Terms & Privacy

Terms and Conditions

TERMS AND CONDITIONS

The following Terms and Conditions (the“Agreement”) apply to Company’s use of the Services (as defined below) made available by allwhere, Inc. (“Supplier”). For purposes of this Agreement, “Company” means the entity identified as the “Company”  during the registration and check-outprocess. The Services will be made available to Company commencing upon the date that Company has accepted this Agreement (“Effective Date”).

I.             DEFINED TERMS.

1.            “Affiliate” means any entity whichdirectly or indirectly controls, is controlled by, or is under common controlby either party.  For purposes of thepreceding sentence, “control” means direct or indirect ownership or control ofmore than 50% of the voting interests of the subject entity.

2.            “Authorized Parties” means Company’sand its Affiliates’ designated employees and third party contractors orproviders.

3.            “Checkout Page” means thelanding page on which Company elects the Core Services it is purchasing. TheCheckout Page shall also reflect the fees for the Core Services.

4.            “Company Assets” means any assets ofthe Company that are shipped by Company or provided to Supplier for storage orshipment services.

5.            “Company Data” means data,information submitted by or on behalf of Company or Authorized Parties inconnection with the Services, or otherwise arising from or accessible inconnection with their use of the Services, including any personallyidentifiable information or other information associated with or that otherwisecould be used to potentially identify an individual.

6.            “Core Services”  means Supplier’s services of assistingCompany with equipment and device procurement, logistics, support, andservices, including: (i) procuring Third-Party Goods selected by Company; (ii)retrieving Third-Party Goods from certain locations designated by Company(including through a third-party carrier) and de-commissioning such Third-PartyGoods; (iii) storage of Third-Party Goods and Company Assets at a storagefacility managed by Supplier; (iv) deploying Third-Party Goods and Company Assetsto certain locations designated by Company (including via a third-partycarrier); and (v) other services related to provisioning and management ofThird-Party Goods. The Core Services may be further detailed on the CheckoutPage or in a Quotation.

7.            “Documentation” means Supplier’s userguides or other documentation for the Services which describes the then-currentfunctions and features of the Services.  

8.            “Intellectual Property Rights” meansany and all intellectual property rights and proprietary rights throughout theworld, including copyrights, trademarks, trade secrets, patents and othercomparable rights issued, honored or enforceable under any applicable laws, andall moral rights related thereto, and any applications or registrations inconnection with the foregoing rights.

9.            “Law” means any local, state,national and/or foreign law, treaties, rules, and/or regulations.

10.         “Platform Services” means aSupplier’s proprietary platform and/or the Documentation relating thereto,including the hosting, maintenance, support relating thereto, but excluding theCore Services.  

11.         "Quotation” means awritten quotation, pursuant to which Supplier agrees to provide Services toCompany, in substantially the same form as set forth on Exhibit A.

12.         “Services” means the Core Servicesand the Platform Services.

13.         “Term” has the meaning set forth inSection IX.1.

14.         “Third-Party Goods” means any thirdparty products, goods or services that Supplier may procure for Company throughthe use of the Platform Services or Core Services.

II.            SERVICES.

1.            Provisionof Platform Services. Supplier will make the Platform Services available inaccordance with the Documentation to Company and its Authorized Parties duringthe Term.  Company may enable access ofthe Platform Services for use by it and the Authorized Parties for the businesspurposes of Company and its Affiliates and for other purposes contemplatedunder the Documentation.  Company will beresponsible for the accuracy and quality of Company Data it provides hereunder,and Company will take commercially reasonable efforts to prevent unauthorizedaccess to, or use of, the Service, and notify Supplier promptly of any suchunauthorized access or use of which it is aware.

