Personal Information.
We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Services, you may be required to provide certain personal or personalized information to us (such information referred to hereinafter as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in this Privacy Policy. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.
Definition of Personal Information.
Personal information means information that identifies, relates to, describes, is capable
of being associated with, or could reasonably be linked, directly or indirectly, with a
particular consumer or household. Personal information includes, but is not limited to,
the following if it identifies, relates to, describes, is capable of being associated
with, or could be reasonably linked, directly or indirectly, with a particular consumer
or household:
Identifiers such as a real name, alias, postal address, unique personal identifier,
online identifier, Internet Protocol address, email address, account name social
security number, driver’s license number, passport number, or other similar identifiers;
Commercial information, including records of personal property, products or services
purchased, obtained, or considered, or other purchasing or consuming histories or
tendencies;
Biometric Information;
Internet or other electronic network activity information, including, but not
limited to, browsing history, search history, and information regarding a consumer’s
interaction with an Internet Web stie, application, or advertisement;
Geolocation data;
Audio, electronic, visual, thermal, olfactory, or similar information;
Professional or employment related information;
Education information, defined as information that is not publicly available
personally identifiable information; and
Inferences drawn from any of the information to create a profile about a consumer
reflecting the consumer’s preferences, characteristics, psychological trends,
predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal Information Does Not Include.
Personal information does not include publicly available information. Publicly available means information that is lawfully made available from federal, state, or local government records, if any conditions associated with such information. “Publicly available” does not mean biometric information collected by a business about a customer without the customer’s knowledge. Information is not “publicly available” if that data is used for a purpose that is not compatible with the purpose for which data is maintained and made available in the government records or for which it is publicly maintained. “Publicly available” does not include consumer information that is deidentified or aggregate consumer information.
Information We Collect About You.
We collect the information that you voluntarily provide to us. For example,
In order to access and/or use the Services (e.g., account registration, design
templates, communication/networking features, purchases, reservations, promotions,
etc.), we may require that you provide and/or otherwise make available to us certain
information, which may include, among other things, your legal name, email address,
physical address, telephone number, date of birth and gender.
When you purchase products or services on our Site, we and/or our third-party
payment processor will collect all information necessary to complete the transaction,
including your name, billing information and shipping information.
If you provide us feedback or contact us via email, we will collect your name and
email address, as well as any other content included in the email, in order to send you
a reply. When you post messages on our Site, the information contained in your posting
will be stored on our servers and other users will be able to see it.
When you participate in one of our surveys, we will collect the information you
choose to submit to us.
We also collect other types of Personal Information that you provide to us
voluntarily, such as your operating system and version, and other requested information
if you contact us via email regarding support for the Services.
If you participate in a sweepstakes, contest, or giveaway on our Site, we may ask
you for your email address, name, and phone number. These sweepstakes and contests are
voluntary. We recommend that you read the rules for each sweepstakes and contest that
you enter.
We allow you to sign up and log in to the Services using accounts you create with
third-party products and services, such as Facebook, Google, and LinkedIn (collectively,
“Third-Party Accounts”). If you access the Services with Third-Party Accounts, we will
collect information that you have agreed to make available such as your name, email
address, profile information and preferences with the applicable Third-Party Account.
This information is collected by the Third-Party Account provider and is provided to us
under their privacy policies. You can generally control the information that we receive
from these sources using the privacy settings in your Third-Party Account.
We may also collect Personal Information at other points in the Services that state
that Personal Information is being collected.
Information We Collect Automatically.
When you access and/or use the Services, we automatically collect certain information through cookies, web beacons and other technologies and store it in our log files. This information includes anonymous identifiers, operating system and version, your Internet protocol (IP) address, pages you view on our Site, search terms you entered to arrive at our Site and other information regarding your access to and/or use of the Services. We may combine this information with other information that we have collected about you, including, where applicable, your username, name, and other Personal Information.
Location Information.
The Services may allow access to, or make available opportunities for you to view, and/or receive, certain content, products, services, information, and other materials based, in whole or in part, upon your location (“Location Based Content”). In order to make Location Based Content available to you, the Services will determine your location using one or more points of data, reference and/or information associated with, among other things, the device you use to access and use the Services (a “Device”), including, without limitation, GPS, beacons, device software/features/services and other points of data, reference, and information. If you have set your device to disable GPS, Bluetooth, Wi-Fi, or other location determining or assisting software, features or services, or do not authorize the Services to access your location data, the Services may not be able to determine your location and you may not be able to access, view and/or receive Location Based Content.
Address Book.
