Privacy Policy New

CALDERA + LAB, LLC PRIVACY POLICY

Last Modified on August 13, 2019

 

Our Privacy Commitment

Caldera + Lab, LLC (“Caldera + Lab,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of Caldera + Lab’s website where this Privacy Policy is posted (the “Site”) and software, products and other services made available by Caldera + Lab (collectively with the Site, the “Service”). As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the Service how we use and protect the information we collect through the Service. By accessing the Site or using any of the Service, you consent to Caldera + Lab’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Service and not to any other website that you may be able to access from the Service which may have its own data collection and use practices and policies.

This policy answers the following questions:

• What information do we collect about you and how do we use it?
• Will we share your personal information with third parties?
• What if you are from Australia or Europe (including the United Kingdom)?
• What choices do you have about the collection and use of your personal information?
• What security measures do we take to safeguard your personal information? 

What information do we collect about you and how do we use it?

Types of Information We Collect 

Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access the Service generally. However, you may be required to submit personal information to access certain aspects of the Service, including those which allow you to create an account. We may also collect non-personal information such as your mobile device operating system, IP addresses, browser type, and when and from what location you access the Service. This information may be aggregated to measure the number of visits, average time spent, page views, and other statistics about users of the Service. We also may use this data to monitor the Service’s performance and to make the Service easier and more convenient to use.

We collect personal information which includes, without limitation, your gender, age, birthdate, health background, diet, and hobbies when you create an account through the Service, participate in registration forms, make a purchase through the Service, receive customer or technical support or participate in surveys offered through or in connection with the Service. For Australian customers, reference to “personal data” in this Privacy Policy is a reference to ‘Personal Information’, as defined under the Privacy Act 1988 (Cth) (Privacy Act).

To create an account through the Service, we require you to provide certain information, including your name, email address, gender, age, mailing address, location and a username. To make purchases through the Service, you will be required to provide a credit card number, debit card number, billing address, phone number or other payment information. No information of this type will be collected unless you have registered for aspects of the Service that require it.

By submitting personal information through the Site, you authorize Caldera + Lab to share this personal information for the purposes identified herein, such as responding to user inquiries, processing transactions, distributing materials, and requesting feedback.

We also offer features of the Service that allow you to link your account to Instagram and other various social networks (“Social Networks”), and may collect personal information you authorize to these Social Networks, which include, without limitation, your profile picture, your hobbies and interests, your gender and your birthdate. By submitting personal information through the Service, you authorize Caldera + Lab to receive and share this personal information for the purposes identified herein and on the Site and the Service, such as responding to user inquiries, processing transactions, distributing materials, and requesting feedback.

Third Party Privacy Policies

Through the Service, you may be able to link to technology, software and services owned and controlled by third parties (“Third-Party Features”). You may be permitted or required to submit personal information to access Third-Party Features. Such use of Third-Party Features and submission of information through Third-Party Features will be subject to such applicable third party’s terms of use, terms of service and privacy policy. You agree to look solely to the applicable third party and not to Caldera + Lab to enforce your rights in relation thereto. When you have clicked on a third-party logo or URL displayed on the Site, or accessible through the Service, which links you to any Third-Party Features, our Privacy Policy and Terms of Use no longer applies and you must read the terms of use, terms of service and privacy policy of the third party to see how your personal information will be handled on their website. 

How We Use Your Personal Information

The personal information you provide to us will allow us to communicate with you and provide the Service to you. This includes handling your customer service questions or issues, alerting you of new products, services, features, or enhancements to the Service, processing orders, and notifying you of promotions, updates or special offers that we think may interest you. We may also use your email address as part of the Service to send you messages about the Service as well as other general announcements. We keep track of your interactions with us, including but not limited to your activity within the Service. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with us, entities acting on our behalf, and relevant third parties such as those needed to collect and maintain our servers and perform technology and related services.

We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Service. We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Service (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any Service users.

Do Not Track

In compliance with California legislation, AB370, effective January 1, 2014, Caldera + Lab’s practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Site are as follows: We do honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, Caldera + Lab may collect user information about your online activities over time and across different websites and may authorize third parties to do so. 

Google Analytics

Caldera + Lab uses Google Analytics to help us learn about who visits the Site and what pages are being viewed. 

Cookies 

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient. For example, when you return to the Site after logging in, cookies provide information to the Site so that the Site will remember who you are on subsequent visits, speeding up or enhancing your experience of the Service by, for instance, tailoring content to you. Cookies may also be used to keep track of your login name and password. While Caldera + Lab may use cookies to track your visit to the Site, this information does not identify you personally and you remain anonymous, even if you have previously submitted personal information to Caldera + Lab through the Site or otherwise. You may still access the Service if you set your browser not to accept cookies.

Third parties whose websites are accessible through links on the Site may also use their own cookies when you link to their site or service. Caldera + Lab does not control these third parties’ use of cookies and cannot guarantee that they will uphold the same privacy standards as Caldera + Lab. Caldera + Lab expressly disclaims any and all liability related to the collection, use or disclosure of information by third parties. You should review the privacy policies of any third-party sites that you visit through a link from the Site to understand how these third parties use cookies and the information they collect through cookies. Most cookies are “session cookies” which means that they are automatically deleted at the end of each session. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether or not to accept it. 

Log Information

Our servers automatically record information that your browser sends whenever you visit the Site. This information includes, among other things, your Internet Protocol address, your browser type and version, the search engine you used to find the Service, if any, which aspects of the Service you use and from where, and when and how long you use them. We use this information to monitor and analyze how users use the Service, to provide customer service and to maintain and improve the Service. We may also collect similar information from emails we may send to you which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Children’s Privacy

We do not knowingly collect personal information from children under 13 or allow them to create an account for the Service. We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience at all times.