2.            Provisionof Core Services & Sale of Third-Party Goods. Supplier shall usecommercially reasonable efforts to perform the Core Services, as elected byCompany on the Checkout Page or as set forth in a Quotation, which may includeSupplier’s procurement of Third-Party Goods for Company.  In the event that the availability or pricingof Third-Party Goods provided on the Checkout Page or set forth in theQuotation changes after such pricing is provided to Company, Supplier shallnotify Company of such change and provide revised pricing in writing (e-mail tosuffice), and Company must confirm its assent to the changes for the order tobe deemed confirmed. To the extent that Supplier is providing inventory storageor shipment services for Company Assets or Third-Party Goods as part of theCore Services, Supplier shall be responsible for any damage to such CompanyAssets or Third-Party Goods until delivered to Company’s designated facility;provided that, notwithstanding the foregoing, Supplier shall have no liabilityin connection with the negligence or misconduct of Company or any third-partycarriers. For the avoidance of doubt, Supplier shall not have any liability inconnection with the Company Assets, and Company shall be responsible forensuring any Company Asset is safe, in proper condition to ship, and in compliancewith the terms and conditions of any third-party carrier. Supplier shall usegood faith efforts to address any changes that Company may request inconnection with the Core Services and, as appropriate and as may be agreed uponby the parties, the parties may agree upon such changes or customizations inwriting (e-mail to suffice). Company acknowledges that Supplier is not themanufacturer or owner of any Third-Party Goods, and Supplier is not responsiblefor any maintenance, warranties, or support services in connectiontherewith.  To the extent permitted bythe applicable manufacturer, Supplier will pass along any transferablewarranties associated with any Third-Party Goods purchased by Company fromSupplier.

3.            Feedback.Company hereby grants to Supplier a non-exclusive, royalty-free, worldwide,transferable, sublicensable, irrevocable, perpetual license to use andotherwise exploit any suggestions, enhancement requests, recommendations orother feedback obtained in the course of providing the Services.  Supplier will not identify Company as thesource of any such feedback.

III.          FEES.

1.            General.  Company shall pay Supplier the fees for theServices set forth in the applicable Checkout Page or Quotation, or otherwiseset forth in writing between the parties (e-mail to suffice). All orders forServices (including without limitation payment for Third-Party Goods) arenon-refundable. Third-Party Goods are not returnable. Non-payment or latepayment of undisputed fees is a material breach of this Agreement.

2.            Invoicingand Payment.  Unless otherwisespecified in the applicable Checkout Page, Quotation, or otherwise in writingbetween the parties (e-mail to suffice), (i) all amounts payable will be quotedand payable in United States Dollars, (ii) fees for Platform Services will beinvoiced and payable as provided in the applicable Checkout Page or Quotation,(iii) fees for Core Services will be invoiced and payable upon receipt, and(iv) invoiced amounts not disputed in good faith will be due and payable perinvoice terms.  

3.            Payment Terms Application. Companymay submit an application to the Supplier for net 30 payment terms during theterm of this Agreement. Supplier will determine, in its sole discretion,whether Company qualifies for net 30 payment terms. If so, after such decision,all Supplier invoices will henceforth become due 30 days following invoiceissuance (and the invoices shall reflect same). The parties agree that Suppliermay require ongoing review of Company financial statements in order to continuequalifying for net 30 payment terms, and Supplier may elect to revoke suchpayment terms in its sole and absolute discretion.

4.            Taxes.  Unless otherwise stated, Supplier’s fees donot include any taxes, levies, duties or similar governmental assessments ofany nature, including value-added, sales and use, or withholding taxes,assessable by any local, state, provincial, federal or foreign jurisdiction(collectively, “Taxes”).  Supplier willlist any such Taxes at the appropriate amounts as separate line items on theinvoice and will be responsible for remitting them to the relevant taxauthorities in a timely fashion.  Companywill bear all Taxes properly invoiced by Supplier unless Company providesSupplier with a valid tax exemption certificate authorized by the appropriatetaxing authority.  Supplier will besolely responsible for taxes assessable against it based on its income,property or employees.

5.            LateFee. Any amounts not paid when due will bear interest at the rate of oneand one half percent (1.5%) per month, or the maximum legal rate if less, fromthe due date until paid.