We may periodically access and store your contact list and/or address book (and the information contained therein) on your Device to, among other things, find and keep track of mobile phone numbers of other users of the Services, and to allow you and us to send notifications (including, without limitation, invitations, and requests) to your contacts, as well as other users of the Services, via SMS text, email, and other methods. Prior to accessing your contact list or address book, we will ask for your consent to do so. If you do not consent to our access of such information, you may not be able to use certain functionality within the Service.
Information we obtain from third party sources.
From time to time, we receive Personal Information about you from third party sources but only where we have received assurances from these third parties that they have either received your consent or are otherwise legally permitted or required to disclose your Personal Information to us. The types of information we may collect from third parties include your name and email address, phone number, gender, and physical address. We use the information we receive from these third parties in order to provide Services to those third parties (for example, payment and order processing services).
How We Use Your Information.
To provide the Services to you, to communicate with you about your use of the Services,
to respond to your inquiries, to fulfill your orders, and for other customer service
purposes.
To tailor the content and information that we may send or display to you, to offer
location customization, or to otherwise personalize your experiences while using the
Services.
For marketing and promotional purposes. For example, we may send you emails about
products or information we think may interest you. We may also use the information that
we learn about you to help determine when and how to advertise our services on
third-party websites, advertising networks and services, or to customize advertising to
you or to customize your experience on our Site and the Services.
To verify your eligibility to win a prize in a sweepstakes, contest, or giveaway you
have entered and to deliver that prize to you.
For the prevention and detection of fraud or infringement of our or any third
party’s rights.
To better understand how users access and use our Service, both on an aggregated and
individualized basis, in order to improve our Service, respond to user preferences, and
for other research and analytical purposes.
To diagnose service or technical problems.
To ensure and maintain the security of the Services.
To comply with legal obligations or legal process.
For any other purposes described in this Privacy Policy or disclosed at the time you
provide us with the Personal Information.
Service Providers.
In certain situations, we employ other companies and people to perform tasks on our behalf and share your information with them to provide that service. Except as stated in this Privacy Policy or unless we inform you otherwise, our service providers do not have any right to use the Personal Information we share with them beyond what we deem necessary to assist us in performing such tasks.
California Consumer Privacy Act.
MEGADOLLS may ask you to disclose personal information or may collect personal information about you pursuant to this Section 9. If you are a California Resident, you may ask MEGADOLLS to disclose what personal information we have about you and what we do with that information, you may request to delete your personal information and opt-out of the sale of your information. Generally, MEGADOLLS may not discriminate against you for exercising your rights under this Section 9.4.
Right to Know.
Registered users of Service who are California residents may request MEGADOLLS to
disclose the information that we have collected, used, shared, or sold about you, and
why we collected, used, shared, or sold that information. All requests must be labeled
“California Request to Know” on the email subject line. Specifically, you may request
that MEGADOLLS disclose:
Categories of personal information collected;
Specific pieces of personal information collected;
Categories of sources from which the business collected personal information;
Purposes for which the business use the personal information;
Categories of third parties with whom the business shares the personal information;
and,
Categories of information that the business sells of discloses to third parties.
Right to Delete.
Registered users of Services who are California residents may request that MEGADOLLS
delete personal information that we have collected from you. All requests must be
labeled “California Request to Delete” on the email subject line. MEGADOLLS will not be
required to delete your information if it is necessary for MEGADOLLS to maintain your
personal information in order to:
Complete the transaction for which the personal information was collected, provide a
good or service requested by the consumer, or reasonably anticipated within the context
of a business’s ongoing business relationship with the consumer, or otherwise perform a
contract between the business and the consumer.
Detect security incidents, protect against malicious, deceptive, fraudulent, or
illegal activity; or prosecute those responsible for that activity.
Debug to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise his or her
right of free speech, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act pursuant to Chapter
3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
Engage in public or peer-reviewed scientific, historical, or statistical research in
the public interest that adheres to all other applicable ethics and privacy laws, when
the businesses’ deletion of the information is likely to render impossible or seriously
impair the achievement of such research, if the consumer has provided informed consent.
To enable solely internal uses that are reasonably aligned with the expectations of
the consumer based on the consumer’s relationship with the business.
Comply with a legal obligation.
Otherwise use the consumer’s personal information, internally, in a lawful manner
that is compatible with the context in which the consumer provided the information.
Right to Opt-Out.
Registered users of Services who are California residents may request that MEGADOLLS stop selling your personal information. All requests must be labeled “California Request to Opt-Out” on the email subject line. The sale of information means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. Generally, MEGADOLLS DOES NOT engage in the sale of personal information. For purposes of this section, MEGADOLLS does not sell personal information.
Right to Non-Discrimination.
MEGADOLLS cannot deny goods or services, charge you a different price, or provide a different level or quality of goods or services just because you exercise your rights under this Section 9. However, if you refuse to provide your personal information to MEGADOLLS or request MEGADOLLS to delete or stop selling your personal information, and that personal information or sale is necessary for MEGADOLLS to provide you with goods or services, then MEGADOLLS may not be able to complete your transaction or provide Services.