Will we share your personal information with third parties?

Sharing Your Information 

We use your personal information to provide the Service to you, deliver products and services you request, complete transactions, handle your customer service questions or issues and send communications to you about promotions, updates, or special offers from Caldera + Lab that may be of interest to you. The personal information uploaded by you through the Service will be shared only with authorized persons to whom you specifically grant access. We may also use your depersonalized personal information to provide analyses of our users in the aggregate (including Analytical Data subject to the terms of this Privacy Policy) to prospective partners and other third parties. We will also share the personal information we collect from you under the following circumstances, and you expressly authorize us to share your information as follows:

• Service Providers. We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our and your behalf. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.
• Asset Transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Caldera + Lab’s assets, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site.
• Protection of Rights. We will share personal information with appropriate third parties if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Service, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (iv) such action is appropriate to protect the rights, property or safety of Caldera + Lab, its employees, users of the Service or others. 

Before we use your personal information for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out and/or ask you to provide your consent to allow us to use your personal information for that new purpose.

Additional Information You Should Know About Third Parties

The Service may contain direct links to websites operated by our partners and other entities. These third party websites may collect information about you when you visit them or otherwise communicate with them. This Privacy Policy does not cover the information practices of third party websites linked to the Site or accessible through the Service. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

What If You Are From Australia or Europe (including the United Kingdom)?

International Data Transfer

Caldera + Lab is the data controller. In using the Site, you acknowledge your personal data will be collected, processed and stored in the United States. We take steps to require that we handle your personal data subject to appropriate safeguards. Your personal data may also be disclosed, held, or transferred to other countries (including, without limitation, to Canada), where laws regarding processing of personal data may be less stringent than the laws in your country. Third parties that we work with may also facilitate the transfer of your personal data outside of Australia, the UK and Europe. Caldera + Lab will take steps to require such third parties to process your personal data subject to appropriate safeguards.

Retention of Your Personal Data 

Caldera + Lab retains personal data for as long as you have an account with us in order to meet our contractual obligations to you and for a reasonable period of time afterward for the purpose of internal account management and fraud prevention. Caldera + Lab may also retain aggregate information beyond this time for research purposes and to help us develop and improve the Service. You cannot be identified from aggregate information retained or used for these purposes.

Lawful Bases For Handling Your Data

Processing your personal data for the purposes set out in the section above entitled “How We Use Your Personal Information” is necessary in order for the performance of the Service. In order to provide and deliver our Service to you, certain information will be required and failure to provide this will mean we are not able to provide the Service. We also handle your personal data for our legitimate interest in ensuring that content from our Site is presented in a secure and efficient way and to promote Caldera + Lab. As set out further below, you have the right to withdraw your consent at any time by contacting us at legal@calderalab.com.

Your Rights

You have the right under certain circumstances to: (i) be provided with a copy of your personal data held by us; (ii) request the rectification or erasure of your personal data held by us; (iii) request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example); (iv) object to the further processing of your personal data, including the right to object to marketing; and/or (v) request that your provided personal data be moved to a third party. 

Your Rights to Withdraw Consent

Where the processing of your personal information by Caldera + Lab is based upon your consent, you have the right to withdraw such consent without detriment at any time by contacting Caldera + Lab at info@calderalab.com. 

Please note that not all rights listed above will apply to all territories. You can also exercise the rights listed above at any time by contacting Caldera + Lab at legal@calderalab.com with subject line “Privacy” so that we can get your email to the right team.

If your request or concern is not satisfactorily resolved by Caldera + Lab, you may approach your local data protection authority.

For Australian customers: you may be able to lodge a complaint with the Office of the Australian Information Commissioner: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint.

For UK customers: The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data. For further details please see https://ico.org.uk/.

For Irish customers: The Data Protection Commission of Ireland is the supervisory authority in Ireland and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data. For further details please see https://www.dataprotection.ie/.

For Australian Customers

Privacy Act 1988 (Cth)

Caldera + Lab complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Caldera + Lab is committed to subjecting all personal information received from Australia to the applicable Australian Privacy Principles.

Caldera + Lab may disclose your personal information to the entities described in this Privacy Policy. Some of these entities are not Australian entities and are not regulated by the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By ordering our goods and using the Service, you consent to such disclosures.

To learn more about the Australian Privacy Principles, visit the Office of the Australian Information Commissioner, https://www.oaic.gov.au/.

What Choices Do You Have About The Collection And Use Of Your Personal Information?

Control of Your Information

You may update or delete your personal information or modify your account preferences for the Service by accessing the account interface provided through the Service. Please note that if you disable your account, we will keep your contact information on file, and may retain other account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention.

Opting Out of Receiving Communications From Us

If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe by selecting the “opt-out” box on the Site, following the “unsubscribe” link at the bottom of our emails, or contacting us at info@calderalab.com. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account.

Mediation

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy, you and Caldera + Lab will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Denver, Colorado with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

What Security Measures Do We Take To Safeguard Your Personal Information?

The personal information that you provide to us is stored on servers which are protected by protocols and procedures designed to ensure the security of such information. We restrict access to personal information to Caldera + Lab employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Service. We will store your personal information for so long as it is necessary to provide you with the Service and will periodically destroy any old personal information that we hold in relation to you in accordance with our company policies, including when it is no longer necessary in order to offer you the same high-quality service. In most cases, we will keep one archival copy of your information to allow us to comply with laws or respond to legal processes. Following the termination of our relationship we will ensure that we destroy all of the personal information that we hold in relation to you within a reasonable period of time or when required by law. All Caldera + Lab personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems. Additionally, we do not retain private data such as your credit card number after the transaction for which such information is provided has been processed.

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on the Site.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at help@calderalab.com. 

Terms of Use

Please read the Terms of Use governing the use of the Site and the Service.