IV.          INTELLECTUAL PROPERTY RIGHTS &CONFIDENTIALITY.

1.            Reservationof Intellectual Property Rights. Subject to the limited rights expressly granted under this Agreement, asbetween the parties (i) Supplier reserves all rights, title and interest in andto its pre-existing and separately developed Intellectual Property Rights andthe Services, and (ii) Company reserves all rights, title and interest in andto its pre-existing and separately developed Intellectual Property Rights,Company Data, Company marks and Company Confidential Information as well as anysuch items made or acquired by Company. No rights or licenses are granted by a party under this Agreement otherthan as expressly set forth in this Agreement.

2.            ConfidentialInformation. Each party (“Receiving Party”) acknowledges thatit may receive from the other party (“Disclosing Party”) confidentialinformation relating to the Disclosing Party and such confidential informationincludes, but is not limited to, technical, business, marketing, pricing andfinancial information, and any other information that could reasonably beconsidered confidential or proprietary (“Confidential Information”).  The terms of this Agreement and anyQuotation, the Services, and all software, technology or technical informationrelating thereto shall be considered Confidential Information of Supplier. TheCompany Data shall be considered Confidential Information of Company.

3.            Exclusionsto Confidential Information. Confidential Information does not includeinformation that:

a.            is or becomes generally available to thepublic other than through a wrongful act of the Receiving Party;

b.           is or becomes available to the ReceivingParty on a non-confidential basis from a source that is entitled to disclose itto the Receiving Party; or

c.            is independently developed by the ReceivingParty, its employees or third party contractors without access to or use of theDisclosing Party’s Confidential Information.

4.            Treatmentof Confidential Information. During and after the term of this Agreement,the Receiving Party shall: (i) not use (except for performance of thisAgreement) or disclose Confidential Information of the Disclosing Party withoutthe prior written consent of the Disclosing Party; and (ii) take no less thanthe same measures that it takes with its own Confidential Information, and inany case no less than reasonable measures, to maintain the ConfidentialInformation of the Disclosing Party in confidence.  Either party may disclose ConfidentialInformation to the extent required by law, provided that the Receiving Partygives the Disclosing Party reasonable advance notice of such requireddisclosure and cooperates with the Disclosing Party so that the DisclosingParty has the opportunity to obtain appropriate confidential treatment for suchConfidential Information.  

5.            NoTransfer of Confidential Information. All Confidential Informationdisclosed by Disclosing Party shall remain the property of the DisclosingParty.  The Disclosing Party reserves allrights in its Confidential Information. Nothing in this Agreement or the disclosures envisaged by this Agreementshall (except for the limited use right above) operate to transfer, or operateas a grant of any Intellectual Property Rights in the ConfidentialInformation.  

6.            AggregatedData. Company grants Supplier a perpetual, non-exclusive, worldwide,royalty-free and fully paid license to use any data collected or obtained inthe course of performing the services hereunder only in de-identified,aggregated form to: (i) improve the Services, and Supplier’s other products andservices; (ii) provide analytics and benchmarking services; and (iii) generateand disclose statistics regarding use of the Services, provided that Companywill not be identified as the source of any such data.

V.           DATA SECURITY.

1.            Supplier’sCommitments.  During the Term,Supplier shall implement reasonable administrative, technical and physicalsafeguards designed to:

a.            ensure the security and integrity of theCompany Data;

b.           prevent unauthorized access to, ordisclosure of, the Company Data; and

c.            protect against threats, hazards andsecurity incidents with respect to the Company Data.

2.            CompanyResponsibility for Company Data. Company will have the sole responsibilityfor the accuracy, quality, integrity, legality, reliability, andappropriateness of all Company Data. Supplier is not obligated to back up any Company Data.

VI.          WARRANTIES & DISCLAIMERS.

1.            CorporateWarranties.  Each party representsand warrants that it has the authority to enter into this Agreement.

2.            SupplierWarranties.  Supplier warrants thatduring the Term (i) the Services will be provided and operate materially inaccordance with the Documentation; (ii) the Services will be provided in atimely, professional manner in accordance with industry standards; and (iii)the Services will be provided in accordance with applicable Laws.  

