by contacting us at: [email protected]. When requesting removal, you must specify the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) applicable law requires us or a third party to maintain; (2) was not posted by you (to the extent it does not contain your Personal Data); (3) is anonymized so that you cannot be identified; (4) you do not follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information (if the required consent by yourself was provided when providing any Personal Data included in such content, and such consent is in compliance with applicable Data Protection Laws). Removal of your information from the Website does not ensure complete or comprehensive removal of that information from our systems or the systems of our service providers. We are not required to delete information posted by you (unless it contains your Personal Data); our obligations under applicable law may be satisfied so long as we anonymize the information or render it invisible to other users and the public.
24. Confidentiality and Non-Disclosure
25. Data Security
25.1 We may hold your Personal Information in either electronic or hard copy form. We take commercially reasonable steps to protect your Personal Data from misuse, interference and loss, as well as unauthorized access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Data. However, we cannot guarantee the security of your Personal Data.
25.2 The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password or PIN for access to certain parts of our Website and its accompanying applications, services or functionalities, you are responsible for keeping such a password and PIN confidential and for not sharing it with anyone. We are not responsible for circumvention of any privacy settings or security measures we provide.
26. Access to Personal Data
26.1 You can access the Personal Data we hold about you by contacting us using the contact details listed in Section 13 above. Sometimes, we may not be able to provide you with access to all of your Personal Data and, where this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Data.
26.2 If you think that any Personal Data we hold about you is inaccurate, please contact us using the contact details provided in Section 13 and we will take reasonable steps to ensure that it is corrected.
26.3 We will consider and respond to all requests in accordance with all applicable laws.
27. Jurisdiction for Disputes