FOR CALIFORNIA CONSUMERS
Updated October 20, 2021
1. CHOICES ON USE AND DISCLOSURE
The data rights below pertain only to Californian, data subjects to the extent such rights are explicitly granted to them under applicable law
- 1.a. Tracking Technologies: You can set your browser to alert you when cookies are being sent. Details of managing flash cookies can be found on the Adobe Platform. If you alter cookies, please note parts of this site may then be inaccessible or not function properly.
- 1.b. Disclosure of Your Data: If you do not want us to use your PI for promotional purposes, you can opt-out by mailing Curbngo USA, LLC, c/o DPO, PO Box 162, Montvale NJ 07645 You can also always opt- out by emailing firstname.lastname@example.org. This opt-out does not apply to any result of a purchase, service or any other transaction.
- 1.c. Accessing and Correcting Your Information
- 1.c.i. We respond to data rights requests within a reasonable time. You can review and change your PI by providing email@example.com with ample verification that it is in fact you who is responding.
- 1.c.ii. You may also email us to exercise any data right or with specific questions about direct marketing. We cannot not delete your PI except by also deleting your account. We will not change PI if we believe it would violate any law or legal requirement or cause the data to be incorrect.
- 1.c.iii. If you delete your posts to the Platform, copies of such may remain in cached and archived pages or may have been copied or stored by other users. Any deletion request will be governed by our retention policy.
- 1.d. Your Data Rights
- 1.d.i. Right to be Informed. The right to be informed about the processing of your PI. This Policy is designed to inform of how your data is processed and describe your rights.
- 1.d.ii. Right of Access. You have the right to access your PI and supplementary data to be aware of and verify the lawfulness of processing.
- 1.d.iii. Right to Rectification. You may have PI rectified if it is inaccurate or incomplete.
- 1.d.iv. Right to Erasure. You have the right to request deletion or removal of your PI where there is no compelling reason for its continued processing. We may not delete if necessary for the purpose of free speech or another right provided for by law or to comply with the Electronic Communications Privacy Act.
- 1.d.v. Right to Restrict. You have the right to block or suppress processing of your PI.
- 1.d.vi. Right to Data Portability. You have the right to obtain and reuse PI that can be clearly linked to you, for your purposes. We will send you a copy in a commonly used and machine-readable format.
- 1.d.vii. Right to Object. You have the right to object when processing is based on legitimate interests, for the public interest, direct marketing, and for scientific research.
- 1.d.viii. Automated individual decision-making. You have the right not to be opined upon based solely on automated processing, including profiling. which produces legal or similarly significant effects. In the event automated decision making is used you may request human intervention prior to any automated decisions and at any time being utilized, request logic information, significance or consequences. 1.d.ix. Right to Make a Complaint with a Supervisory Authority or Seek a Judicial Remedy. 1.d.x. Request Fulfillment. We typically fulfill any such request without delay and no later than one month after its receipt. If we are not required to fulfill such or there is a delay, we will provide the rationale via email. Responses are provided free of charge, unless requests are patently unfounded or excessive, especially due to redundancy. You will never be discriminated against due to exercise of these rights or any others.
- 1.e. Commercial use: The California Privacy Rights Act defines Sale of data which may include allowing third parties to receive information about you that may be of value to such parties even if we are not benefitting financially from such. If you wish to opt out of this form of use or anything else that may be deemed a sale, please e-mail firstname.lastname@example.org.
FOR CANADIAN USERS
Updated October 20, 2021
The provisions below pertain to residents of Canada and address relevant federal or provincial privacy laws or regulations, including PI Protection and Electronic Documents Act (“PIPEDA”).
- 1.a. Consent
- Usually, we will proffer notice and/or request consent (express or implied) at the time of PI collection if required by law. Usually, you may change or withdraw your consent at any time subject to legal or contractual duties and reasonable notice.
- 1.b. Accessing and correcting PI
- Subject to the relevant law and nature of relationship with us, you have the right to request, free of charge, access and to correct PI we hold and potentially to suppress, delete or else modify how we use your PI. Such rights requests can also be submitted to us through the below channels:
- • By email: email@example.com
- • By mail: Curbngo, C/O DPO, PO Box 162, Montvale NJ 07645
- • By phone (toll-free)
- Please identify what PI you seek. We will comply as soon as reasonably practicable. Once a request has been submitted, we may request more information to evidence to verify your identity or help us respond. additional information in order to verify your identity or to provide additional details to help us respond to your request. Note that in some instances, we may refuse to act or limit your rights, as permitted by the applicable law. If we cannot provide you with access to your PI, we will explain, subject to any legal restrictions. In some instances, residual data may remain on our databases and other records, which, due to applicable law or as part of Platform that are in the process of being carried out, will not be removed or changed. We will also retain data relating to your request for recordkeeping and compliance.
- 1.c. International Transfers
- PI processed herein is processed mainly in the United States. However, as we are international with many business facets, and global third parties, your data may be sent anywhere that we do business or maintain third-parties relationships. When you provide PI to us, you consent to the transfer of such and the processing of your PI in this manner. International transfers made will be in accordance with this Statement and applicable law. We also impose appropriate contractual safeguards on third parties and other parties that might access the information.