3.            CompanyWarranties.  Company warrants that(i) Company has all consents and necessary to provide the Company Datahereunder, and (ii) Company will comply with its obligations under thisAgreement and with applicable laws.

4.            TransferableWarranties. To the extent Supplier is able to pass on warranties ofThird-Party Goods  to Company, Suppliershall do so.

5.            Disclaimer.(a) COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT THE SERVICES, AND ANY THIRDPARTY GOODS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, SUPPLIER MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS,IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIEDWARRANTIES, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES.  (b) SUPPLIER MAKES NO WARRANTIES WITH RESPECTTO THE AVAILABILITY, QUALITY, EFFECTIVENESS, OR ANY OTHER CHARACTERISTICS WITHRESPECT TO THE THIRD PARTY GOODS, AND DOES NOT ASSURE COMPANY THAT THEY WILLMEET COMPANY’S REQUIREMENTS. (c) SUPPLIER CANNOT GUARANTEE CONTINUOUS OR SECUREACCESS TO THE SERVICES, AND THE SERVICES MAY BE INTERFERED WITH BY NUMEROUSFACTORS OUTSIDE OF SUPPLIER’S CONTROL. THE SERVICES MAY BE SUBJECT TO DELAYS,CANCELLATIONS, AND OTHER DISRUPTIONS AND SUPPLIER DOES NOT WARRANT THAT THE SERVICESWILL BE COMPLETELY ERROR FREE OR UNINTERRUPTED. (d) SUPPLIER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACTIONS ORNEGLIGENCE OF A THIRD-PARTY CARRIER AND FOR ANY DAMAGES INCURRED WHILE THETHIRD PARTY GOODS ARE IN TRANSIT WITH A THIRD PARTY CARRIER. (e) SUPPLIERDISCLAIMS ALL LIABILITY IN CONNECTION WITH ANY COMPANY ASSETS.

VII.         INDEMNIFICATION.

1.            Supplier’sIndemnification Obligations. Supplier will defend, indemnify and holdCompany and its Affiliates harmless against any loss, damage or costs(including reasonable attorneys’ fees) in connection with claims, demands,suits, or proceedings (“Claims”) made or brought againstCompany or its Affiliates by a third party (i) alleging that the use of theServices as contemplated hereunder infringes or misappropriates a copyright,patent, trade secret, trademark, or other proprietary right of a third party or(ii) arising from Supplier’s gross negligence or willful misconduct.

2.            Company’sIndemnification Obligations. Company will defend, indemnify and holdSupplier and its Affiliates harmless against any loss, damage or costs(including reasonable attorneys’ fees) in connection with Claims made orbrought against Supplier or its Affiliates (i) by any of Company’s employees,contractors or personnel in connection with their use of any Third-Party Goods,(ii) arising from any Company Assets shipped or stored on Company’s behalf, or(iii) arising from Company’s gross negligence or willful misconduct.

3.            Procedure.The indemnifying party’s obligations as set forth above are expresslyconditioned upon each of the foregoing: (a) the indemnified party will promptlynotify the indemnifying party in writing of any threatened or actual claim orsuit; (b) the indemnifying party will have sole control of the defense orsettlement of any claim or suit; and (c) the indemnified party will cooperatewith the indemnifying party to facilitate the settlement or defense of anyclaim or suit.  

VIII.       LIMITATION OF LIABILITY.

1.            Limitationof Liability.  EXCEPT FOR WILLFULMISCONDUCT OR GROSS NEGLIGENCE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NOEVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THISAGREEMENT, INCLUDING COMPANY’S USE OF ANY THIRD PARTY GOODS OR THIRD PARTYSERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAIDBY COMPANY TO SUPPLIER DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHPERIOD PRECEDING THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCHLIABILITY.

