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Submission: On March 11 via manual from US — Scanned from DE
Submission: On March 11 via manual from US — Scanned from DE
Form analysis 1 forms found in the DOM
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</form>Text Content
* * My Profile
* Mute Sounds
* Privacy & Policies
* Try Crowdpurr Free
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REAL QUICK... ENTER A NICKNAME!
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* Whoops... something is not jiving.
Join
By signing in you accept our Privacy Policy, Terms & Conditions, & GDPR
Compliance Policy.
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THE LEGAL STUFF & GDPR COMPLIANCE
PRIVACY POLICY
This Privacy Policy (“Privacy Policy”) describes the methods that are employed
to collect, manage, and store personal information by the participants, users,
and visitors of this interactive web application (the “Site”) and the choices
that you have.
This privacy policy has been compiled to better serve those who are concerned
with how their 'Personally identifiable information' (PII) is being used online.
PII, as used in US privacy law and information security, is information that can
be used on its own or with other information to identify, contact, or locate a
single person, or to identify an individual in context. Please read our privacy
policy carefully to get a clear understanding of how we collect, use, protect or
otherwise handle your Personally Identifiable Information in accordance with our
website..
What personal information do we collect from the people that join an interactive
experience?
When joining an interactive experience, as appropriate, you may be asked to
enter your name, email address, mailing address, phone number and/or other
details to help you with your experience. We also collect any chosen answers to
multiple-choice questions, text-answers, and social wall text posts.
When do we collect information?
We collect information from you when you join an experience and respond to a
question or submit text and photos on our site.
How do we use your information?
We may use the information we collect from you when you register, sign up for
our newsletter, respond to a question or experience or marketing communication,
navigate the application, or use certain other site features in the following
ways:
• To personalize user's experience and to allow us to deliver the type of
content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service
requests.
• To administer an experience (e.g. poll, trivia game, social wall)
contest, scores, rankings, contenst winners, promotion, survey or other site
feature.
• To quickly process your transactions.
• To send periodic emails, SMS text notifications, or native mobile-OS
notifications regarding your experience or other products and services.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known
vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only
accessible by a limited number of persons who have special access rights to such
systems, and are required to keep the information confidential. In addition, all
sensitive/credit information you supply is encrypted via Secure Socket Layer
(SSL) technology.
We implement a variety of security measures when a user places an order enters,
submits, or accesses their information to maintain the safety of your personal
information.
All transactions are processed through a gateway provider and are not stored or
processed on our servers.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally
identifiable information unless we provide you with advance notice. This does
not include website hosting partners and other parties who assist us in
operating our website, conducting our business, or servicing you, so long as
those parties agree to keep this information confidential. We may also release
your information when we believe release is appropriate to comply with the law,
enforce our site policies, or protect ours or others' rights, property, or
safety.
However, non-personally identifiable visitor information may be provided to
other parties for marketing, advertising, or other uses.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or
services on our website. These third party sites have separate and independent
privacy policies. We therefore have no responsibility or liability for the
content and activities of these linked sites. Nonetheless, we seek to protect
the integrity of our site and welcome any feedback about these sites.
Google
Google's advertising requirements can be summed up by Google's Advertising
Principles. They are put in place to provide a positive experience for users.
https://support.google.com/adwordspolicy/answer/1316548?hl=en
Google, as a third party vendor, uses cookies to anonymously track analytics
about user-traffic to our site
We use Google AdSense Advertising on our website.
Additionally, Google uses cookies to serve ads on our site. Google's use of the
DART cookie enables it to serve ads to our users based on their visit to our
site and other sites on the Internet. Users may opt out of the use of the DART
cookie by visiting the Google ad and content network privacy policy.
We have implemented the following:
Google Display Network Impression Reporting
We along with third-party vendors, such as Google use first-party cookies (such
as the Google Analytics cookies) and third-party cookies (such as the
DoubleClick cookie) or other third-party identifiers together to compile data
regarding user interactions with ad impressions, and other ad service functions
as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad
Settings page. Alternatively, you can opt out by visiting the Network
Advertising initiative opt out page or permanently using the Google Analytics
Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and
online services to post a privacy policy. The law's reach stretches well beyond
California to require a person or company in the United States (and conceivably
the world) that operates websites collecting personally identifiable information
from California consumers to post a conspicuous privacy policy on its website
stating exactly the information being collected and those individuals with whom
it is being shared, and to comply with this policy. - See more at:
http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA we agree to the following:
Users can visit our site anonymously
Once this privacy policy is created, we will add a link to it on our home page,
or as a minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word 'Privacy', and can be easily be found
on the page specified above.
Users will be notified of any privacy policy changes.
On our Privacy Policy Page users are able to change their personal information:
By emailing us
By calling us
By logging in to their account
By chatting with us or sending us a ticket
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use
advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It's also important to note that we do not allow third party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13,
the Children's Online Privacy Protection Act (COPPA) puts parents in control.
The Federal Trade Commission, the nation's consumer protection agency, enforces
the COPPA Rule, which spells out what operators of websites and online services
must do to protect children's privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in
the United States and the concepts they include have played a significant role
in the development of data protection laws around the globe. Understanding the
Fair Information Practice Principles and how they should be implemented is
critical to comply with the various privacy laws that protect personal
information.
In order to be in line with Fair Information Practices we will take the
following responsive action, should a data breach occur:
We will notify the users via email within 7 business days
We will notify the users via in site notification within 7 business days
We also agree to the individual redress principle, which requires that
individuals have a right to pursue legally enforceable rights against data
collectors and processors who fail to adhere to the law. This principle requires
not only that individuals have enforceable rights against data users, but also
that individuals have recourse to courts or a government agency to investigate
and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes
requirements for commercial messages, gives recipients the right to have emails
stopped from being sent to them, and spells out tough penalties for violations.
We may collect your email address in order to:
To be in accordance with CANSPAM we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you
can email us at help@crowdpurr.com and we will promptly remove you from ALL
correspondence.
Contacting Us
If there are any questions regarding this privacy policy you may contact us
using the information below.
www.crowdpurr.com
1050 Lakes Dr. Suite 225
West Covina, CA 91790
United States of America
help@crowdpurr.com
Updated on September 4th, 2018
By using and accessing this site, you agree to the above Crowdpurr.com Privacy
Policy
TERMS & CONDITIONS
The following Terms and Conditions (“T & Cs”) describes the legal terms and
conditions that all participants, users, and visitors to this interactive web
application (the “Site”) agree to upon entering, joining, or otherwise
participating in any interactive experiences (e.g. online Polls, Trivia Games,
and/or Social Media Walls) on the site.
Please read these terms carefully.
1. “You” or “Customer” means the person or entity that joins or participates or
and anyone who accesses the Services provided to you. “We”, “us”, “our”,
“Company” and “Crowdpurr.com” refer to the Crowdpurr legal entities providing
Services to you. “Service(s)” refer to any services you have agreed to obtain
from us.
2. Agreement and Acceptance. This Agreement incorporates by reference and you
agree to be bound by the following, in this order of priority AND INCLUDING ANY
CHANGES (SEE SECTION 23 BELOW): 1) the product (plan)-specific terms and
conditions, including any Promotional Terms (see Section 27 herein and Your Bill
Messages) and any additional agreements associated with such products; 4) the
Service Order, if any; 5) any relevant click-through agreement for the Services
you received; 6) these Terms and Conditions (“Terms”); 7) the Acceptable Use
Policy .
You accept this Agreement when you do any of the following: (a) give us your
written or electronic signature, (b) tell us orally or electronically that you
accept (i.e., by visiting an experience URL or clicking the “Join” or "Go"
button for joining an interactice experience), or (c) use any Services. If you
have never used the Services before and do not wish to be bound by this
Agreement, do not begin using them and notify us immediately. By accepting this
Agreement, you acknowledge that you are 18 years of age or older, are competent
to enter into a contract with us, and are authorized to obtain Services or make
changes to an existing account. You may obtain a copy of these Terms and any
product-specific Terms and Conditions by emailing us at help@crowdpurr.com. This
Agreement supersedes any and all statements or promises made to you by any of
our employees or agents. If you are a business customer with an existing
contract, those contract terms will control.
3. Personal Identifiers. We assign telephone numbers, e-mail addresses, IP
addresses, and other personal identifiers in connection with the Services. You
have no proprietary right to any such identifiers, and we reserve the right to
change them upon notice to you. In the event that we allow you to transfer a
personal identifier to another party to obtain any Services we provide you, we
reserve the right, prior to honoring the request for transfer, to charge a fee
for the transfer and to collect any money owed for Services.
4. Dispute Resolution. By utilizing Crowdpurr.com’s Services and agreeing to
these Terms, you agree to the following dispute resolution procedures. You and
Crowdpurr.com agree to waive any right to a trial by jury in a court of general
jurisdiction and any right to participate in a class action or consolidated
action regarding a dispute as defined below. Specifically, you and Crowdpurr.com
agree to waive any right to pursue a dispute by joining a disputed claim with
the disputed claim of any other person or entity or to assert a disputed claim
in a representative capacity on behalf of anyone else in any lawsuit,
arbitration or other proceeding.
If you have a dispute with Crowdpurr.com, you should notify Crowdpurr.com’s
Customer Care department at the number listed on your invoice. If the Customer
Care department is unable to resolve your dispute, you must submit your dispute
to us in writing by emailing us at: help@crowdpurr.com. You must describe your
dispute and provide enough detail to allow us to understand it. You must provide
any supporting documentation with your written dispute. If we have a dispute
with you, we will send you a written notice to your billing address to attempt
to resolve the dispute. You and Crowdpurr.com agree that a dispute is any claim
or controversy related in any way to Crowdpurr.com’s Services, including charges
for Services, Service Order(s) or our agreements pursuant to these Terms or any
other agreements, whether the dispute arises in tort, contract, by statute or
any other legal theory and whether the dispute arises under this or any prior
agreement with us or arises after your Services with Crowdpurr.com are
terminated.
