This Privacy Policy may be updated periodically and without prior notice to you. We will post a prominent notice on our Website to notify you of any significant changes to our Privacy Policy and indicate at the top of the Privacy Policy when it was most recently updated.
Collective42 is committed to safeguarding your privacy. Contact us if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you. We want you to know how we collect, use, share, disclose, and protect information about you.
By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy. We may change or add to this Privacy Policy, so we encourage you to review it periodically.
Personal Data – any information relating to an identified or identifiable natural person. Personal Data is “Personal Information” as defined below.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) – Collective42
Personal Information (applicable to California consumers; also referred to as “Personal Data” in this Privacy Policy) – any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information includes but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:
Inferences drawn from any of the information identified in this definition of Personal Information, to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal Information does not include publicly available information lawfully made available from government records or information that is deidentified or aggregated.
We promise to follow the following data protection principles:
The Data Subject has the following rights:
Information you have provided us with
We may obtain the following types of information from you or concerning your computer or device (“Information”), which may include information that can be used to identify you as specified below (“Personally Identifiable Information”):
In certain cases, we may request that you provide some of the Information identified above in order to obtain specific products or services. If you choose not to provide the Information we request, you may still use Collective42.com, but you may be unable to access certain features or services.
When you register to receive any products or services from Collective42 or provide information to Collective42 in any other manner, you agree to provide only true, accurate, current and complete information.
Information automatically collected about you
Collective42 may automatically receive and log certain types of information when you visit or interact with our websites, services, mobile applications or other products, including:
Information collected if you provide your website and expressly consent
Information from our partners
If you choose to use any third party website or service that is integrated with Collective42, including a third party social networking or blogging site, such as LinkedIn, Facebook, Twitter or WordPress (“Third Party Websites”) – or if you use any Collective42 application provided through any Third Party Website – we may receive Information, including Personally Identifying Information, from such Third Party Websites, including, but not limited to:
For example, Collective42 may offer the ability to use certain Third Party Websites to facilitate your registration on Collective42. We may also use information about your profile and connections on Third Party Websites to allow you to share or connect with your friends and contacts on Collective42 or to personalize your experience. In addition, Collective42 offers “plugins” and “widgets” from various Third Party Websites that allow you to share Collective42 content off of our service, as discussed in “Disclosure of Information to Third Parties”.
Your decision to use, or share with, a Third Party Website when accessing or using Collective42 products and services is completely voluntary. Collective42 is not responsible for compliance with the policies or practices of any Third Party Website. You should ensure that you are comfortable with the information such Third Party Websites may make available to Collective42 by reviewing those Websites’ privacy policies and service terms, and by modifying your privacy settings and preferences on those Services.
We use your Personal Data in order to:
We use your Personal Data on legitimate grounds and/or with your Consent.
On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:
On the ground of legitimate interest, we Process your Personal Data for the following purposes:
As long as you have not informed us otherwise, we consider offering you products/services that are similar or same to your purchasing history/browsing behavior to be our legitimate interest.
With your consent we Process your Personal Data for the following purposes:
We Process your Personal Data in order to fulfill obligation rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymize Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymized. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law.
We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:
We will inform you of any further Processing and purposes.
We use your Personal Data in order to:
We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:
Our processing partners:
Connected third parties:
We only work with Processing partners who are able to ensure adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.
To opt out, please contact us.
Nevada Consumers
Nevada law gives Nevada consumers the right to request that a company not sell their personal information. This right applies even if their personal information is not currently being sold. If you are a Nevada consumer and wish to exercise this right, please contact us.
Your California Privacy Rights
Collective42, at times (including in the past 12 months), sells the Personal Information of users to Third Parties for the Third Parties’ direct marketing purposes and discloses Personal Information to Third Parties for our business purposes.
If you are a California resident, you have the right to:
To submit your request to know and/or delete, please contact us.
Categories
: If you are requesting the specific categories of personal information we maintain, we will ask you to match at least two items of your Personal Information.
We do our best to keep your Personal Data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymizing and pseudonymizing where suitable. We monitor our systems for possible vulnerabilities and attacks. Stored data is encrypted when possible.
Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.
If you have an account with us, note that you have to keep your username and password secret.
We recognize the particular importance of protecting privacy where children are involved. We do not intend to collect, knowingly collect, sell, or solicit Personal Information from anyone under the age of 16. We do not target children with our services. If you are under 16, do not use or provide any information on the Website or through any of its features. If you believe that a child under the age of 16 may have provided us Personal Data online, we ask that a parent or guardian contact us.
We do not service sites related to porn, sex toys, gentleman’s clubs or escort services, illegal drugs, guns, ammo, or sites of an illegal nature. We reserve the right to refuse service.
We use cookies and/or similar technologies to analyze customer behavior, administer the website, track users’ movements, and to collect information about users. This is done in order to personalize and enhance your experience with us.
A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.
We use cookies for the following purposes:
Here are the cookies we use:
You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.
We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.
California and Delaware law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there isn’t an industry or legal standard for recognizing or honoring browser DNT signals, we don’t monitor or respond to them at this time.
