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PHYSMODO PRIVACY POLICY

Last modified: June 11, 2018

Physmodo is committed to controlling the collection, use and disclosure of Personal Data provided to Physmodo. The Privacy Policy (this “Policy”) informs you of Physmodo’s practices with respect to the collection, use, and disclosure of such information. Please read this Policy carefully to understand our policies and practices regarding your Personal Data and how we will treat it. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOUR CHOICE IS TO NOT USE OUR SOFTWARE SERVICES (“Services)”.  

INFORMATION PHYSMODO COLLECTS

Personal Data is any information that personally identifies you, such as your name, email address or geographic location. Sometimes this Personal Data is needed when you engage with Physmodo. Physmodo may ask you to provide Physmodo with Personal Data on a voluntary basis in certain areas of the Service. In particular, to obtain access to the Service, Physmodo may request that you provide certain personal information, including name, email address, height, weight and birthdate and create a login name and password. Physmodo will use this information to maintain your account regarding the Service. Physmodo may use your information to communicate with you as necessary to facilitate your access to the Service.

WHEN YOU INITIALLY INTERACT WITH THE SERVICE AND BEFORE PERSONAL DATA IS COLLECTED, PHYSMODO PROVIDES YOU WITH AN OPT-IN OPTION THAT INCLUDES A LINK TO PHYSMODO’S PRIVACY POLICY AND TERMS OF USE. PERSONAL DATA IS ONLY COLLECTED ONCE YOU ACCEPT TERMS OF USE. IF YOU DO NOT ACCEPT TERMS OF USE, PERSONAL DATA IS NOT COLLECTED.

 

HOW PHYSMODO USES GATHERED INFORMATION

In addition to the uses described above, the information gathered from or shared by you with Physmodo may be used as follows:

Personal Data: Personal Data collected by Physmodo may be used for purposes that include, without limitation, administration of the Service and communications with you, to assist you in finding information, services and software on the Service, to assist in creating and presenting content relevant to your needs, to maintain the highest quality of the Service, or other purposes as may be indicated at the time of disclosure. Physmodo may also provide Personal Data to its controlled subsidiaries, clients, affiliates, agents, and third-party service providers and vendors (collectively, the “Data Processors”). We require that these Data Processors agree to process Personal Data based on our instructions and in compliance with prevailing privacy laws and any other appropriate confidentiality and security measures. We also may share non-personal, aggregate information regarding customer demographics, traffic patterns, sales, and site usage with our Data Processors.

 

Third Party Email Addresses: If you register for the Service using an e-mail address that we recognize to be either a part of a third-party enterprise account for the Service, we may provide your name and email address to an administrator.

 

Other Uses: Physmodo may also disclose Personal Data if Physmodo in good faith believes that such action is necessary to (A) comply with the law or with legal process; (B) protect and defend Physmodo’s rights and property; (C) protect against misuse or unauthorized use of the Service; or (D) protect the personal safety or property of Physmodo’s users or the public. Please note that Physmodo may not provide you with notice prior to disclosure in such cases.

DATA RETENTION

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with the Service, and thereafter as set forth in our Terms of Use agreement with you (typically 30 days after termination of the Service, or sooner upon request (except as required by law)). In some cases, we retain Personal Data 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. Upon disposal, we will destroy or render unreadable any such Personal Data. Afterwards, we may retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

 

TRANSFER OF PERSONAL DATA

Except as otherwise described in this Policy, Personal Data which you provide on the Service will not be shared outside of Physmodo and its controlled subsidiaries, clients, affiliates, agents, and third-party service providers and vendors without your permission. The Service is hosted and operated in the United States (“U.S.”), with development, support and maintenance operations in other countries through Physmodo and its service providers. If you do not reside in the U.S., laws in the U.S. (and other countries) may differ from the laws where you reside. By using the Service, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Physmodo in the U.S. and will be hosted on U.S. servers, and you authorize Physmodo to transfer, store, host and process your information to and in the U.S., and possibly other countries.