If you and Crowdpurr.com are unable to resolve the dispute after 60 days from
the date of receipt of the written dispute, you agree that either you or
Crowdpurr.com shall resolve the dispute in only one of two possible ways: (1) by
seeking relief in small claims court, if appropriate under the applicable
court’s rules, in the city or county of the billing address reflected on your
bill; or (2) by arbitration. This Section does not prohibit you from submitting
any issue you have with Crowdpurr.com to any federal, state or local
governmental agency or public service commission which may be able to seek
relief from Crowdpurr.com on your behalf. If the dispute is regarding the
charges for Services, you agree that if you do not seek relief in small claims
court or by arbitration following the 60 day dispute period, then you will
immediately begin paying the disputed amount that Crowdpurr.com determines is
valid, plus any charges that were not paid during the 60 day dispute period, or
Crowdpurr.com may terminate the Services.
Regarding arbitration, you and Crowdpurr.com specifically agree to finally
resolve all disputes not filed in small claims court by arbitration that will be
final and binding on both you and Crowdpurr.com, subject to any exceptions
required by applicable law. The following provisions shall apply to arbitration:
1. Notice: If you want to arbitrate a dispute with Crowdpurr.com after
expiration of the 60 day dispute period noted above, you must file a claim
with the American Arbitration Association (“AAA”). The claim must include a
description of the dispute, a brief outline of previous efforts to resolve
the dispute, all supporting documentation and a proposed resolution. A copy
of the claim and proof of payment of the filing fee, such as a copy of the
check or money order, should be sent to Crowdpurr.com at:
help@crowdpurr.com. Crowdpurr.com will reimburse you for the filing fee if
your claim does not exceed $75,000. If Crowdpurr.com wants to arbitrate a
dispute with you after expiration of the 60 day dispute period noted above,
Crowdpurr.com will send a copy of its claim to your billing address.
2. Applicable Law:The interpretation and enforceability of the arbitration
provisions, and whether a dispute is subject to arbitration, is subject to
the Federal Arbitration Act (“FAA”) only and not state law.
3. Applicable Rules: Crowdpurr.com and you agree that the arbitration will be
conducted by the AAA. The rules governing the arbitration proceeding will
be the current Commercial Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes (“AAA Rules”) from the American
Arbitration Association. The AAA rules are at www.adr.org or can be
obtained by calling 1.800.778.7879.
4. Method of Arbitration: If your claim is for $10,000 or less, Crowdpurr.com
agrees that you may choose whether the arbitration will be conducted solely
on the written documents submitted, by telephone or in person in the city
or county of the billing address reflected on your bill. If your claim
exceeds $10,000, the right to a hearing will be determined by the AAA
rules. The written documents can be the notice to arbitrate that either of
us send to the other regarding arbitration and referenced above.
5. Arbitration Costs and Attorney Fees: If you properly file a claim with AAA
pursuant to these arbitration provisions, and the amount of your dispute
does not exceed $10,000, Crowdpurr.com agrees to pay for all AAA filing,
administrative and arbitrator fees (“Arbitration Costs”) and your
reasonable attorney’s fees (with reasonable hourly rates and expenses to be
determined by the location of the arbitration) (“Attorney Fees”) incurred
by you regardless of the decision of the arbitrator, unless your claim is
found to be frivolous or improper (as set forth in the Federal Rules of
Civil Procedure Rule 11) by the arbitrator. A portion of the payment of
Arbitration Costs may be in the form of reimbursement, as you may be
required to place a deposit when your notice of arbitration is filed. If
the claim is found to be frivolous or improper, the AAA Rules will apply
regarding payment of Arbitration Costs. If your dispute exceeds $10,000 but
not $75,000, Crowdpurr.com agrees to pay all the Arbitration Costs and 50%
of your Attorney Fees. For disputes of $75,000 or more, the AAA rules
regarding Arbitration Costs will apply. However, Crowdpurr.com agrees to
pay 50% of the Arbitration Costs, and each party will pay its own Attorney
Fees incurred for disputes of $75,000 or more. Notwithstanding the
foregoing, if your claim is found to be frivolous or improper (as set forth
in the Federal Rules of Civil Procedure Rule 11) by the arbitrator,
Crowdpurr.com will have no obligation to pay any of your Attorney Fees. If
Crowdpurr.com disputes the reasonableness of any Attorney Fees, you agree
that the presiding arbitrator shall determine what is a reasonable fee and
his/her decision regarding Attorney Fees will be binding on both you and
Crowdpurr.com. In no event shall Crowdpurr.com be entitled to an award of
its Attorney Fees.
6. Awards: If the arbitrator’s award is in your favor and is greater than the
value of Crowdpurr.com’s last settlement offer made to you prior to
selection of the arbitrator, Crowdpurr.com will pay you the amount of the
arbitrator’s award or $3,000, whichever amount is greater. Crowdpurr.com
also will pay your attorney’s reasonable fees, including expenses, or
$2,500, whichever amount is greater.
7. Injunctive relief: If you seek declaratory or injunctive relief in the
arbitration, the arbitrator may award such relief only to the extent
necessary to provide relief warranted by your individual claim.
8. Consolidation: The arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a representative or
class proceeding.
9. Confidentiality: Any arbitration shall remain confidential. During the
arbitration, the amount of any settlement offer made by Crowdpurr.com or
you shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or Crowdpurr.com is entitled.
Neither you nor Crowdpurr.com may disclose the existence, content or result
of any arbitration or award, except as may be required by law, or to
confirm and enforce an award.
10. Exceptions: Nothing in this Section shall prevent Crowdpurr.com from
issuing notices, including take-down notices for alleged trademark or
copyright infringement pursuant to the Digital Millennium Copyright Act, or
termination of Service pursuant to Crowdpurr.com’s Acceptable Use Policy
for your abuse of your internet access Services. Nothing in this Section
shall prohibit Crowdpurr.com from filing a lawsuit in a court of general
jurisdiction to collect outstanding balances for unpaid Services, or any
other type of charge owed on your account, or for the theft of any Services
by you. This Section is intended to resolve outstanding disputes between us
and not to collect a debt owed by you to Crowdpurr.com.
11. Limitation of Liability: This Section is subject to the Limitation of
Liability Section in these Terms and Conditions.
12. Limitations Period: Any dispute must be brought by you or Crowdpurr.com
within two years after the date the basis for the claim or dispute first
arises.
Notwithstanding any provision in these Terms and Conditions to the contrary, you
and Crowdpurr.com agree that if Crowdpurr.com makes any future change to this
arbitration provision (other than a change to the notice addresses), you may
reject any such change by sending Crowdpurr.com written notice within 30 days of
the change to the Arbitration Notice Address provided above. By rejecting any
such change, you are agreeing that you will arbitrate any dispute between us in
accordance with the language of this provision.
If the provisions concerning the waiver of the class or consolidated actions, or
the provisions regarding mandatory arbitration, are deemed unenforceable or void
as a matter of law, you and Crowdpurr.com agree that all claims will be brought
in a court of general jurisdiction and not resolved through arbitration. YOU AND
Crowdpurr.com WAIVE, THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT
TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING
OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR THE SERVICES PROVIDED BY
US.
5. Services Provided by Third Parties. The Services will be provided either by
us or by our third party vendors or contractors. We reserve the right to change
or modify the source of any Services provided to you without notice.
6. Privacy and Customer Proprietary Network Information. You authorize us to
monitor and record communications to us regarding your account or the Services
for purposes of quality assurance. For on-line orders, we may implement
reasonable procedures including, but not limited to, validating information
provided by you or restricting the amount of Services purchases online. We
reserve the right to cancel or reject on-line orders at any time for security or
privacy reasons.
To provide Services to you, we maintain certain customer proprietary network
information (“CPNI”). CPNI includes information that relates to the quantity,
technical configuration, type destination, location and amount of use of any
telecommunications service we provide to you, and which we obtain because of the
carrier-customer relationship between us. CPNI also includes information
contained in your bill. We may use and share your CPNI without your permission
for the following purposes:
* To protect the rights or property of us or other customers or carriers from
fraudulent, abusive, or unlawful use of or subscription to the Services you
get from us;
* To initiate, render, bill and collect for your Services;
* To provide information telemarketing, referral, or administrative services to
you when you call us if you give us permission to do so;
* To provide call location information regarding the user of a wireless mobile
service to certain other parties in an emergency situation;
* To provide information requested by law enforcement or a third party pursuant
to a subpoena or other method of requesting information. We will not give you
notice of any subpoena or court or administrative orders related to your
account, IP address, contact information or use of Services unless required
to do so by law.
When you view your account information or shop for Services on-line, you agree
that we may display your CPNI on-line after proper verification by you to fill
orders or allow you to make account changes.
7. Theft and Fraud. You agree to keep all passwords, Member ID’s, IP addresses,
and computer names confidential. If your Services are lost or stolen or
fraudulently used, then you are responsible for all usage incurred before we
receive notice from you of such loss or theft. If we choose to pursue
investigation or prosecution of the loss or theft, you agree to cooperate in the
investigation of fraud or theft and to provide us with such information and
documentation as we may request (including affidavits and police reports).