- 1.d. Right to file a complaint
- If you believe any privacy law relating to the protection of your PI or the practices detailed herein have been violated, you may file a complaint with our Head of Privacy:
- • By email: firstname.lastname@example.org
- • By mail: Curbngo USA, LLC, c/o DPO, PO Box 162, Montvale NJ 07645
- • By phone (toll-free)
- We will investigate all complaints. If, after an investigation, your complaint is deemed justified, we will take appropriate steps to mend the issue, including, if necessary, amending our policies and practices. If you are not satisfied with the results, you may exercise the remedies available by contacting the Office of the Privacy Commissioner of Canada at the address below:
- Office of the Privacy Commissioner of Canada 30 Victoria Street Gatineau, Quebec K1A 1H3 https://www.priv.gc.ca
FOR EU USERS
Updated October 20, 2021
The following supplements the general Policy and applies solely to European Union (EU) residents. If there is a conflict between EU Supplement and main Policy, Supplement prevails.
Data controller: Under GDPR the person tasked with processing and decides alone or in cooperation with others which PI is being collected as well as purposes and means with regard to the processing of that PI. We are the Controller in this Agreement. Provisions below supplement the main Policy. To the extent that there is a conflict, this Addendum C shall prevail over the main Policy. As a data controller, we may rely on “data processors” (as defined within the GDPR) and have engaged various third-party service providers to provide the Services as well as other purposes described in the main Policy.
A. LEGAL BASIS FOR PROCESSING
We collect and process your PI based on the following legal bases:
- to perform our contract with you, as described in the main body of the Privacy Statement;
- for the purposes of complying with legal obligations or in connection with related claims;
- to pursue legitimate interests of effectively managing and improving our business; and
- if applicable, with your consent.
|To provide, maintain and support our Services||Necessary for performance of our contract|
|To manage our business and internal operations||Necessary for our legitimate interests of effectively managing our business operations and improving our products and services|
|To personalize your experience|
|To advertise and market to you||Consent or as necessary for our legitimate interests of managing our operations and improving our products and services|
|Communicate with or provide data you requested||Necessary for the performance of our contract with you (or, in some cases where we do not have a contract with you, your consent)|
|For legal, compliance and security-related purposes||Necessary for compliance with our legal duties or otherwise for our legitimate interest in establishing or defending our legal rights|
We will only use and process your PI in accordance with the GDPR, and any local and/or replacement legislation governing the processing of PI. If you fail to provide certain data when requested, we may not be able to perform the contract we have entered (such as providing Services), or we may be prevented from complying with our legal obligations.
B. INTERNATIONAL TRANSFERS
For purposes stated in the Policy, we may transfer the PI we collect to countries that have not been found to provide an adequate level of data protection by the European Commission. In particular, we may transfer your PI to the United States. In such instance, we have made required contracts, considering standard provisions imposed by the Commission, to ensure your PI receives an adequate level of data protection in that country. We use appropriate safeguards to transfer PI to other jurisdictions, and where required, we have implemented the Commission's standard contractual clauses, or other recognized safeguards, for transfer purposes. To see a copy of clauses or more information email email@example.com.
C. SENSITIVE PI (SPI)
We may collect SPI for certain Services described in main Policy if required under the applicable law or local requirements. If permitted by law, we may also collect SPI if you provide it to us.
D. DATA RIGHTS
You have additional rights regarding how your PI is processed, including the right to request:
- access and obtain a copy of your PI;
- request the transfer of your PI to you or another company in a structured, commonly used and machine-readable format;
- request rectification of your PI when it is inaccurate or incomplete;
- request erasure of your PI, where permitted under the law, such as where the information is no longer necessary or lawful for us to store or where your information is outdated;
- restrict or object to the processing of your PI (as applicable); and
You may withdraw your consent any time where consent is basis for processing. However, if you withdraw consent, you may not be able to use the programs and services where you provided such consent. Your rights will be limited as per set out in applicable data protection law.
You may exercise the above rights free of charge by submitting your request to firstname.lastname@example.org. Subject to law, we may charge a reasonable fee or refuse to act on a request if it impacts the rights and freedoms of others, prejudice the execution or enforcement of the law or interfere with pending or future litigation. You may also complain about processing, see below.
Our Services are not directed at children under the age of 16, and we do not knowingly, collect or solicit PI from children at such age. If you believe that a child under 16 has provided PI to us, the child's guardian should contact us to remove. If we learn that any PI, we collected has been provided by a child under the age of 16, we will promptly delete that PI.
F. CONTACT US
If you have data protection questions, you can reach us at:
Attention: CnG Data Protection Office, Curbngo USA, LLC
PO Box 162, Montvale NJ 07645
G. LODGING A COMPLAINT
If you are dissatisfied of the processing of your PI by the Platform, you have a right to lodge a complaint with the Data Protection Commission in your Country.