CLOSING YOUR ACCOUNT

You may close an account, and upon termination of your account, we will take reasonable steps to provide, modify, or delete your Personal Data as soon as is practicable. However, Physmodo may nevertheless retain your Personal Data in archived/backup copies for our records or as otherwise required by law. Those interests include without limitation the completion of transactions, complying with our legal obligations, resolving disputes, and enforcing agreements.

 

SPECIAL NOTICE TO CALIFORNIA RESIDENTS

Under the California Civil Code, residents of the State of California that have provided any Personal Data to Physmodo have the right to request a list of all third parties to which Physmodo has disclosed Personal Data during the preceding year for direct marketing purposes. Alternatively, the law provides that if Physmodo has a privacy policy that gives either an opt-out or opt-in choice for use of Personal Data by third parties (such as advertisers or affiliated companies) for marketing purposes, Physmodo may instead provide you with information on how to exercise your disclosure choice options, free of charge. Physmodo qualifies for the alternative option. If you are a California resident and request information about how to exercise your third party disclosure choices, please email a request to Physmodo at privacy@physmodo.com with a preference on how Physmodo’s response to your request should be sent.

COMMITMENT TO CHILDREN’S PRIVACY

Protecting the privacy of children is very important to Physmodo. The Children's Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13. The EU General Data Protection Regulation (“GDPR”) states that personal data of children below the age of 16 can only be processed on the basis of consent if consent is given by the holder of parental responsibility over the child. Physmodo strictly adheres to both COPPA and GDPR. For that reason, Physmodo does not collect or maintain information obtained through the Service from those Physmodo actually knows are under 13, and no part of the Service is structured to attract anyone under 13, and Physmodo does not knowingly collect or use the personal information of minors for marketing purposes. Before you accept Terms of Use, whereby your Personal Data has not yet been collected, you must tick a box to accept Terms of Use and indicate that you are either (A) over 13 years of age, or (B) are a parent or custodian of a child 13 years of age or under.

SECURITY

The Service incorporates reasonable safeguards to protect the security, integrity, and privacy of the personal information Physmodo has collected. Security of information communicated by or to Physmodo over the internet is of utmost concern to Physmodo; however, no data transmission over the internet can be guaranteed to be 100% secure. Any transmission is at your own risk. Please note that your email, like most, if not all, non-encrypted internet communications, may be accessed and viewed by other internet users, without your knowledge and permission, while in transit to or from Physmodo. While Physmodo strives to protect your Personal Data, Physmodo cannot ensure or warrant the security of any information you transmit to Physmodo or through the Service. Once Physmodo receives your transmission, Physmodo will use reasonable efforts to ensure its security on Physmodo’s internal systems. Depending on the nature of the inquiry, your communication may be discarded or archived.

COOKIES, WEB BEACONS AND OTHER TRACKING TOOLS

Physmodo does not use cookies, web beacons and other tracking tools.

DISCLOSURE THROUGH BUSINESS TRANSFERS

As Physmodo continues to develop its business, Physmodo may buy, merge or partner with other companies or businesses, and in so doing, acquire or share customer information. In such transactions, your information may be among the transferred or shared assets. Similarly, in the event that a portion or substantially all of Physmodo’s assets are sold or transferred to a third party, customer information (including Personal Data) would likely be one of the transferred business assets.

EXTERNAL LINKS

The Service may provide links to various websites that Physmodo does not control. When you click on one of these links, you will be transferred out of the Service and connected to the website or application of the organization or Physmodo that you selected. Physmodo is not responsible for the nature, quality or accuracy of the content or opinions expressed on such websites, and such websites are not investigated, monitored or checked for quality, accuracy or completeness by Physmodo. Inclusion of any linked website on the Service does not imply or express an approval or endorsement of the linked website by Physmodo, or of any of the content, opinions, products or services provided on these websites. Even if an affiliation exists between the Service and a third-party website, Physmodo exercises no control over linked sites and has no responsibility for their privacy practices. Each of these linked sites maintains its own independent privacy and data collection policies and procedures. While Physmodo expects its partners and affiliates to respect the privacy of Physmodo’s users, Physmodo cannot be responsible for the actions of third parties. If you visit a website that is linked from the Service, Physmodo encourages you to consult that website's privacy policy before providing any personal information and whenever interacting with any website.