Requests.
All requests under this section must be emailed to account@megadolls.com. All requests must provide a description of the content or information in you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly and may not be able to respond if you do not provide complete information. Please note that any requests for removal do not ensure complete or comprehensive removal of the Content or information from the Services. For example, content that you have posted may be republished or reposted by another User or third party.
Children’s Online Privacy Protection Act.
The rules of the Children’s Online Privacy Protection Act are directed towards children under the age of 13 years old. MEGADOLLS may collect personal information about its users who are children under the age of 13. We understand and respect the private information of our young users. Therefore, we maintain the confidentiality, security, and integrity of information we collect from children, including taking reasonable steps to release such information to parties capable of maintain its confidentiality and security. If you are the parent or legal guardian of a child under the age of 13 who is intending to use our services then by agreeing to the terms of this Agreement, you expressly consent to the use of your child’s personal information by MEGADOLLS for the purpose necessary to provide services under this Agreement. For more information regarding the MEGADOLLS data security program and safeguards to protect your child’s information, please read Section 9.6.1.
Request Under Children’s Online Privacy Protection Act.
If you wish to prevent further use or online collection of a child’s personal information or delete your child’s personal information or account, please email INSERT EMAIL. All requests must be clearly labeled “Request Under Children’s Online Privacy Protection Act”. All requests must provide a description of the content or information in your User Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly and may not be able to respond if you do not provide complete information.
Stop Hacks and Improve Electronic Security Act.
In compliance with the State of New York’s Stop Hacks and Improve Electronic Security Act, MEGADOLLS has developed, implemented, and maintains reasonable safeguards to protect the security, confidentiality, and integrity of the private information of its users.
Data Security Program.
MEGADOLLS has implemented a data security program to maintain reasonable safeguards to
ensure the protection of its user’s private information. Reasonable safeguards that
MEGADOLLS takes to ensure the protection of personal information includes, but is not
limited to:
Designating an employee or employees to coordinate the data security program;
Training and managing employees in the security program practices and procedures;
Assessing internal and external risks and implementing controls to reduce those
risks;
Vetting service providers and binding them contractually to safeguard private
information; and,
Securely destroying private information within a reasonable amount of time after it
is no longer needed for business purposes.
Modifications
We may modify this Agreement at any time, for any reason, in our sole discretion. If we modify this Agreement, we will provide you with notice on the Site and within the App. We may also send you notice to the email address you provided us when you registered for an account. You are solely responsible for providing us with a current and accurate email address. In certain circumstances, we may require you to provide additional consent before any further use of the Site, App or Services is permitted. We recommend that you check back frequently and review this Agreement regularly, so you are aware of the most current rights and obligations that apply to you.
Third-party platforms
Third Party Platforms.
Some of the Services may be dependent on and/or interoperate with third¬ party owned and/or operated platforms and services (e.g., Facebook, Twitter, Google Play, PayPal, LinkedIn, Apple, etc.) (each, a “Third-Party Platform”) and may require that you be a registered member of such Third-Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third-Party Platforms, in addition to providing application hosting, content distribution, support and other related services, may provide us with certain additional information about you. No Third-Party Platform through which you purchase the Services shall furnish any maintenance or support with respect to the Services, nor shall they address any third-party claims related to your use of the Services.
Third Party Payment Processors.
We use INSERT PAYMENT PROCESSOR NAME to process payments. Stripe, Inc. may receive personal information from you. You are bound by the INSERT PAYMENT PROCESSOR TERMS OF SERVICE AGREEMENT NAME, which can be found here: INSERT LINK TO PAYMENT PROCESSOR’S TERMS OF SERVICE.
Third Party Products and Services.
We are not responsible and have no liability whatsoever for goods or services you obtain through third party service providers or other web sites, web pages, applications and platforms (even if accessed or purchased within, through or in connection with the services), and any such purchases are subject to their respective terms and conditions of use. You acknowledge and agree that product/service specifications and other information have either been provided by the applicable third-party vendors or collected from publicly available sources and we do not make any representations or warranties as to the accuracy or reliability of any such information. Accordingly, we encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties as same is conducted at your sole risk. Further, we do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third-party, and you irrevocably waive any claim against us or our affiliates with respect to any such transaction. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third-party service provider, even if the goods or services are accessed within, through or in connection with the services. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party operational service provider as those are owned and operated by independent entities. In some cases, you may be required to direct customer service issues related to goods or services to the relevant third-party operational service provider.
App Stores.
You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that this Agreement is between you and MEGADOLLS and not with the App Store. MEGADOLLS, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.