2.            Exclusionof Damages.  EXCEPT FOR WILLFULMISCONDUCT OR GROSS NEGLIGENCE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NOEVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY INDIRECT,SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR FORANY LOST PROFITS, LOSS OF USE, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISINGOUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR CORE SERVICES, INCLUDINGBUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY INTERRUPTION,INACCURACY, ERROR OR OMISSION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEINGSOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.NEITHER PARTY WILL HAVE ANY LIABILITY IN CONNECTION WITH THE ACTIONS OF THIRDPARTIES, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CARRIERS.

IX.          TERM & TERMINATION.

1.            Termof Agreement.  The term of thisAgreement commences on the Effective Date and continues in full force andeffect while Company uses the Services, unless terminated earlier in accordancewith the terms set forth herein (the “Term”).  

2.            Termination.   Either party may terminate this Agreement orany applicable Services or Core Services: (i) upon thirty (30) days priorwritten notice to the other party of a material breach by the other party ifsuch breach remains uncured at the expiration of such notice period; or (ii)immediately in the event the other party becomes the subject of a petition inbankruptcy or any other proceeding relating to insolvency, receivership,liquidation or assignment for the benefit of creditors.  

3.            Effectof Termination.  Upon any terminationor expiration of this Agreement, Company will, as of the date of suchtermination, immediately cease accessing and otherwise utilizing the applicableServices and each party will return or destroy the Confidential Information ofthe other in its possession or control. Upon any termination or expiration, all fees owed for the Services shallbecome immediately due and payable.

4.            SurvivingProvisions.  The following provisionsof this Agreement will survive any termination or expiration of this Agreement:Sections III.2 (Invoicing and Payment), III.3 (Taxes), IV (IntellectualProperty Rights & Confidentiality), VI.5 (Disclaimer), VII(Indemnification), VIII (Limitation of Liability), IX.3 (Effect ofTermination), IX.4 (Surviving Provisions), X (General Provisions), and suchother provisions that are reasonably necessary to give effect to the purpose ofthis Agreement.  

X.           GENERAL PROVISIONS.

1.            Relationshipof the Parties.  The parties areindependent contractors.  This Agreementdoes not create nor is it intended to create a partnership, franchise, jointventure, agency, fiduciary or employment relationship between the parties.  There are no third-party beneficiaries tothis Agreement.

2.            Notices.  All notices under this Agreement will be inwriting and will be deemed to have been given upon:  (i) personal delivery; (ii) receipt ofe-mail; or (iii) the third business day after first class mailing.  Notices to Supplier shall be sent tohello@allwhere.co. Notices to Company will be addressed to Company’s signatoryof this Agreement.  Each party may modifyits recipient of notices by providing notice pursuant to this Agreement.

3.            Waiverand Cumulative Remedies.  No failureor delay by either party in exercising any right under this Agreement willconstitute a waiver of that right or any other right.  Other than as expressly stated herein, theremedies provided herein are in addition to, and not exclusive of, any otherremedies of a party at law or in equity.

4.            ForceMajeure.  Neither party will be liablefor any failure or delay in performance under this Agreement for causes beyondthat party’s reasonable control and occurring without that party’s fault ornegligence, which may include, but is not limited to, acts of God, acts ofgovernment, flood, fire, supply chain issues, civil unrest, acts of terror,strikes or other labor shortage problems.

5.            Assignment.  Neither party may assign any of its rights orobligations hereunder, whether by operation of law or otherwise, without theprior written consent of the other party (which consent will not beunreasonably withheld).  Notwithstandingthe foregoing, either party may assign this Agreement in its entirety withoutconsent of the other party in connection with a merger, acquisition, corporatereorganization, or sale of all or substantially all of its assets provided theassignee has agreed to be bound by all of the terms of this Agreement.  Any attempt by a party to assign its rightsor obligations under this Agreement in breach of this section will be void andof no effect.  Subject to the foregoing,this Agreement will bind and inure to the benefit of the parties, theirrespective successors and permitted assigns.  