8. LIMITATION OF LIABILITY. FOR PURPOSES OF THIS SECTION, DISCLAIMER OF
WARRANTIES AND EMERGENCY/CRITICAL LINES SECTIONS, “OUR” OR “WE” INCLUDES
CROWDPURR.COM’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS,
SUBCONTRACTORS, VENDORS AND ANY ENTITY ON WHOSE BEHALF THE COMPANY RESELLS
SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY ACCIDENT OR INJURY
CAUSED BY SERVICES OR ANY DAMAGE OR LOSS RESULTING FROM THE MAINTENANCE OR
REMOVAL OF THE SERVICES, ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH
AS LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF
BUSINESS DATA), ANY PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE
SERVICE OR FOR ANY SERVICE INTERRUPTIONS, DELAY OR FAILURE TO PERFORM UNDER THIS
AGREEMENT DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED
TO, STRIKES, LOCKOUTS, OTHER LABOR UNREST, NATURAL DISASTERS, ACTS OF GOD, CABLE
CUTS OR COMMON CARRIER DELAYS. YOU AGREE THAT THE PRICING OF SERVICES REFLECTS
THE INTENT OF BOTH YOU AND US TO LIMIT OUR LIABILITY AS PROVIDED HEREIN. 19.
DATA SERVICES. YOU ACKNOWLEDGE THAT THE INTERNET IS A VOLATILE ENVIRONMENT AND
WE ARE NOT LIABLE FOR CONFIDENTIAL INFORMATION STORED ON OR TRAVERSING OUR
NETWORK. YOU MUST TAKE ALL APPROPRIATE PRECAUTIONS TO SECURE CONFIDENTIAL
INFORMATION INCLUDING ENCRYPTING IF YOU DEEM NECESSARY. 20. DISCLAIMER OF
WARRANTIES. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY ARISING BY COURSE OF TRADE, COURSE
OF DEALING OR COURSE OF PERFORMANCE, ANY WARRANTY THAT THE SERVICES WILL MEET
CUSTOMER’S REQUIREMENTS OR ANY WARRANTY REGARDING THE QUALITY, CONTENT, ACCURACY
OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON OR PASSING THROUGH OR OVER
THE NETWORK. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE
FOREGOING, BROADBAND SPEEDS, TRANSMISSION QUALITY, NETWORK SECURITY OR
RELIABILITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. NO ORAL
OR WRITTEN ADVICE OR INFORMATION BY COMPANY’S EMPLOYEES, AGENTS OR CONTRACTORS
SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION.
Crowdpurr.com DOES NOT GUARANTEE YOUR SERVICE CAN OR WILL BE INSTALLED BY A
PARTICULAR DATE.
9. Indemnification. You agree to indemnify and hold Crowdpurr.com and its
subsidiaries, affiliates, officers, agents, co-branders, licensors or other
partners and employees harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of content you
submit, post, transmit or otherwise make available through the Service, your use
of the Service, your connection to the Service, your violation of this
Agreement, including, without limitation the Acceptable Use Policy, or your
violation of any rights of another. You acknowledge that you are responsible for
all use of the Service using your account, including use by subaccounts, and
that this Agreement, including, without limitation, the Acceptable Use Policy
and Privacy Policies, as amended from time to time, apply to any and all usage
of your account, including use by subaccounts. You agree to abide by these terms
and you agree to defend, hold harmless and indemnify Crowdpurr.com from and
against any and all claims stemming from usage of this account and any
subaccounts,whether or not such usage is expressly authorized by you.
10. Changes to these Terms and Conditions. We may change these Terms, including
any change in any charge or fee, or the imposition of a new charge or fee, at
any time if we give you notice of the change. If we make a change to these Terms
and Conditions that is material and you do not wish to accept such material
change, you may terminate the affected Service by giving us 30 days notice, in
which case you will not be subject to an early cancellation fee. You will,
however, still be responsible for all charges for Services provided before you
terminated your Agreement. A material change is ONLY a change that (a)
terminates or substantially reduces the availability of a Service for you or (b)
results in the increase of any charge by more than 10% of the monthly access
charge for that Service. Material changes in your Service DO NOT include the
increase in, or imposition of: (1) any charge required to be collected by any
governmental authority, such as taxes or surcharges, or (2) any charge not
prohibited by any governmental authority to recoup our expense incurred to
comply with a governmental requirement.
As noted above, if Crowdpurr.com makes future changes to the arbitration
provision in that Section (other than a change to the notice addresses), you may
reject this change by sending Crowdpurr.com written notice within 30 days of the
change to the Arbitration Notice Address. By rejecting the change, you agree
that you will arbitrate any dispute between us in accordance with the language
in Section 10 existing prior to the change.
11. Applicable Law. Your Agreement and our provision of Services to you are
subject to (a) the laws of the state identified in the billing address that you
have provided us and (b) any applicable federal laws including, but not limited
to, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. In the event of an
inconsistency between any governmental requirement and these Terms regarding the
provision of a Service that is subject to the governmental requirement, the
provisions of the governmental requirement will apply to the extent necessary to
avoid the inconsistency.
12. Assignment. We may assign this Agreement to another entity without any
advance consent from or notice to you. You may not assign this Agreement without
our consent.
13. No Waiver, Severability. If we do not enforce any right or remedy available
under this Agreement, that failure is not a waiver. If any part of this
Agreement is held invalid or unenforceable, the remainder of this Agreement will
remain in force.
Identity Protection. Crowdpurr.com partners with a third party vendor to provide
service. As a result of this, you may be required to accept certain terms and
conditions of the service as required by the third party. Crowdpurr.com reserves
the right to alter the service in any way including, but not limited to changing
the third party provider of the service or discontinuing this service at any
time.
Online Backup. Crowdpurr.com partners with a third party vendor to provide
service. As a result of this, you may be required to accept certain terms and
conditions of the service as required by the third party. The purchase and use
of service requires you to be an active Crowdpurr.com residential or small
business High-Speed Internet customer. Service is intended for the backup of
laptops or PCs and does not support stand-alone or network servers. Minimum
system requirements: Windows XP SP3or higher, Windows Vista SP1 or higher and
Internet Explorer 6.0 or later. This service is activated through the
Crowdpurr.com Service Agent. Crowdpurr.com reserves the right to alter the
service in any way including but not limited to changing the third party
provider of the service or discontinuing this service at any time.
Contacting Us
If there are any questions regarding these Terms & Conditions you may contact us
using the information below.
www.crowdpurr.com
1050 Lakes Dr. Suite 225
West Covina, CA 91706
United States of America
help@crowdpurr.com
Updated on September 4th, 2018
GDPR COMPLIANCE POLICY
This General Data Protection Regulation (GDPR) Compliance Policy (“GDPR Policy”)
describes how the GDPR applies to your use of this interactive web application
(the “Site”) and what we’ve done to ensure compliance and give you more control
over your data.
Introduction
Leading up to the implementation of the GDPR (the new EU privacy law since 25
May 2018), we have been hard at work building numerous features that give users
more control of the data that is stored on our platform. We have designed and
enabled these features for all our user, regardless of whether the GDPR
specifically impacts them.
This compliance policy presents to you how the GDPR will apply to your use of
the site and what we have done to ensure we are compliant with the new rules.
What is the General Data Protection Regulation (GDPR)?
The GDPR is a regulation designed to harmonize data privacy laws throughout the
European Union (EU). This new regulation offers individuals in the EU greater
transparency and control over how their personal data is used and make companies
handling personal data accountable for their choices. Even businesses that are
not based in the EU must comply with the GDPR if they are collecting and
processing personal data of individuals located in the EU.
This Site's Role as a Data Controller and Data Processor
If your data processing activities fall under the scope of the GDPR, one of the
first question you should ask yourself is “Am I a data controller or a data
processor?". The answer to this question will help you determining what are your
compliance obligations under the GDPR. The controller is the organization the
determines the purposes and means of processing. As an experience-host user of
this site, you operate as the controller when using our products and services.
You have the responsibility for ensuring that the personal data you are
collecting is being processed lawfully and that you are using processors, such
as this site, that provide sufficient guarantees to meet key requirements of the
GDPR.
This site is considered a processor. We act on the instructions of the user-host
controller of the joined interactive experience, which come in the form of
Experience creation, execution, management, and removal. Similar to controllers,
processors are expected to comply with the GDPR.
As an end-user participant of an interactive experience on this site, your data
will be collected to participate. This GDPR compliance policy will further
explain your rights and how you can control, view, export, and remove any
personal collected data.
On which legal basis can you collect and process personal data?
As a processor, we rely on our customers to ensure that personal data are
collected on the basis of one of the GDPR lawful grounds for processing. You, as
a host controller, can collect personal data based on one of the following legal
basis: (i) consent; (ii) processing is the necessary for the performance of a
contract you have with the data subject; (iii) processing is necessary for
compliance with a legal obligation; (iv) you need to protect the vital interest
of the data subject or of another person; (vi) you (or another third party) have
a legitimate interest to process personal data and this is not overridden by the
interests, rights and freedoms of the data subject.
What about Site’s sub-processors?
Processors may leverage other third-parties in the processing of personal data.
These entities are commonly referred to as “sub-processors". The site uses cloud
infrastructure providers like Amazon Web Services, Rackspace, and Softlayer to
host the site. As required under the GDPR, we have put in place appropriate
measures with our sub-processors that will allow us to secure the personal data
we process on your behalf. If you are one of our costumers, we will provide you
with an exhaustive list of the sub-processors we use.
How do we support you in dealing with data subject rights?
As part of the GDPR, EU data subjects can access their personal data, correct,
remove or export them. They also have the right to restrict the processing of
their personal data.
We have designed our platform with several self-service features that our
customers can leverage to assist in reviewing the personal data stored on our
platform to respond to data requests.
In particular, these features are designed to support the right to data
portability, right to access, and right to be forgotten.
When we, as a processor, receive directly a request from a data subject, we will
engage the respective customer within seven days to respond to the data subject
request (unless otherwise required by law).