Disclaimer
Generally.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Services, including, without limitation, User Postings and Content associated with your use of the Services.
No Warranty of Timeliness or Availability.
You further understand and acknowledge the capacity of the Services, in the aggregate and for each user, is limited. Consequently, some messages and transmissions, including, without limitation, User Postings, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that MEGADOLLS assumes no liability, responsibility, or obligation to transmit, process, store, receive or deliver transactions or User Postings or for any failure or delay associated with any User Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions or User Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
Disputes
Disputs.
If you have a complaint or dispute about a certain charge, or about a certain feature or product made available on or in connection with the subscription and Fee-Based Services, you must promptly notify MEGADOLLS customer service of such complaint or dispute by sending a detailed email to account@megadolls.com.
Arbitration.
You agree that any and all disputes or claims relating in any way to your access or use of the Site, to any products sold or distributed through the Site, the Application, Services, or to any aspect of your relationship with MEGADOLLS, will be resolved by binding arbitration, rather than in court, except that (1) MEGADOLLS may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Arbitration Rules and Forum.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to MEGADOLLS, 108-16 64th Avenue Forest Hills, NY 11375. The substantive portions of this agreement shall be governed according to section 17.3 of this Agreement.
Appointment of Arbitrator.
The Parties to this Agreement may agree on one arbitrator, but in the event that they cannot so agree, there shall be three arbitrators, one named in writing by each of the Parties within thirty (30) days after demand for arbitration is made, and a third to be chosen by the two so named. The arbitrators among themselves shall appoint a presiding arbitrator. Should either Party fail to timely join in the appointment of the arbitrators, the arbitrators shall be appointed in accordance with the provisions of 9 U.S.C. § 5.
Authority of Arbitrator.
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and MEGADOLLS. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Governing Law.
This Agreement and your use of the Services shall be governed by, construed, and enforced in accordance with the laws of the State of New York. By agreeing to the terms of this agreement, should MEGADOLLS seek equitable relief in Federal Court, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in New York, NY; thus, you agree to waive any objections to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise. Furthermore, in any action or proceeding commenced to enforce any right or obligation of the parties under this agreement, your use of the services, or with respect to the subject matter hereof, you hereby waive any right you may now have or hereafter possess to a trial by jury.
Limitation of Liability.
You understand and agree that, to the fullest extent permissible by law, MEGADOLLS, its affiliates, successors and assigns, officers, directors, employees, agents, representatives, licensors, operators, service providers, advertisers and suppliers, shall not be liable for any consequential, incidental, indirect, special or punitive damages. In no event shall MEGADOLLS’ liability to you in connection with this agreement exceed the greater of: (a) the amounts paid by you during the three (3) month period immediately preceding the event(s) giving rise to liability hereunder; or (b) $1,000 USD.
Miscellaneous
Notice
Where MEGADOLLS requires that you provide an email address, you are responsible for providing MEGADOLLS with your most current email address. In the event that the last email address you provided to MEGADOLLS is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to MEGADOLLS at the following address: 108-16 64th Avenue Forest Hills, NY 11375. Such notice shall be deemed given when received by MEGADOLLS by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Enforcement
MEGADOLLS may investigate and take legal action against anyone who, in MEGADOLLS’ sole discretion, violates, or is suspected of violating, this Agreement, including, without limitation, reporting to law enforcement authorities. You acknowledge, consent, and agree that MEGADOLLS may access, preserve, and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to your requests for customer or technical service; or (v) protect the rights, property or personal safety of MEGADOLLS, its users or any third parties. MEGADOLLS also reserves the right to remove the Services from Third-Party Platforms, which would limit your ability to re-download the Services.
Indemnification.
You agree to defend, indemnify, and hold MEGADOLLS and its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and service providers (the “MEGADOLLS Parties”) harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively,“Claims”), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation of this Agreement, or (c) your User Postings. MEGADOLLS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MEGADOLLS’ defense of such Claim. This provision does not require you to indemnify the MEGADOLLS Parties for any unconscionable commercial practice by MEGADOLLS or for MEGADOLLS’ fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site, App, or any Services provided hereunder.
Final Agreement. Survival; Waiver.
This Agreement and any applicable Additional Terms contain the entire understanding and agreement between you and MEGADOLLS concerning the Services and supersede any and all prior or inconsistent understandings relating to the Services and your use thereof.
Severability.
If any part or parts of this Agreement are found under the laws of the State of New York to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this Agreement shall continue in full force and effect.
Survival of Agreement; Waiver.
Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date of which the first cause of action arose). The failure of MEGADOLLS to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
Assignment.
This Agreement, and any rights, licenses, and privileges granted herein, may not be transferred, or assigned by you, but may be assigned or transferred by MEGADOLLS without restriction, notice, or other obligation to you.
Headings.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument.