 

Once the Privacy Shield team notifies Physmodo that its Privacy Shield-consistent non-HR privacy policy may be published, it will be available at https://www.physmodo.com/privacy-policy/update/

 

CONTACT INFORMATION

SHALL YOU DESIRE TO EXERCISE YOUR RIGHTS REGARDING YOUR PERSONAL DATA OR HAVE QUESTIONS REGARDING THIS POLICY, YOU MAY CONTACT PHYSMODO AT PRIVACY@PHYSMODO.COM.

YOU MAY ALSO CONTACT PHYSMODO IN WRITING AT THE FOLLOWING ADDRESS:

PHYSMODO, INC

ATTN: CHIEF LEGAL REPRESENTATIVE

8105 RASOR BOULEVARD, SUITE 275

PLANO, TEXAS 75024

 


PHYSMODO TERMS OF USE

Last modified: May 25, 2018

This Physmodo Terms of Use Agreement (this “Agreement”) is between Physmodo, Inc. (“Physmodo”) and you (hereinafter referred to as “User”, “You”, or “you”), each a “Party” and together the “Parties,” and governs your use of the software services provided by Physmodo (collectively, the “Service”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. This Agreement governs your use of the Service and affects your legal rights and obligations. By clicking the “I Agree” button and accepting this Agreement, you agree to and are bound by the terms, conditions, policies and notices contained in this Agreement, including without limitation conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Texas law. If you do not agree to be bound by all of the terms contained in this Agreement, do not click on the “I Agree button and do not access or use the Service. By clicking the “I Agree” button and accepting this Agreement, you agree that use of any third-party features, services, or content either in or accessible in connection with the Service shall be subject to any applicable third party terms and conditions, disclaimers and disclosures.

PHYSMODO MAY REVISE AND UPDATE THIS AGREEMENT AT ANY TIME. PLEASE PERIODICALLY REVIEW THIS AGREEMENT POSTED ON THE SERVICE BECAUSE YOUR CONTINUED USE OF THE SERVICE WILL MEAN THAT YOU ACCEPT THOSE CHANGES. TO THE EXTENT ANY MODIFICATION TO THIS AGREEMENT MATERIALLY AFFECTS YOUR RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, THE UPDATED AGREEMENT WILL BE PRESENTED TO YOU UPON YOUR NEXT LOG-IN TO THE SERVICE AND YOU WILL BE REQUIRED TO ACCEPT THE UPDATED AGREEMENT BEFORE PROCEEDING TO THE SERVICE.

1. Use of the Service.

1.1          Physmodo hereby grants User a limited, revocable, personal, non-exclusive, non-transferable, non-assignable, non-sublicenseable right to access and use the Service during the term of this Agreement solely for User’s purposes.

1.2          This Agreement only gives User the right to access and use the Service. Physmodo reserves all other rights. User may use the Service only as expressly permitted in this Agreement. In doing so, User must comply with any technical limitations in the Service that only allow User to use it in certain ways and User agrees to comply with all laws, rules and regulations applicable to User’s use of the Service.

1.3          In order to use the Service, you are required to register and set up an account to access the Service. By setting up an account, you agree to (i) provide Physmodo with accurate and complete information, and (ii) promptly update your account information with any new information that may affect the operation of your account. You may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. You agree to notify Physmodo as soon as possible at notices@physmodo.com, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including but not limited to loss, theft or unauthorized disclosure of your password. You are responsible for all usage or activity on your Service account. Any fraudulent, abusive or otherwise illegal activity, or any violation of this Agreement, may be grounds for termination of your account in Physmodo’s sole discretion.