What personal data does this site collect and how is it used?
We are committed to be transparent in how we handle and process personal data.
As one of our host-users or participant-users, you should be aware of how we
handle personal data on your behalf.
Participant-User Personal Sign-In Data
When a participant-user signs into an interactive experience (e.g. poll, trivia
game, and/or social wall for example) they may be asked for their first name,
last name, email, phone number, age, address, and/or additional custom lead
capture fields.
Participant-User Personal Sign-In Data may be collected for some experience
types at a minimum as necessary functional information. For example, a trivia
game must collect a nickname, first name, or handle in order to display a
participant's score in the rankings. Additional lead capture fields may be
requested by the host-user for their lead capture purposes for later marketing
and/or analysis.
Participant-User Response Data
When a participant-user responds to an interactive experience such as answering
a poll question, answering a trivia question, sending a text-based answer to a
question, or submitting a text-based social wall post.
The participant-user's submission must be collected in order perform analysis
and essential functionality of the site. For example, compiling all
participant-users' votes for a poll, or computing scores for all
participant-users' trivia game responses, or displaying a social wall of all
participant-user's text responses.
Beyond immediate use within the site for basic functionality, participant-users'
responses may be viewed and exported by the host-user for their own marketing
and analysis purposes. This data can include all interactive experiences a
participant user has interacted in, which questions in each experience a
participant-user has responded to, and what answers and responses a
participant-user sent.
How Can the Participant-User Manage Their Data?
All participant-users can manage any and all of their personal data by clicking
the upper-right-hand corner menu and accessing the various actions including:
* Viewing all collected Sign-In data
* Viewing all collected Response data
* Exporting all collected Sign-In Data
* Exporting all collected Response data
* Removing all collected Sign-In data (by removing their account)
* Removing all collected Response data
* Removing all collected data (by removing their account)
* Removing their partipant-user account completely
Executing any of the data removal functions will permanently remove the
participant-user data from all site servers and host-user experiences. The
host-user will lose all of the participant-user's collected responses and their
personal Sign-In Lead Capture data if the participatn-user chooses to remove
them. When a participant-user removes their any of their collected data they may
sacrifice essential functional elements in any of their joined interactice
experiences. For example, removing one's responses in a trivia game will result
in losing your score and ranking in that trivia game. Also for example, removing
one's personal Sign-In data may result in being immediately removed from any
joined interactive experiences if those experiences required a certain personal
Lead Capture data field by the host user.
Participant-users removal of personal data is at their own risk of negative
consequences in any joined interactive experiences.
How Can the Participant-User Remove Their Account?
All participant-users can remove and permanently delete their account and thus
remove any and all of their personal data by clicking the upper-right-hand
corner menu and selecting the appropriate action.
How have we engaged in complying with the GDPR?
As a processor, we have specific obligations under the GDPR. In this section, we
highlight how we handle personal data and what efforts we are making to ensure
you, as one of our costumers, can trust us.
In our efforts to comply with the GDPR, we have conducted a detailed risk
analysis of all applications that may process personal data of individuals
located in the EU. Based on the result of such analysis, we have put in place
appropriate measures that allow us to comply with the new requirements.
First of all, we have gathered a dedicated team of data protection and security
specialists who review the site's processing of personal data and ensure we have
always privacy in mind.
Thanks to our team, we have taken many proactive steps towards compliance with
the GDPR:
* We have implemented or are working on new policies and procedures to be able
to detect personal data breaches and notify our costumers without undue delay
to ensure they meet the breach notification requirements of the GDPR.
* We have developed procedures to be able to deal with the requests we receive
from data subjects and inform you of such requests.
* We have reviewed and updated the security policies and controls we have in
place. These are continually tested and evolve in line with changing
regulations and governance requirements.
* We have appointed a Data Protection Officer, who will be in charge of
compliance with the GDPR across our business.
* We carry out regular data protection training for our employees and staff.
* We created and maintain a record of pour data processing activities.
The above are only some of the steps we have taken in our path towards GDPR
compliance, which is an ongoing exercise that we are engaged in.
How do we ensure personal data are legally transferred outside of the EEA?
The GDPR does not require that data processing activities are limited to the EU,
but regulates the transfer of personal data outside of the European Economic
Area (EEA). In order to do that, the GDPR provides for different transfer
mechanisms.
The EU-US Privacy Shield is one of the lawful mechanisms to transfer data
between the EU and the US. This site is self-certified to the EU-US Privacy
Shield Framework maintained by the US Department of Commerce (Privacy Shield).
You can inspect our certification in the Privacy Shield list of the US
Department of commerce by searching for “Crowdpurr" here
https://www.privacyshield.gov/list.
In addition to the Privacy Shield, our DPA includes the EU Standard Contractual
Clauses, which are another a valid mechanism for the transfer of data outside of
the EEA. The Standard Contractual Clauses are model clauses published by the EU
commission and designed to facilitate transfers of personal data from a data
exporter located in the EEA and a data importer located outside of the EEA.
What is a Data Processing Agreement and do we need one?
If you are a data controller, the GDPR requires that you enter into an agreement
with your data processors. This agreement is referred to as “Data Processing
Agreement" and sets out how a controller and a processor meet the requirements
of the GDPR. We have this document on file for our data processors.
Does the GDPR impact businesses outside of the EU?
In many cases, yes. Even businesses that are not based in the EU are considered
to be in scope of the GDPR if they are collecting personal data on EU residents.
Does the GDPR require data to be stored in the EU?
The GDPR does not require that data processing be limited to the EU. The EU-US
Privacy Shield is one of several valid lawful mechanisms to transfer data
between the EU and the US. In addition to Privacy Shield, the Site's Data
Processing Agreement includes the EU Model Clauses, which is also a valid
mechanism for the lawful transfer of data between the EU and US.
How does the GDPR impact personal data collected before May 25th, 2018?
The GDPR applies to all personal data, even if it was collected before May 25,
2018.
Contacting Us
If there are any questions regarding this GDPR compliance policy you may contact
us using the information below.
www.crowdpurr.com
1050 Lakes Dr. Suite 225
West Covina, CA 91706
United States of America
help@crowdpurr.com
Updated on September 4th, 2018
COOKIE POLICY
This Cookie Policy (“Cookie Policy”) describes the cookies and other
technologies that this interactive web application (the “Site”) uses on its
website and the choices that you have. This Cookie Policy forms part of our
Privacy Policy.
If you are based in the European Economic Area, when you first visit the Site,
you will be asked to consent to the use of cookies and other technologies on the
Site in accordance with this Cookie Policy, and if you accept we will store them
on your computer.
Cookies and other technologies
A cookie is a piece of information sent to your browser from a website and
stored on your computer’s hard drive. Cookies can help a website like ours
recognize repeat users and allow a website to track web usage behavior. Cookies
work by assigning a number to the user that has no meaning outside of the
assigning website. For more details on cookies and similar technologies please
visit All About Cookies.
Cookies can be stored on your computer for different periods of time. “Session
cookies” only last for as long as the browser session and are deleted
automatically once you close your browser. “Persistent cookies” cookies survive
after your browser is closed until a defined expiration date set in the cookie
(as determined by the third party placing it), and help recognize your computer
when you open your browser and browse the Internet again. The Site uses first
party cookies (cookies set directly by Crowdpurr) as well as third-party
cookies, as described below.
We also use pixel tags (usually in combination with cookies), from the third
parties described below, to get information about your usage of the Site and the
Services and your interaction with email or other communications. Pixel tags are
a technology similar to cookies that can be embedded in online content or within
the body of an email for the purpose of tracking activity on websites (for
example, to know when content has been shown to you), or to know when you have
viewed particular content or a particular email message.
Technologies Used
Cookies - Strictly Necessary
The purpose of this type of cookie is to provide users with the services
available through our Site and to use some of its features, such as the ability
to log-in and access secure areas. These cookies are served by Crowdpurr and are
essential for using the Site. Without these cookies, basic functions of our Site
would not work (e.g. signing in, voting, answering questions, posting, scoring,
rankings, etc).
These cookies cannot be opted out because these cookies are strictly necessary
to deliver the Site and our services, you cannot refuse them.
Analytics & Performance
The purpose is this type of cookie is to better understand the behaviour of the
users on our Site, tracks bots, and improve our services accordingly:
Google Analytics: To learn how Google, Inc. uses data collected on our Site,
visit How Google uses information from sites or apps that use our services.
Learn more on expiration of these cookies here. You can download and install the
Google Analytics Opt-out Browser Add-on for your current web browser at the
following link: Google Analytics Opt-out Browser Add-on.
Advertising & Targeting
The purpose is this type of cookie is to collect information about browsing
habits in order to make advertising more relevant:
Google AdServices: Learn more about Google’s privacy practices at the following
link: Google Privacy Policy. You may opt out of personalized advertising by
visiting Google’s Ads Settings at the following link: Ads Settings.
Your Choices
Please note that if you limit the ability of websites to set cookies, you may be
unable to access certain parts of the Site and you may not be able to benefit
from the full functionality of the Site.
On most web browsers, you will find a “help” section on the toolbar. Please
refer to this section for information on how to receive a notification when you
are receiving a new cookie and how to turn cookies off. Please see the links
below for guidance on how to modify your web browser’s settings on the most
popular browsers:
Internet Explorer
Mozilla Firefo
Google Chrome
Apple Safari
If you access the Site on your mobile device, you may not be able to control
tracking technologies through the settings.
Changes
We may change the type of third party service providers that place cookies on
the Site and amend this Cookie Policy at any time by posting the amended version
on the Site. Unless additional notice or consent is required by applicable laws,
this will serve as your notification of these changes.
