Privacy Policy and Terms of Use 2018-05-26T12:29:35+00:00
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Privacy Policy & Terms of Service

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Vandermedia Design and Marketing
Terms of Service and Privacy Policy

Privacy Policy

Last Updated: May 25, 2018

Vandermedia Design, Inc. (collectively referred to herein as “Vandermedia,” “we,” “us,” or “our”), is committed to keeping any and all personal information collected of those individuals that visit our website and make use of our online facilities and services accurate, confidential, secure and private.  This Privacy Policy Agreement (“Policy”) describes how Vandermedia collects, uses, and shares personal information of consumer users of our website located at https://vandermedia.com (the “Site”) and online services (“Services”). This Policy also applies to any of our other websites that post this Policy. We encourage your to read this Policy.

Note to Residents of the European Union: In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for our European consumers and users, this Privacy Policy outlines the legal basis on which we process your personal data/information and provides other information required by the GDPR.

IMPORTANT INFORMATION

Who We Are. For the purposes of applicable data protection laws, Vandermedia, Inc. is the controller of the personal data/information you provide to us (“Data Controller”). As a Data Controller, we process the personal information we maintain about you in accordance with this Policy.

Must-Read Sections. We draw your attention in particular to the sections entitled “Legal Basis for Processing,” “International Data Transfer,” and “Information Choices and Changes.”

Changes to This Policy. We reserve the right to update and/or change the terms of this Policy, and as such we will post those change to our Site homepage at https://vandermedia.com, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time Vandermedia decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated and consented to when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

WHAT WE COLLECT

There’s a range of information we need to collect about you so that we can operate Vandermedia. This information may include:

  • Voluntary Information. We may collect your name, address, business information, birth date, email address, billing and/or credit card information, as well as other information you directly give us on Vandermedia, which may be used when you purchase products and/or services and to deliver the Services you have requested. This site shall only collect personal information that you knowingly and willingly provide consent for by way of completed membership forms, surveys, purchases, and emails.
  • Information Automatically Collected. We automatically log information about you and your device. For example, when visiting our Site, automatically collected information may include third party tracking technologies and server logs. We may also gather information about your computer hardware and/or software. Such collected information may include, but may not be limited to your IP address, browser type, domain name, access time and various website addresses.
  • Cookies. We may log information using “cookies.” Cookies are small data files stored on your device by a website. We may use both session cookies (used to store data for the session) and persistent cookies (which stay on your device until you delete them) to provide you with a more personal and interactive experience on Vandermedia. See below for the specific types of cookies we use and their respective purposes.

WHAT WE DO WITH THIS INFORMATION

We use the information we collect in the following ways:

  • To assist in the operation of our Site and to ensure delivery of the Services you need and request.
  • To maintain and improve our Services.
  • To send you promotional communications. These may include emails to inform you of other possible products and/or services that may be available to you on the Site, surveys and/or research questionnaires related to your opinion of current or possible new services that are offered or may be offered, social notifications, or other newsletters depending on your settings. You may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out.”
  • To send you administrative communications. These may include administrative emails, confirmations, technical notices, updates, and security alerts.
  • To respond to your comments and questions and provide you with user support.
  • To process payments you make via Vandermedia.
  • To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

HOW WE SHARE THIS INFORMATION

We may share your personal information as follows:

  • Third Parties Designated by You. We may share your personal information with third parties where you have provided your consent to do so.
  • Our Third-Party Service Providers. We may share your personal information with our third-party service providers (i.e. third party processors) who provide services such as data analysis, payment processing, information technology and related infrastructure, email delivery, coworking software, and other similar services. We require that our third-party service providers use your personal information only to provide the services we’ve requested. These third party service providers may be located outside the European Union. Vandermedia does not now, nor will it in the future, sell, rent, or lease any of its customer lists and/or names to any third parties.
  • Corporate Restructuring. We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
  • Other Disclosures. We may share personal information as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.

LEGAL BASIS FOR PROCESSING

This section addresses the legal basis for processing your information if you reside outside the United States (within the United States, you typically provide consent when you receive notice of this Policy in a website link). Some processing is addressed in multiple sections because more than one legal basis may apply depending on the circumstances or service.

We collect and process your personal information for a variety of purposes outlined in this Policy. In certain cases, separate consent is not required, including:

  • For Performance of a Contract. To perform our contractual obligations to you, including but not limited to fulfilling membership orders or purchases you have made (including processing of payment), contacting you in relation to any issues with your purchase and provision of the Services, where we need to provide your personal information to our service providers, where we need to collect personal information from third party sources and when you access third party products and services, where we collect data from third parties, or to aggregate and centralize data for the performance of the Services.
  • To Meet Legal Obligations. To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.
  • For Legitimate Interests. To operate our business and provide the Services, other than in performing our contractual obligations to you for Vandermedia’s “legitimate interests” for the purposes of applicable law – except where overridden by the interests or fundamental rights and freedoms that require protection of personal data.
  • Consent As a Basis For Processing. In some cases, we will ask for your consent to process your personal information. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your personal information through our Services or a form; or (ii) registering or creating an account with us.

ANONYMOUS DATA

When we use the term “anonymous data,” we’re referring to data and information that doesn’t permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.

We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information and information collected by us using cookies. We make personal data into anonymous data by excluding information, such as your name, that makes the data personally identifiable to you. We use this anonymous data to analyze usage patterns in order to make improvements to Vandermedia.