1.4          To the extent that User provides any information, including but not limited to Personal Data (as defined in Physmodo’s Privacy Policy), to Physmodo or its Representatives (as defined in Section 2 below), User warrants that User is providing or obtaining only User’s own information or the information of others which User is authorized to provide to third parties and/or obtain from third parties on their behalf.           

2. Warranty Disclaimer. User understands that the Service may contain, errors, “bugs” and other problems, which may result in system failure or failure in the use of the Service or loss of data or access to information provided to Physmodo or obtained by User or on User’s behalf through use of the Service. The Service is provided to User “AS IS”, “WITH ALL FAULTS”, and Physmodo disclaims any warranty or liability obligations to User of any kind. User understands and agrees that Physmodo AND ALL THIRD PARTY SERVICE AND DATA PROVIDERS, LICENSORS AND DISTRIBUTORS (“REPRESENTATIVES”) DO NOT MAKE ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OR CONDITION OF ANY KIND WITH RESPECT TO THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION WITH REGARD TO THE SERVICE’S PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, DATA SECURITY OR RESULTS THAT MAY BE OBTAINED FROM OR THROUGH THE SERVICE.

IN NO EVENT WILL Physmodo OR ANY OF ITS REPRESENTATIVES BE LIABLE TO USER OR ANY OTHER PARTY FOR (i) PUNITIVE, EXEMPLARY, INCREASED OR AGGRAVATED DAMAGES, OR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS OR INVESTMENT, LOSS OF BUSINESS, LOSS OF SAVINGS, CORRUPTION, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, OTHER ECONOMIC OR COMMERCIAL LOSS OR ANY OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES of any kind EVEN IF Physmodo OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS agreement IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND PHYSMODO BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, PHYSMODO’S TOTAL AGGREGATE LIABILITY, OR THAT OF ANY OF ITS THIRD-PARTY LICENSORS AND/OR SUPPLIERS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND WHETHER INCURRED WITH RESPECT TO ONE CLAIM, OR CUMULATIVELY INCURRED FROM MULTIPLE RELATED OR UNRELATED CLAIMS ARISING UNDER THIS AGREEMENT, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

3. Feedback; Idea Submission; Data.

3.1 User acknowledges and agrees that User may be providing certain feedback, statements, suggestions and ideas (“Ideas”) to Physmodo, directly or through a third party, in connection with User’s use of the Service, which Physmodo may use, without limitation, in future modifications to the Service, multimedia works and/or advertising and promotional materials relating thereto. User hereby assigns to Physmodo any and all rights and interest in any Ideas and data (“Data”), including but not limited to any copyright, patent right, moral right, and all other intellectual property rights.           

3.2 The Parties agree that all proprietary information and Data of User provided to or accessed by Physmodo under this Agreement is and shall remain proprietary to and owned by User. The parties acknowledge and agree that Physmodo shall have the right to use, compile, extract, combine, modify, and aggregate any such Data in order to create de-identified data (“Aggregate Data”), which Physmodo may use for its business purposes. Physmodo shall own all right, title, and interest in and to such Aggregate Data. SHALL USER DESIRE THAT PHYSMODO REMOVE ALL PERSONAL INFORMATION AND DATA OF USER, USER SHALL CONTACT PHYSMODO AT PRIVACY@PHYSMODO.COM TO MAKE SUCH REQUEST.

4. Third Party Services. The Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. For more information about third-party advertising, cookies, and opt-outs, please visit Physmodo’s Privacy Policy at https://www.physmodo.com/privacy. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. Physmodo will also not be responsible or liable for any failure in the Services attributable to your or any third party’s products, services, negligence, willful misconduct, breach of these Terms of Use, or other unauthorized access or use.

5. Term and Termination.

5.1 User may terminate this Agreement at any time by giving Physmodo written notice, ceasing all use of the Service, and returning or destroying all information and data of Physmodo.