6.            GoverningLaw; Waiver of Jury Trial.  ThisAgreement will be governed exclusively by the internal laws of the State of NewYork, without regard to its conflicts of laws rules.  The parties will submit any dispute,controversy or claim arising out of or relating to the validity, formation,enforceability, performance, breach or termination of this Agreement to theexclusive jurisdiction of the U.S. federal or state courts in New York, NewYork, and the parties hereby submit to, and waive any objection to, personaljurisdiction and venue in such courts for such purpose.  

7.            Export.   Each party will comply with the export lawsand regulations of the United States and other applicable jurisdictions inproviding and using the Services.  

Miscellaneous.  ThisAgreement, together with all associated Quotations and any other writtencommunications between Company and Supplier referencing this Agreement,constitute the entire agreement between the parties with respect to the subjectmatter hereof.  In the event of aconflict, the provisions of the main body of this Agreement will takeprecedence over provisions of any Quotation. Supplier may use Company’s name and logo to publicly identify Company asits client, including without limitation on its website or in its marketingmaterials.  This Agreement supersedes allprior and contemporaneous agreements, proposals or representations, written ororal, concerning its subject matter.  Ifany provision of this Agreement is held by a court of competent jurisdiction tobe contrary to law, the provision will be modified by the court and interpretedso as best to accomplish the objectives of the original provision to thefullest extent permitted by law, and the remaining provisions of this Agreementwill remain in effect.

Privacy Policy

This Privacy Policy describes how Allwhere .io ("Allwhere," "we", “us” or "our") handles personal information that we collect through our digital properties that link to this Privacy Policy, including our website and mobile application   (collectively, the “Service”), as well as through social media, our marketing activities, and other activities described in this Privacy Policy.  

Allwhere may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information .

Allwhere provides corporate customers with a full suite of business equipment, HR and IT process integrations, and other services. This Privacy Policy does not apply to information that we process on behalf of our business customers while providing the Allwhere platform and services to them. Our use of this information is restricted by our agreements with those business customers. If you have concerns regarding your personal information that we process on behalf of a business customer, please direct your concerns to that customer.

Personal information we collect

Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

  • Contact data, such as your first and last name, billing and mailing addresses, professional title and company name, business email address and phone number.
  • Demographic Information, such as your city, state, country of residence and postal code.
  • Profile data, such as the username and password that you may set to establish an online account on the Service.
  • Communications that we exchange with you, including when you contact us through the Service, social media, or otherwise.
  • Transactional data, such as information relating to or needed to complete your orders on or through the Service, including order numbers, payment method and transaction history.
  • Payment data needed to complete transactions, including payment card information or bank account number. Please note however that Allwhere processes payments via our payment processing partners, such as Stripe, and Allwhere does not collect or maintain payment card information directly.
  • Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
  • Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

  • Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.
  • Private sources, such as data providers, social media platforms, and data licensors.
  • Marketing partners, such as joint marketing partners and event co-sponsors.
  • Vendor partners, such as our vendors used to source items.
  • Other sources not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Automatic data collection.  We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

  • Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
  • Location data, when you authorize (our mobile application/the Service) to access your device’s location.
  • Communication interaction data such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.

Cookies and similar technologies. Some of the automatic collection described above is facilitated by the following technologies:

  • Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place.
  • Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked.

Data about others. We may offer features that help users invite their colleagues or contacts to use the Service, and we may collect contact details about these invitees so we can deliver their invitations. Please do not refer someone to us or share their contact details with us unless you have their permission to do so.    

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery.  We may use your personal information to:

  • provide, operate and improve the Service and our business;
  • personalizing the service, including remembering the devices from which you have previously logged in and remembering your selections and preferences as you navigate the Service;
  • establish and maintain your user profile on the Service;
  • facilitate your invitations to your employees or colleagues who you want to invite to join the Service;
  • enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in  ;
  • communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;
  • understand your needs and interests, and personalize your experience with the Service and our communications; and
  • provide support for the Service, and respond to your requests, questions and feedback.

Research and development.  We may use your personal information for research and development purposes, including to analyze and improve the Service and our business.