Contact Us
If there are any questions regarding this cookie policy you may contact us using
the information below.
www.crowdpurr.com
1050 Lakes Dr. Suite 225
West Covina, CA 91706
United States of America
help@crowdpurr.com
Updated on September 4th, 2018
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THE LEGAL STUFF & GDPR COMPLIANCE
PRIVACY POLICY
This Privacy Policy (“Privacy Policy”) describes the methods that are employed
to collect, manage, and store personal information by the participants, users,
and visitors of this interactive web application (the “Site”) and the choices
that you have.
This privacy policy has been compiled to better serve those who are concerned
with how their 'Personally identifiable information' (PII) is being used online.
PII, as used in US privacy law and information security, is information that can
be used on its own or with other information to identify, contact, or locate a
single person, or to identify an individual in context. Please read our privacy
policy carefully to get a clear understanding of how we collect, use, protect or
otherwise handle your Personally Identifiable Information in accordance with our
website..
What personal information do we collect from the people that join an interactive
experience?
When joining an interactive experience, as appropriate, you may be asked to
enter your name, email address, mailing address, phone number and/or other
details to help you with your experience. We also collect any chosen answers to
multiple-choice questions, text-answers, and social wall text posts.
When do we collect information?
We collect information from you when you join an experience and respond to a
question or submit text and photos on our site.
How do we use your information?
We may use the information we collect from you when you register, sign up for
our newsletter, respond to a question or experience or marketing communication,
navigate the application, or use certain other site features in the following
ways:
• To personalize user's experience and to allow us to deliver the type of
content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service
requests.
• To administer an experience (e.g. poll, trivia game, social wall)
contest, scores, rankings, contenst winners, promotion, survey or other site
feature.
• To quickly process your transactions.
• To send periodic emails, SMS text notifications, or native mobile-OS
notifications regarding your experience or other products and services.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known
vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only
accessible by a limited number of persons who have special access rights to such
systems, and are required to keep the information confidential. In addition, all
sensitive/credit information you supply is encrypted via Secure Socket Layer
(SSL) technology.
We implement a variety of security measures when a user places an order enters,
submits, or accesses their information to maintain the safety of your personal
information.
All transactions are processed through a gateway provider and are not stored or
processed on our servers.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally
identifiable information unless we provide you with advance notice. This does
not include website hosting partners and other parties who assist us in
operating our website, conducting our business, or servicing you, so long as
those parties agree to keep this information confidential. We may also release
your information when we believe release is appropriate to comply with the law,
enforce our site policies, or protect ours or others' rights, property, or
safety.
However, non-personally identifiable visitor information may be provided to
other parties for marketing, advertising, or other uses.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or
services on our website. These third party sites have separate and independent
privacy policies. We therefore have no responsibility or liability for the
content and activities of these linked sites. Nonetheless, we seek to protect
the integrity of our site and welcome any feedback about these sites.
Google
Google's advertising requirements can be summed up by Google's Advertising
Principles. They are put in place to provide a positive experience for users.
https://support.google.com/adwordspolicy/answer/1316548?hl=en
Google, as a third party vendor, uses cookies to anonymously track analytics
about user-traffic to our site
We use Google AdSense Advertising on our website.
Additionally, Google uses cookies to serve ads on our site. Google's use of the
DART cookie enables it to serve ads to our users based on their visit to our
site and other sites on the Internet. Users may opt out of the use of the DART
cookie by visiting the Google ad and content network privacy policy.
We have implemented the following:
Google Display Network Impression Reporting
We along with third-party vendors, such as Google use first-party cookies (such
as the Google Analytics cookies) and third-party cookies (such as the
DoubleClick cookie) or other third-party identifiers together to compile data
regarding user interactions with ad impressions, and other ad service functions
as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad
Settings page. Alternatively, you can opt out by visiting the Network
Advertising initiative opt out page or permanently using the Google Analytics
Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and
online services to post a privacy policy. The law's reach stretches well beyond
California to require a person or company in the United States (and conceivably
the world) that operates websites collecting personally identifiable information
from California consumers to post a conspicuous privacy policy on its website
stating exactly the information being collected and those individuals with whom
it is being shared, and to comply with this policy. - See more at:
http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA we agree to the following:
Users can visit our site anonymously
Once this privacy policy is created, we will add a link to it on our home page,
or as a minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word 'Privacy', and can be easily be found
on the page specified above.
Users will be notified of any privacy policy changes.
On our Privacy Policy Page users are able to change their personal information:
By emailing us
By calling us
By logging in to their account
By chatting with us or sending us a ticket
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use
advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It's also important to note that we do not allow third party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13,
the Children's Online Privacy Protection Act (COPPA) puts parents in control.
The Federal Trade Commission, the nation's consumer protection agency, enforces
the COPPA Rule, which spells out what operators of websites and online services
must do to protect children's privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in
the United States and the concepts they include have played a significant role
in the development of data protection laws around the globe. Understanding the
Fair Information Practice Principles and how they should be implemented is
critical to comply with the various privacy laws that protect personal
information.
In order to be in line with Fair Information Practices we will take the
following responsive action, should a data breach occur:
We will notify the users via email within 7 business days
We will notify the users via in site notification within 7 business days
We also agree to the individual redress principle, which requires that
individuals have a right to pursue legally enforceable rights against data
collectors and processors who fail to adhere to the law. This principle requires
not only that individuals have enforceable rights against data users, but also
that individuals have recourse to courts or a government agency to investigate
and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes
requirements for commercial messages, gives recipients the right to have emails
stopped from being sent to them, and spells out tough penalties for violations.
We may collect your email address in order to:
To be in accordance with CANSPAM we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you
can email us at help@crowdpurr.com and we will promptly remove you from ALL
correspondence.
Contacting Us
If there are any questions regarding this privacy policy you may contact us
using the information below.
www.crowdpurr.com
1050 Lakes Dr. Suite 225
West Covina, CA 91790
United States of America
help@crowdpurr.com
Updated on September 4th, 2018
By using and accessing this site, you agree to the above Crowdpurr.com Privacy
Policy
TERMS & CONDITIONS
The following Terms and Conditions (“T & Cs”) describes the legal terms and
conditions that all participants, users, and visitors to this interactive web
application (the “Site”) agree to upon entering, joining, or otherwise
participating in any interactive experiences (e.g. online Polls, Trivia Games,
and/or Social Media Walls) on the site.
Please read these terms carefully.
1. “You” or “Customer” means the person or entity that joins or participates or
and anyone who accesses the Services provided to you. “We”, “us”, “our”,
“Company” and “Crowdpurr.com” refer to the Crowdpurr legal entities providing
Services to you. “Service(s)” refer to any services you have agreed to obtain
from us.
2. Agreement and Acceptance. This Agreement incorporates by reference and you
agree to be bound by the following, in this order of priority AND INCLUDING ANY
CHANGES (SEE SECTION 23 BELOW): 1) the product (plan)-specific terms and
conditions, including any Promotional Terms (see Section 27 herein and Your Bill
Messages) and any additional agreements associated with such products; 4) the
Service Order, if any; 5) any relevant click-through agreement for the Services
you received; 6) these Terms and Conditions (“Terms”); 7) the Acceptable Use
Policy .
You accept this Agreement when you do any of the following: (a) give us your
written or electronic signature, (b) tell us orally or electronically that you
accept (i.e., by visiting an experience URL or clicking the “Join” or "Go"
button for joining an interactice experience), or (c) use any Services. If you
have never used the Services before and do not wish to be bound by this
Agreement, do not begin using them and notify us immediately. By accepting this
Agreement, you acknowledge that you are 18 years of age or older, are competent
to enter into a contract with us, and are authorized to obtain Services or make
changes to an existing account. You may obtain a copy of these Terms and any
product-specific Terms and Conditions by emailing us at help@crowdpurr.com. This
Agreement supersedes any and all statements or promises made to you by any of
our employees or agents. If you are a business customer with an existing
contract, those contract terms will control.
3. Personal Identifiers. We assign telephone numbers, e-mail addresses, IP
addresses, and other personal identifiers in connection with the Services. You
have no proprietary right to any such identifiers, and we reserve the right to
change them upon notice to you. In the event that we allow you to transfer a
personal identifier to another party to obtain any Services we provide you, we
reserve the right, prior to honoring the request for transfer, to charge a fee
for the transfer and to collect any money owed for Services.
4. Dispute Resolution. By utilizing Crowdpurr.com’s Services and agreeing to
these Terms, you agree to the following dispute resolution procedures. You and
Crowdpurr.com agree to waive any right to a trial by jury in a court of general
jurisdiction and any right to participate in a class action or consolidated
action regarding a dispute as defined below. Specifically, you and Crowdpurr.com
agree to waive any right to pursue a dispute by joining a disputed claim with
the disputed claim of any other person or entity or to assert a disputed claim
in a representative capacity on behalf of anyone else in any lawsuit,
arbitration or other proceeding.
If you have a dispute with Crowdpurr.com, you should notify Crowdpurr.com’s
Customer Care department at the number listed on your invoice. If the Customer
Care department is unable to resolve your dispute, you must submit your dispute
to us in writing by emailing us at: help@crowdpurr.com. You must describe your
dispute and provide enough detail to allow us to understand it. You must provide
any supporting documentation with your written dispute. If we have a dispute
with you, we will send you a written notice to your billing address to attempt
to resolve the dispute. You and Crowdpurr.com agree that a dispute is any claim
or controversy related in any way to Crowdpurr.com’s Services, including charges
for Services, Service Order(s) or our agreements pursuant to these Terms or any
other agreements, whether the dispute arises in tort, contract, by statute or
any other legal theory and whether the dispute arises under this or any prior
agreement with us or arises after your Services with Crowdpurr.com are
terminated.