5.2 Upon receipt of User’s written notice of termination, Physmodo will remove all Personal Data associated with the User from all Physmodo systems and all Physmodo data storage media with a confirmation written notice or an explanation why the request could not be fulfilled returned back to the User by means of the method used in the request.

5.3 Physmodo may terminate this Agreement immediately if User fails to comply with any term or condition of this Agreement.

5.4 Physmodo further reserves the right to terminate this Agreement at any time on fifteen (15) days’ prior notice to User.

5.5 The provisions of Section 2, this Section 5, and Sections 6, 7 and 8 shall survive any termination of this Agreement.

6. Proprietary Rights. The Service and any materials furnished or provided to User by Physmodo in connection with this Agreement and any information and materials which are designated as the property of Physmodo shall remain the sole property of Physmodo, and are available to User solely for purposes of User’s use of and access to the Service in accordance with the terms of this Agreement. Except for the limited rights granted herein, nothing in this Agreement shall transfer to User any right, title, or interest in or to any information or materials owned by Physmodo, and User shall not use or disclose any information or materials of Physmodo except as expressly permitted in this Agreement. Without limiting the generality of the foregoing, User agrees that User shall not (i) modify, alter, adapt, translate, copy or create derivative works or any functionally similar service or software based on the Service, or attempt to merge the Service into any other program, software,  or application; (ii) reverse-engineer or otherwise attempt to obtain or perceive the source code of the Service (or any component thereof); (iii) build a publically available, competitive product service using all or any portion of any information or materials of Physmodo; (iv) copy any ideas, features, functions or graphics of the Service; or (v) remove, change or obscure any identification marks or notices of proprietary rights and restrictions on the Service or any elements of the Service.

7. Indemnification. User agrees to indemnify and hold Physmodo, its affiliates, Representatives, officers, employees and agents harmless from and against any and all claims, costs, demands, liabilities, suits, or actions (including all reasonable expenses and attorneys’ fees) for any loss, damage (including incidental, punitive, exemplary, consequential, and special), injury, or other casualty of any kind whatsoever, or by whomever caused, to the person or property of anyone arising out of or resulting from User’s use of or access to the Service or violation of any rights of another.

8. General Provisions.

8.1          This Agreement shall be governed in all respects by the laws of The United States and the State of Texas, excluding its conflicts or choice-of-law provisions, and each Party agrees that any action commenced in connection with any claim arising out of or related to this Agreement and/or the Services shall be brought solely in the state or federal courts in Dallas, Texas. This Agreement is in compliance with the General Data Protection Regulation (the “GDPR”).

8.2          Unless expressed otherwise, notices between the Parties shall be by personal delivery, facsimile transmission, or certified or registered mail, return receipt requested, and shall be deemed given upon receipt at the address of the recipient Party or ten (10) days after deposit in the mail. NOTICE FROM USER TO PHYSMODO IS ALSO ACCEPTABLE VIA EMAIL TO NOTICES@PHYSMODO.COM.

8.3          In the event of any invalidity of any provision of this Agreement, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and effect of the invalid provision.

8.4          This Agreement and any addendum or amendment to either of the foregoing, constitute the entire understanding and agreement between the Parties with respect to the subject matter addressed herein and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. User may not assign or transfer User’s rights and obligations under this Agreement without the prior written consent of an authorized representative of Physmodo.

8.5          The provisions of this Agreement are not intended to create any relationship between User and Physmodo other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement, and nothing contained herein shall be construed as creating any agency, employment, partnership, or joint-venture relationship between the Parties.

8.6          Any waiver of the provisions of this Agreement or of a Party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a Party in enforcing the provisions of this Agreement or its rights at any time will not be construed as, and will not be deemed to be, a waiver of such Party’s rights under this Agreement and will not in any way affect the validity of this Agreement in whole or in part or prejudice such Party’s right to take subsequent action. Except as expressly stated herein, no exercise or enforcement by either Party of any right or remedy under this Agreement will preclude the enforcement by such Party of any other right or remedy under this Agreement, or any other right or remedy to which such Party may be entitled at law or equity.