Individual Arbitration as Sole Remedy for Dispute Resolution
Any dispute, claim or controversy arising out of or relating to this Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding individual (not class, representative, nor collective) arbitration in San Diego, California before one arbitrator. The language to be used in the arbitral proceedings will be English. The arbitration shall be administered by the Office of Judicial Arbitration and Mediation Service (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. JAMS’s rules governing the arbitration may be obtained from JAMS’s website, which currently is www.jamsadr.com. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
If you are not a resident of the United States, then any dispute, controversy or claim arising out of or relating to this Privacy Policy, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by final and binding individual arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be San Diego, California. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Negotiation in Advance of Arbitration
Requirements for Modification or Revocation
This agreement to arbitrate shall survive the termination of Collective42’s relationship with you. It can only be revoked or modified by a writing executed by Collective42 and you that specifically states an intent to revoke or modify this agreement to arbitrate.
Claims Covered by Arbitration Clause
Collective42 and you mutually consent to the resolution by final and binding arbitration of all claims or controversies (collectively, the “Claims”) that Collective42 may have against you or you may have against Collective42 or against its past, present, or future predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, and their respective past, present, or future officers, directors, employees, stockholders, representatives, managers, members, partners, agents, advisors, insurers, and indemnities (collectively referred to as the “Collective42 Parties”), relating to, resulting from, or in any way arising out of your relationship with Collective42. The Claims include, but are not limited to claims for penalties, fines, claims for breach of any contract (express or implied); tort claims (including, but not limited to, those relating to reputation); claims for violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; and claims for violation of any public policy, federal, state, international, or other governmental law, statute, regulation, or ordinance.
Required Notice of Claims and Statute of Limitations
Collective42 may initiate arbitration by serving or mailing a written notice to you at the last known address. you may initiate arbitration by serving or mailing a written notice to Collective42. The written notice must specify with reasonable particularity the claims asserted against the other party. Notice of any claim sought to be arbitrated must be served within the limitations period established by applicable federal or state law. After demand for arbitration has been made by serving written notice, the party demanding arbitration shall file a demand for arbitration with the Office of Judicial Arbitration and Mediation Service (“JAMS”) located in San Diego, California.
Selection of Arbitrator
Within 30 days after the commencement of arbitration, Collective42 shall select one person from the JAMS panel to act as arbitrator. The arbitrator shall serve as a neutral, independent and impartial arbitrator.
Confidentiality
The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Dispositive Motions
In any arbitration arising out of or related to this Agreement:
Document Requests
In any arbitration arising out of or related to this Agreement, requests for documents:
E-Discovery
In any arbitration arising out of or related to this Agreement:
Interrogatories and Requests to Admit
In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.
Depositions
In any arbitration arising out of or related to this Agreement:
Governing Law and Arbitrator Authority
Arbitration Decision
The arbitrator’s decision shall be final and binding and shall not be subject to appeal. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. Any decision or award made by the arbitrator shall be enforceable by a court of competent jurisdiction. The parties irrevocably stipulate to the confidential nature of the arbitral award and proceedings and further stipulate that the award and any papers of the proceedings shall only be filed with a court of competent jurisdiction under confidential seal and only to enforce an arbitral award or decision.
Application for Emergency Injunctive and/or Other Equitable Relief.
JAMS Comprehensive Rules shall apply for the appointment of an Emergency Arbitrator to address and decide a request for emergency relief.
WAIVER OF REPRESENTATIVE/CLASS ACTION PROCEEDINGS
BY REGISTERING TO RECEIVE ANY PRODUCTS OR SERVICES FROM US OR PROVIDING YOUR INFORMATION TO US IN, YOU KNOWINGLY AND VOLUNTARILY AGREE TO BRING ANY CLAIMS (LAWSUITS) AGAINST COLLECTIVE42 IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, GROUP, OR REPRESENTATIVE IN ANY PURPORTED REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING (A LAWSUIT WHERE YOU SUE AS A GROUP RATHER THAN BEING THE ONLY PLAINTIFF) RELATED TO ANY CLAIMS GOVERNED BY THIS PRIVACY POLICY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIVE ACTION UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200 ET SEQ.
WAIVER OF JURY TRIAL/EXCLUSIVE REMEDY
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION REWARD IS LIMITED. BY AGREEING TO ARBITRATION, COLLECTIVE42 AND YOU ARE AGREEING TO WAIVE ANY CONSTITUTIONAL RIGHT TO A JURY OR COURT TRIAL OF COVERED CLAIMS.
Arbitration Fees and Costs
Each party shall advance its own costs and expenses in any such arbitration and one-half (1/2) of the arbitrator’s fees and costs, however, the arbitrator shall award attorneys’ fees and costs to Collective42 if Collective42 is the prevailing party. Any decision or award of such arbitration proceeding shall be confidential and may be made public only with the prior written consent of both you and Collective42.
Severability (Arbitration Clause)
Collective42 and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Arbitration Clause.
If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us via our contact page.
Collective42 and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Privacy Policy is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Privacy Policy.
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