If you and Crowdpurr.com are unable to resolve the dispute after 60 days from
the date of receipt of the written dispute, you agree that either you or
Crowdpurr.com shall resolve the dispute in only one of two possible ways: (1) by
seeking relief in small claims court, if appropriate under the applicable
court’s rules, in the city or county of the billing address reflected on your
bill; or (2) by arbitration. This Section does not prohibit you from submitting
any issue you have with Crowdpurr.com to any federal, state or local
governmental agency or public service commission which may be able to seek
relief from Crowdpurr.com on your behalf. If the dispute is regarding the
charges for Services, you agree that if you do not seek relief in small claims
court or by arbitration following the 60 day dispute period, then you will
immediately begin paying the disputed amount that Crowdpurr.com determines is
valid, plus any charges that were not paid during the 60 day dispute period, or
Crowdpurr.com may terminate the Services.
Regarding arbitration, you and Crowdpurr.com specifically agree to finally
resolve all disputes not filed in small claims court by arbitration that will be
final and binding on both you and Crowdpurr.com, subject to any exceptions
required by applicable law. The following provisions shall apply to arbitration:
1. Notice: If you want to arbitrate a dispute with Crowdpurr.com after
expiration of the 60 day dispute period noted above, you must file a claim
with the American Arbitration Association (“AAA”). The claim must include a
description of the dispute, a brief outline of previous efforts to resolve
the dispute, all supporting documentation and a proposed resolution. A copy
of the claim and proof of payment of the filing fee, such as a copy of the
check or money order, should be sent to Crowdpurr.com at:
help@crowdpurr.com. Crowdpurr.com will reimburse you for the filing fee if
your claim does not exceed $75,000. If Crowdpurr.com wants to arbitrate a
dispute with you after expiration of the 60 day dispute period noted above,
Crowdpurr.com will send a copy of its claim to your billing address.
2. Applicable Law:The interpretation and enforceability of the arbitration
provisions, and whether a dispute is subject to arbitration, is subject to
the Federal Arbitration Act (“FAA”) only and not state law.
3. Applicable Rules: Crowdpurr.com and you agree that the arbitration will be
conducted by the AAA. The rules governing the arbitration proceeding will
be the current Commercial Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes (“AAA Rules”) from the American
Arbitration Association. The AAA rules are at www.adr.org or can be
obtained by calling 1.800.778.7879.
4. Method of Arbitration: If your claim is for $10,000 or less, Crowdpurr.com
agrees that you may choose whether the arbitration will be conducted solely
on the written documents submitted, by telephone or in person in the city
or county of the billing address reflected on your bill. If your claim
exceeds $10,000, the right to a hearing will be determined by the AAA
rules. The written documents can be the notice to arbitrate that either of
us send to the other regarding arbitration and referenced above.
5. Arbitration Costs and Attorney Fees: If you properly file a claim with AAA
pursuant to these arbitration provisions, and the amount of your dispute
does not exceed $10,000, Crowdpurr.com agrees to pay for all AAA filing,
administrative and arbitrator fees (“Arbitration Costs”) and your
reasonable attorney’s fees (with reasonable hourly rates and expenses to be
determined by the location of the arbitration) (“Attorney Fees”) incurred
by you regardless of the decision of the arbitrator, unless your claim is
found to be frivolous or improper (as set forth in the Federal Rules of
Civil Procedure Rule 11) by the arbitrator. A portion of the payment of
Arbitration Costs may be in the form of reimbursement, as you may be
required to place a deposit when your notice of arbitration is filed. If
the claim is found to be frivolous or improper, the AAA Rules will apply
regarding payment of Arbitration Costs. If your dispute exceeds $10,000 but
not $75,000, Crowdpurr.com agrees to pay all the Arbitration Costs and 50%
of your Attorney Fees. For disputes of $75,000 or more, the AAA rules
regarding Arbitration Costs will apply. However, Crowdpurr.com agrees to
pay 50% of the Arbitration Costs, and each party will pay its own Attorney
Fees incurred for disputes of $75,000 or more. Notwithstanding the
foregoing, if your claim is found to be frivolous or improper (as set forth
in the Federal Rules of Civil Procedure Rule 11) by the arbitrator,
Crowdpurr.com will have no obligation to pay any of your Attorney Fees. If
Crowdpurr.com disputes the reasonableness of any Attorney Fees, you agree
that the presiding arbitrator shall determine what is a reasonable fee and
his/her decision regarding Attorney Fees will be binding on both you and
Crowdpurr.com. In no event shall Crowdpurr.com be entitled to an award of
its Attorney Fees.
6. Awards: If the arbitrator’s award is in your favor and is greater than the
value of Crowdpurr.com’s last settlement offer made to you prior to
selection of the arbitrator, Crowdpurr.com will pay you the amount of the
arbitrator’s award or $3,000, whichever amount is greater. Crowdpurr.com
also will pay your attorney’s reasonable fees, including expenses, or
$2,500, whichever amount is greater.
7. Injunctive relief: If you seek declaratory or injunctive relief in the
arbitration, the arbitrator may award such relief only to the extent
necessary to provide relief warranted by your individual claim.
8. Consolidation: The arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a representative or
class proceeding.
9. Confidentiality: Any arbitration shall remain confidential. During the
arbitration, the amount of any settlement offer made by Crowdpurr.com or
you shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or Crowdpurr.com is entitled.
Neither you nor Crowdpurr.com may disclose the existence, content or result
of any arbitration or award, except as may be required by law, or to
confirm and enforce an award.
10. Exceptions: Nothing in this Section shall prevent Crowdpurr.com from
issuing notices, including take-down notices for alleged trademark or
copyright infringement pursuant to the Digital Millennium Copyright Act, or
termination of Service pursuant to Crowdpurr.com’s Acceptable Use Policy
for your abuse of your internet access Services. Nothing in this Section
shall prohibit Crowdpurr.com from filing a lawsuit in a court of general
jurisdiction to collect outstanding balances for unpaid Services, or any
other type of charge owed on your account, or for the theft of any Services
by you. This Section is intended to resolve outstanding disputes between us
and not to collect a debt owed by you to Crowdpurr.com.
11. Limitation of Liability: This Section is subject to the Limitation of
Liability Section in these Terms and Conditions.
12. Limitations Period: Any dispute must be brought by you or Crowdpurr.com
within two years after the date the basis for the claim or dispute first
arises.
Notwithstanding any provision in these Terms and Conditions to the contrary, you
and Crowdpurr.com agree that if Crowdpurr.com makes any future change to this
arbitration provision (other than a change to the notice addresses), you may
reject any such change by sending Crowdpurr.com written notice within 30 days of
the change to the Arbitration Notice Address provided above. By rejecting any
such change, you are agreeing that you will arbitrate any dispute between us in
accordance with the language of this provision.
If the provisions concerning the waiver of the class or consolidated actions, or
the provisions regarding mandatory arbitration, are deemed unenforceable or void
as a matter of law, you and Crowdpurr.com agree that all claims will be brought
in a court of general jurisdiction and not resolved through arbitration. YOU AND
Crowdpurr.com WAIVE, THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT
TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING
OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR THE SERVICES PROVIDED BY
US.
5. Services Provided by Third Parties. The Services will be provided either by
us or by our third party vendors or contractors. We reserve the right to change
or modify the source of any Services provided to you without notice.
6. Privacy and Customer Proprietary Network Information. You authorize us to
monitor and record communications to us regarding your account or the Services
for purposes of quality assurance. For on-line orders, we may implement
reasonable procedures including, but not limited to, validating information
provided by you or restricting the amount of Services purchases online. We
reserve the right to cancel or reject on-line orders at any time for security or
privacy reasons.
To provide Services to you, we maintain certain customer proprietary network
information (“CPNI”). CPNI includes information that relates to the quantity,
technical configuration, type destination, location and amount of use of any
telecommunications service we provide to you, and which we obtain because of the
carrier-customer relationship between us. CPNI also includes information
contained in your bill. We may use and share your CPNI without your permission
for the following purposes:
* To protect the rights or property of us or other customers or carriers from
fraudulent, abusive, or unlawful use of or subscription to the Services you
get from us;
* To initiate, render, bill and collect for your Services;
* To provide information telemarketing, referral, or administrative services to
you when you call us if you give us permission to do so;
* To provide call location information regarding the user of a wireless mobile
service to certain other parties in an emergency situation;
* To provide information requested by law enforcement or a third party pursuant
to a subpoena or other method of requesting information. We will not give you
notice of any subpoena or court or administrative orders related to your
account, IP address, contact information or use of Services unless required
to do so by law.
When you view your account information or shop for Services on-line, you agree
that we may display your CPNI on-line after proper verification by you to fill
orders or allow you to make account changes.
7. Theft and Fraud. You agree to keep all passwords, Member ID’s, IP addresses,
and computer names confidential. If your Services are lost or stolen or
fraudulently used, then you are responsible for all usage incurred before we
receive notice from you of such loss or theft. If we choose to pursue
investigation or prosecution of the loss or theft, you agree to cooperate in the
investigation of fraud or theft and to provide us with such information and
documentation as we may request (including affidavits and police reports).