Marketing and advertising.  We, our service providers and our third-party advertising partners, may collect and use your personal information for marketing and advertising purposes:

  • Direct marketing. We may send you direct marketing communications.  You may opt-out of our marketing communications as described in the Opt-out of marketing section below.  
  • Interest-based advertising.  Our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) with the Service, our communications and other online services over time, and use that information to serve online ads that they think will interest you.  This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the Your choices section.

To send you marketing and promotional communications. We may send you marketing communications as permitted by law. You will have the ability to opt out of our marketing and promotional communications as described the Your Choices section below.

Service improvement and analytics. We may use your personal information to analyze your usage of the Service, improve the Service, improve the rest of our business, help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails, and to develop new products and services.

Compliance and protection.  We may use your personal information to:

  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
  • audit our internal processes for compliance with legal and contractual requirements or our internal policies;
  • enforce the terms and conditions that govern the Service; and
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.  

With your consent.  In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.  

Cookies and similar technologies. In addition to the other uses included in this section, we may use the Cookies and similar technologies described above for the following purposes:

  • Technical operation. To allow the technical operation of the Service, such as by remembering your selections and preferences as you navigate the site, and whether you are logged in when you visit password protected areas of the Service.
  • Functionality. To enhance the performance and functionality of our services.
  • Advertising. To help our third-party advertising partners collect information about how you use the Service and other online services over time, which they use to show you ads on other online services they believe will interest you and measure how the ads perform.
  • Analytics. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails. For example, we use Google Analytics for this purpose. You can learn more about Google Analytics and how to prevent the use of Google Analytics relating to your use of our sites here: https://tools.google.com/dlpage/gaoptout?hl=en.

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.  

Service providers.  Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics).

Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as Stripe. Stripe may use your payment data in accordance with its privacy policy, https://stripe.com/privacy.

Advertising partners.  Third-party advertising companies for the interest-based advertising purposes described above.

Business and marketing partners. Third parties with whom we jointly offer products or services or whose products or services may be of interest to you.

Linked third-party services. If you log into the Service with, or otherwise link your Service account to a third-party service  , we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.

Professional advisors.  Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees.  We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in Allwhere, financing of Allwhere, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of Allwhere as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

Your choices

Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account and navigating to the [insert information  ].

Opt-out of communications.  You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us.  Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.  

If you receive text messages from us, you may opt out of receiving further text messages from us by replying STOP to our marketing message.  You may also text STOP to [SHORTCODE].

Blocking images/clear gifs: Most browsers and devices allow you to configure your device to prevent images from loading.  To do this, follow the instructions in your particular browser or device settings.

Mobile location data.  You can disable our access to your device’s precise geolocation in your mobile device settings.

Advertising choices.   You can limit use of your information for interest-based advertising by:

  • Browser settings.  Blocking third-party cookies in your browser settings.
  • Privacy browsers/plug-ins. By using privacy browsers or ad-blocking browser plug-ins that let you block tracking technologies.
  • Platform settings. Google, LinkedIn, Microsoft and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising:
  • Google: https://adssettings.google.com/
  • LinkedIn: https://www.linkedin.com/psettings/guest-controls
  • Microsoft: https://about.ads.microsoft.com
  • Facebook: https://www.facebook.com/about/ads
  • Ad industry tools.  Opting out of interest-based ads from companies participating in the following industry opt-out programs:
  • Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
  • Digital Advertising Alliance: optout.aboutads.info.  
  • AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance.
  • Mobile settings.  Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

You will need to apply these opt-out settings on each device from which you wish to opt-out.  

We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.

Do Not Track.  Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit.  We currently do not respond to “Do Not Track” or similar signals.  To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services.  If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Linked third-party platforms. If you choose to connect to the Service through a third-party platform, you may be able to use the settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.

Delete your content or close your account. You can choose to delete certain content through your account.  If you wish to request to close your account, please contact us.  

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties.  In addition, our content may be integrated into web pages or other online services that are not associated with us.  These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party.  We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect.  However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.  

Children  

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means.  Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

How to contact us

Email: hello@allwhere.co

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