COOKIES

We use several types of cookies on Vandermedia:

  • Essential/Required Cookies. These cookies are essential to provide you with services available through our Site. These enable the navigation and basic functionality of the Site.
  • Analytics and Performance Cookies. These cookies are used to collect information about traffic to Vandermedia and how users use the Site. The information is aggregated and anonymous and does not identify any individual visitor. It includes the number of visitors to our site, the pages they visited, and other similar information. We use this information to help operate, maintain, and improve Vandermedia.
  • Social Media Cookies. These cookies are used when you share information using a social media sharing button on the site or engage with our content on or through a social network such as Facebook or Twitter. The social network will record that you have done this.

You can typically remove and reject cookies from Vandermedia with your browser settings. For step-by-step instructions, please check your browser’s help section. Here are links for popular browsers: Chrome, Firefox, and Internet Explorer. If you remove or reject our cookies, it could affect how Vandermedia works for you.

GOOGLE ANALYTICS

We use Google Analytics, a service which collects information anonymously and reports website trends without identifying individual visitors. Google Analytics uses its own cookie to track visitor interactions. To learn more about the information collected by Google Analytics, please visit https://www.google.com/policies/privacy/.

INFORMATION CHOICES AND CHANGES

Opt-out. You can contact us any time to opt-out of (a) email communications, newsletters, or promotional communications, (b) any new processing of your personal information that we may carry out beyond the original purpose, or (c) the transfer of your personal information outside the European Economic Are (EEA). Please note that your use of some of the Site or Services may be ineffective upon opt-out. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

Access. You can access the information we hold about you at any time by contacting us directly.

Amend. You can also contact us to update or correct any inaccuracies in your personal information.

Move. Your personal information is portable — i.e. you have the flexibility to move your data to other service providers as you wish.

Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.

If you wish to exercise any of these rights, please contact us at info@vandermedia.com. In your request, please make clear (a) what personal information is concerned, and (b) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting the change or deletion unless a longer retention period is required or permitted by law (for example, for regulatory purposes).

When you receive promotional emails from us, you can also unsubscribe or opt-out by clicking the link at the bottom of any of the emails. You can’t opt-out of receiving administrative communications.

INTERNATIONAL DATA TRANSFER

Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using Vandermedia, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.

We will only process your personal information in accordance with applicable data protection and privacy laws. We need certain personal information in order to provide you with access to Vandermedia. If you do not agree to our use of your personal information in line with this Policy, please do not use Vandermedia.

SENSITIVE PERSONAL DATA

Subject to the next paragraph, we ask that you not send us, and you do not disclose, any sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through Vandermedia or otherwise to us.

MINORS AND CHILDREN’S PRIVACY

Vandermedia is not directed at children under 18. If a parent or guardian becomes aware that their child has provided us with information without their consent, they should contact us at info@vandermedia.com, and we will delete such information as soon as reasonably practicable.

USER TESTIMONIALS AND FEEDBACK

We often receive testimonials and comments from users who have had positive experiences with our Services, and we occasionally publish them. We obtain the user’s consent prior to posting any feedback on a public area of the Site.

LINKS TO OTHER WEBSITES

Please note that this Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. Our Services may provide a link or otherwise provide access to Third Party Sites. We provide these links merely for your convenience. We have no control over, do not review, and are not responsible for Third Party Sites, their content, or any goods or services available through the Third Party Sites. Our Policy does not apply to Third Party Sites, and any data you provide to Third Party Sites, you provide at your own risk. We encourage you to review the privacy policies of any Third Party Sites with that you interact with.

SECURITY

Vandermedia shall endeavor to take every precaution to maintain adequate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control. Please be advised, however, that we cannot fully eliminate security risks associated with storage and transmission of personal data.

STRIPE

Payment processing services for Vandermedia Design & Marketing on this website are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a purchaser on vandermedia.com, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Vandermedia website enabling payment processing services through Stripe, you agree to provide Vandermedia accurate and complete information about you and your business, and you authorize the site to share it and transaction information related to your use of the payment processing services provided by Stripe.

ACCEPTANCE OF TERMS

Through the use of the Site, you are hereby accepting the terms and conditions stipulated within the aforementioned Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our Site and Services. In addition, your continued use of our Site following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.

CONTACT INFORMATION

Thanks for using Vandermedia, and for reviewing our Privacy Policy. We welcome your comments or questions about this Privacy Policy. If you have any feedback, we encourage you to contact us at info@vandermedia.com, and include in the subject as “Attn: Legal – Privacy Policy”. Please be sure to include in your email your full name, email address, postal address, and any message.

Terms

1. Terms

By accessing the web site at https://vandermedia.com/, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Vandermedia Design and Marketing’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Vandermedia Design and Marketing’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Vandermedia Design and Marketing at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Vandermedia Design and Marketing’s web site are provided “as is”. Vandermedia Design and Marketing makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Vandermedia Design and Marketing does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Vandermedia Design and Marketing or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Vandermedia Design and Marketing’s Internet site, even if Vandermedia Design and Marketing or a Vandermedia Design and Marketing authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Vandermedia Design and Marketing’s web site could include technical, typographical, or photographic errors. Vandermedia Design and Marketing does not warrant that any of the materials on its web site are accurate, complete, or current. Vandermedia Design and Marketing may make changes to the materials contained on its web site at any time without notice. Vandermedia Design and Marketing does not, however, make any commitment to update the materials.

6. Links

Vandermedia Design and Marketing has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Vandermedia Design and Marketing of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Vandermedia Design and Marketing may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Vandermedia Design and Marketing’s web site shall be governed by the laws of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

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