8. LIMITATION OF LIABILITY. FOR PURPOSES OF THIS SECTION, DISCLAIMER OF
WARRANTIES AND EMERGENCY/CRITICAL LINES SECTIONS, “OUR” OR “WE” INCLUDES
CROWDPURR.COM’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS,
SUBCONTRACTORS, VENDORS AND ANY ENTITY ON WHOSE BEHALF THE COMPANY RESELLS
SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY ACCIDENT OR INJURY
CAUSED BY SERVICES OR ANY DAMAGE OR LOSS RESULTING FROM THE MAINTENANCE OR
REMOVAL OF THE SERVICES, ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH
AS LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF
BUSINESS DATA), ANY PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE
SERVICE OR FOR ANY SERVICE INTERRUPTIONS, DELAY OR FAILURE TO PERFORM UNDER THIS
AGREEMENT DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED
TO, STRIKES, LOCKOUTS, OTHER LABOR UNREST, NATURAL DISASTERS, ACTS OF GOD, CABLE
CUTS OR COMMON CARRIER DELAYS. YOU AGREE THAT THE PRICING OF SERVICES REFLECTS
THE INTENT OF BOTH YOU AND US TO LIMIT OUR LIABILITY AS PROVIDED HEREIN. 19.
DATA SERVICES. YOU ACKNOWLEDGE THAT THE INTERNET IS A VOLATILE ENVIRONMENT AND
WE ARE NOT LIABLE FOR CONFIDENTIAL INFORMATION STORED ON OR TRAVERSING OUR
NETWORK. YOU MUST TAKE ALL APPROPRIATE PRECAUTIONS TO SECURE CONFIDENTIAL
INFORMATION INCLUDING ENCRYPTING IF YOU DEEM NECESSARY. 20. DISCLAIMER OF
WARRANTIES. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY ARISING BY COURSE OF TRADE, COURSE
OF DEALING OR COURSE OF PERFORMANCE, ANY WARRANTY THAT THE SERVICES WILL MEET
CUSTOMER’S REQUIREMENTS OR ANY WARRANTY REGARDING THE QUALITY, CONTENT, ACCURACY
OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON OR PASSING THROUGH OR OVER
THE NETWORK. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE
FOREGOING, BROADBAND SPEEDS, TRANSMISSION QUALITY, NETWORK SECURITY OR
RELIABILITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. NO ORAL
OR WRITTEN ADVICE OR INFORMATION BY COMPANY’S EMPLOYEES, AGENTS OR CONTRACTORS
SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION.
Crowdpurr.com DOES NOT GUARANTEE YOUR SERVICE CAN OR WILL BE INSTALLED BY A
PARTICULAR DATE.
9. Indemnification. You agree to indemnify and hold Crowdpurr.com and its
subsidiaries, affiliates, officers, agents, co-branders, licensors or other
partners and employees harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of content you
submit, post, transmit or otherwise make available through the Service, your use
of the Service, your connection to the Service, your violation of this
Agreement, including, without limitation the Acceptable Use Policy, or your
violation of any rights of another. You acknowledge that you are responsible for
all use of the Service using your account, including use by subaccounts, and
that this Agreement, including, without limitation, the Acceptable Use Policy
and Privacy Policies, as amended from time to time, apply to any and all usage
of your account, including use by subaccounts. You agree to abide by these terms
and you agree to defend, hold harmless and indemnify Crowdpurr.com from and
against any and all claims stemming from usage of this account and any
subaccounts,whether or not such usage is expressly authorized by you.
10. Changes to these Terms and Conditions. We may change these Terms, including
any change in any charge or fee, or the imposition of a new charge or fee, at
any time if we give you notice of the change. If we make a change to these Terms
and Conditions that is material and you do not wish to accept such material
change, you may terminate the affected Service by giving us 30 days notice, in
which case you will not be subject to an early cancellation fee. You will,
however, still be responsible for all charges for Services provided before you
terminated your Agreement. A material change is ONLY a change that (a)
terminates or substantially reduces the availability of a Service for you or (b)
results in the increase of any charge by more than 10% of the monthly access
charge for that Service. Material changes in your Service DO NOT include the
increase in, or imposition of: (1) any charge required to be collected by any
governmental authority, such as taxes or surcharges, or (2) any charge not
prohibited by any governmental authority to recoup our expense incurred to
comply with a governmental requirement.
As noted above, if Crowdpurr.com makes future changes to the arbitration
provision in that Section (other than a change to the notice addresses), you may
reject this change by sending Crowdpurr.com written notice within 30 days of the
change to the Arbitration Notice Address. By rejecting the change, you agree
that you will arbitrate any dispute between us in accordance with the language
in Section 10 existing prior to the change.
11. Applicable Law. Your Agreement and our provision of Services to you are
subject to (a) the laws of the state identified in the billing address that you
have provided us and (b) any applicable federal laws including, but not limited
to, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. In the event of an
inconsistency between any governmental requirement and these Terms regarding the
provision of a Service that is subject to the governmental requirement, the
provisions of the governmental requirement will apply to the extent necessary to
avoid the inconsistency.
12. Assignment. We may assign this Agreement to another entity without any
advance consent from or notice to you. You may not assign this Agreement without
our consent.
13. No Waiver, Severability. If we do not enforce any right or remedy available
under this Agreement, that failure is not a waiver. If any part of this
Agreement is held invalid or unenforceable, the remainder of this Agreement will
remain in force.
Identity Protection. Crowdpurr.com partners with a third party vendor to provide
service. As a result of this, you may be required to accept certain terms and
conditions of the service as required by the third party. Crowdpurr.com reserves
the right to alter the service in any way including, but not limited to changing
the third party provider of the service or discontinuing this service at any
time.
Online Backup. Crowdpurr.com partners with a third party vendor to provide
service. As a result of this, you may be required to accept certain terms and
conditions of the service as required by the third party. The purchase and use
of service requires you to be an active Crowdpurr.com residential or small
business High-Speed Internet customer. Service is intended for the backup of
laptops or PCs and does not support stand-alone or network servers. Minimum
system requirements: Windows XP SP3or higher, Windows Vista SP1 or higher and
Internet Explorer 6.0 or later. This service is activated through the
Crowdpurr.com Service Agent. Crowdpurr.com reserves the right to alter the
service in any way including but not limited to changing the third party
provider of the service or discontinuing this service at any time.
Contacting Us
If there are any questions regarding these Terms & Conditions you may contact us
using the information below.
www.crowdpurr.com
1050 Lakes Dr. Suite 225
West Covina, CA 91706
United States of America
help@crowdpurr.com
Updated on September 4th, 2018
GDPR COMPLIANCE POLICY
This General Data Protection Regulation (GDPR) Compliance Policy (“GDPR Policy”)
describes how the GDPR applies to your use of this interactive web application
(the “Site”) and what we’ve done to ensure compliance and give you more control
over your data.
Introduction
Leading up to the implementation of the GDPR (the new EU privacy law since 25
May 2018), we have been hard at work building numerous features that give users
more control of the data that is stored on our platform. We have designed and
enabled these features for all our user, regardless of whether the GDPR
specifically impacts them.
This compliance policy presents to you how the GDPR will apply to your use of
the site and what we have done to ensure we are compliant with the new rules.
What is the General Data Protection Regulation (GDPR)?
The GDPR is a regulation designed to harmonize data privacy laws throughout the
European Union (EU). This new regulation offers individuals in the EU greater
transparency and control over how their personal data is used and make companies
handling personal data accountable for their choices. Even businesses that are
not based in the EU must comply with the GDPR if they are collecting and
processing personal data of individuals located in the EU.
This Site's Role as a Data Controller and Data Processor
If your data processing activities fall under the scope of the GDPR, one of the
first question you should ask yourself is “Am I a data controller or a data
processor?". The answer to this question will help you determining what are your
compliance obligations under the GDPR. The controller is the organization the
determines the purposes and means of processing. As an experience-host user of
this site, you operate as the controller when using our products and services.
You have the responsibility for ensuring that the personal data you are
collecting is being processed lawfully and that you are using processors, such
as this site, that provide sufficient guarantees to meet key requirements of the
GDPR.
This site is considered a processor. We act on the instructions of the user-host
controller of the joined interactive experience, which come in the form of
Experience creation, execution, management, and removal. Similar to controllers,
processors are expected to comply with the GDPR.
As an end-user participant of an interactive experience on this site, your data
will be collected to participate. This GDPR compliance policy will further
explain your rights and how you can control, view, export, and remove any
personal collected data.
On which legal basis can you collect and process personal data?
As a processor, we rely on our customers to ensure that personal data are
collected on the basis of one of the GDPR lawful grounds for processing. You, as
a host controller, can collect personal data based on one of the following legal
basis: (i) consent; (ii) processing is the necessary for the performance of a
contract you have with the data subject; (iii) processing is necessary for
compliance with a legal obligation; (iv) you need to protect the vital interest
of the data subject or of another person; (vi) you (or another third party) have
a legitimate interest to process personal data and this is not overridden by the
interests, rights and freedoms of the data subject.
What about Site’s sub-processors?
Processors may leverage other third-parties in the processing of personal data.
These entities are commonly referred to as “sub-processors". The site uses cloud
infrastructure providers like Amazon Web Services, Rackspace, and Softlayer to
host the site. As required under the GDPR, we have put in place appropriate
measures with our sub-processors that will allow us to secure the personal data
we process on your behalf. If you are one of our costumers, we will provide you
with an exhaustive list of the sub-processors we use.
How do we support you in dealing with data subject rights?
As part of the GDPR, EU data subjects can access their personal data, correct,
remove or export them. They also have the right to restrict the processing of
their personal data.
We have designed our platform with several self-service features that our
customers can leverage to assist in reviewing the personal data stored on our
platform to respond to data requests.
In particular, these features are designed to support the right to data
portability, right to access, and right to be forgotten.
When we, as a processor, receive directly a request from a data subject, we will
engage the respective customer within seven days to respond to the data subject
request (unless otherwise required by law).
What personal data does this site collect and how is it used?
We are committed to be transparent in how we handle and process personal data.
As one of our host-users or participant-users, you should be aware of how we
handle personal data on your behalf.
Participant-User Personal Sign-In Data
When a participant-user signs into an interactive experience (e.g. poll, trivia
game, and/or social wall for example) they may be asked for their first name,
last name, email, phone number, age, address, and/or additional custom lead
capture fields.
Participant-User Personal Sign-In Data may be collected for some experience
types at a minimum as necessary functional information. For example, a trivia
game must collect a nickname, first name, or handle in order to display a
participant's score in the rankings. Additional lead capture fields may be
requested by the host-user for their lead capture purposes for later marketing
and/or analysis.
Participant-User Response Data
When a participant-user responds to an interactive experience such as answering
a poll question, answering a trivia question, sending a text-based answer to a
question, or submitting a text-based social wall post.
The participant-user's submission must be collected in order perform analysis
and essential functionality of the site. For example, compiling all
participant-users' votes for a poll, or computing scores for all
participant-users' trivia game responses, or displaying a social wall of all
participant-user's text responses.
Beyond immediate use within the site for basic functionality, participant-users'
responses may be viewed and exported by the host-user for their own marketing
and analysis purposes. This data can include all interactive experiences a
participant user has interacted in, which questions in each experience a
participant-user has responded to, and what answers and responses a
participant-user sent.
How Can the Participant-User Manage Their Data?
All participant-users can manage any and all of their personal data by clicking
the upper-right-hand corner menu and accessing the various actions including:
* Viewing all collected Sign-In data
* Viewing all collected Response data
* Exporting all collected Sign-In Data
* Exporting all collected Response data
* Removing all collected Sign-In data (by removing their account)
* Removing all collected Response data
* Removing all collected data (by removing their account)
* Removing their partipant-user account completely
Executing any of the data removal functions will permanently remove the
participant-user data from all site servers and host-user experiences. The
host-user will lose all of the participant-user's collected responses and their
personal Sign-In Lead Capture data if the participatn-user chooses to remove
them. When a participant-user removes their any of their collected data they may
sacrifice essential functional elements in any of their joined interactice
experiences. For example, removing one's responses in a trivia game will result
in losing your score and ranking in that trivia game. Also for example, removing
one's personal Sign-In data may result in being immediately removed from any
joined interactive experiences if those experiences required a certain personal
Lead Capture data field by the host user.
Participant-users removal of personal data is at their own risk of negative
consequences in any joined interactive experiences.
How Can the Participant-User Remove Their Account?
All participant-users can remove and permanently delete their account and thus
remove any and all of their personal data by clicking the upper-right-hand
corner menu and selecting the appropriate action.
How have we engaged in complying with the GDPR?
As a processor, we have specific obligations under the GDPR. In this section, we
highlight how we handle personal data and what efforts we are making to ensure
you, as one of our costumers, can trust us.
In our efforts to comply with the GDPR, we have conducted a detailed risk
analysis of all applications that may process personal data of individuals
located in the EU. Based on the result of such analysis, we have put in place
appropriate measures that allow us to comply with the new requirements.
First of all, we have gathered a dedicated team of data protection and security
specialists who review the site's processing of personal data and ensure we have
always privacy in mind.
Thanks to our team, we have taken many proactive steps towards compliance with
the GDPR:
* We have implemented or are working on new policies and procedures to be able
to detect personal data breaches and notify our costumers without undue delay
to ensure they meet the breach notification requirements of the GDPR.
* We have developed procedures to be able to deal with the requests we receive
from data subjects and inform you of such requests.
* We have reviewed and updated the security policies and controls we have in
place. These are continually tested and evolve in line with changing
regulations and governance requirements.
* We have appointed a Data Protection Officer, who will be in charge of
compliance with the GDPR across our business.
* We carry out regular data protection training for our employees and staff.
* We created and maintain a record of pour data processing activities.
The above are only some of the steps we have taken in our path towards GDPR
compliance, which is an ongoing exercise that we are engaged in.
How do we ensure personal data are legally transferred outside of the EEA?
The GDPR does not require that data processing activities are limited to the EU,
but regulates the transfer of personal data outside of the European Economic
Area (EEA). In order to do that, the GDPR provides for different transfer
mechanisms.
The EU-US Privacy Shield is one of the lawful mechanisms to transfer data
between the EU and the US. This site is self-certified to the EU-US Privacy
Shield Framework maintained by the US Department of Commerce (Privacy Shield).
You can inspect our certification in the Privacy Shield list of the US
Department of commerce by searching for “Crowdpurr" here
https://www.privacyshield.gov/list.
In addition to the Privacy Shield, our DPA includes the EU Standard Contractual
Clauses, which are another a valid mechanism for the transfer of data outside of
the EEA. The Standard Contractual Clauses are model clauses published by the EU
commission and designed to facilitate transfers of personal data from a data
exporter located in the EEA and a data importer located outside of the EEA.
What is a Data Processing Agreement and do we need one?
If you are a data controller, the GDPR requires that you enter into an agreement
with your data processors. This agreement is referred to as “Data Processing
Agreement" and sets out how a controller and a processor meet the requirements
of the GDPR. We have this document on file for our data processors.
Does the GDPR impact businesses outside of the EU?
In many cases, yes. Even businesses that are not based in the EU are considered
to be in scope of the GDPR if they are collecting personal data on EU residents.
Does the GDPR require data to be stored in the EU?
The GDPR does not require that data processing be limited to the EU. The EU-US
Privacy Shield is one of several valid lawful mechanisms to transfer data
between the EU and the US. In addition to Privacy Shield, the Site's Data
Processing Agreement includes the EU Model Clauses, which is also a valid
mechanism for the lawful transfer of data between the EU and US.
How does the GDPR impact personal data collected before May 25th, 2018?
The GDPR applies to all personal data, even if it was collected before May 25,
2018.
Contacting Us
If there are any questions regarding this GDPR compliance policy you may contact
us using the information below.
www.crowdpurr.com
1050 Lakes Dr. Suite 225
West Covina, CA 91706
United States of America
help@crowdpurr.com
Updated on September 4th, 2018
COOKIE POLICY
This Cookie Policy (“Cookie Policy”) describes the cookies and other
technologies that this interactive web application (the “Site”) uses on its
website and the choices that you have. This Cookie Policy forms part of our
Privacy Policy.
If you are based in the European Economic Area, when you first visit the Site,
you will be asked to consent to the use of cookies and other technologies on the
Site in accordance with this Cookie Policy, and if you accept we will store them
on your computer.
Cookies and other technologies
A cookie is a piece of information sent to your browser from a website and
stored on your computer’s hard drive. Cookies can help a website like ours
recognize repeat users and allow a website to track web usage behavior. Cookies
work by assigning a number to the user that has no meaning outside of the
assigning website. For more details on cookies and similar technologies please
visit All About Cookies.
Cookies can be stored on your computer for different periods of time. “Session
cookies” only last for as long as the browser session and are deleted
automatically once you close your browser. “Persistent cookies” cookies survive
after your browser is closed until a defined expiration date set in the cookie
(as determined by the third party placing it), and help recognize your computer
when you open your browser and browse the Internet again. The Site uses first
party cookies (cookies set directly by Crowdpurr) as well as third-party
cookies, as described below.
We also use pixel tags (usually in combination with cookies), from the third
parties described below, to get information about your usage of the Site and the
Services and your interaction with email or other communications. Pixel tags are
a technology similar to cookies that can be embedded in online content or within
the body of an email for the purpose of tracking activity on websites (for
example, to know when content has been shown to you), or to know when you have
viewed particular content or a particular email message.
Technologies Used
Cookies - Strictly Necessary
The purpose of this type of cookie is to provide users with the services
available through our Site and to use some of its features, such as the ability
to log-in and access secure areas. These cookies are served by Crowdpurr and are
essential for using the Site. Without these cookies, basic functions of our Site
would not work (e.g. signing in, voting, answering questions, posting, scoring,
rankings, etc).
These cookies cannot be opted out because these cookies are strictly necessary
to deliver the Site and our services, you cannot refuse them.
Analytics & Performance
The purpose is this type of cookie is to better understand the behaviour of the
users on our Site, tracks bots, and improve our services accordingly:
Google Analytics: To learn how Google, Inc. uses data collected on our Site,
visit How Google uses information from sites or apps that use our services.
Learn more on expiration of these cookies here. You can download and install the
Google Analytics Opt-out Browser Add-on for your current web browser at the
following link: Google Analytics Opt-out Browser Add-on.
Advertising & Targeting
The purpose is this type of cookie is to collect information about browsing
habits in order to make advertising more relevant:
Google AdServices: Learn more about Google’s privacy practices at the following
link: Google Privacy Policy. You may opt out of personalized advertising by
visiting Google’s Ads Settings at the following link: Ads Settings.
Your Choices
Please note that if you limit the ability of websites to set cookies, you may be
unable to access certain parts of the Site and you may not be able to benefit
from the full functionality of the Site.
On most web browsers, you will find a “help” section on the toolbar. Please
refer to this section for information on how to receive a notification when you
are receiving a new cookie and how to turn cookies off. Please see the links
below for guidance on how to modify your web browser’s settings on the most
popular browsers:
Internet Explorer
Mozilla Firefo
Google Chrome
Apple Safari
If you access the Site on your mobile device, you may not be able to control
tracking technologies through the settings.
Changes
We may change the type of third party service providers that place cookies on
the Site and amend this Cookie Policy at any time by posting the amended version
on the Site. Unless additional notice or consent is required by applicable laws,
this will serve as your notification of these changes.
Contact Us
If there are any questions regarding this cookie policy you may contact us using
the information below.
www.crowdpurr.com
1050 Lakes Dr. Suite 225
West Covina, CA 91706
United States of America
help@crowdpurr.com
Updated on September 4th, 2018
Version 3.5.2
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