GrowthBadger reserves the right to update these Terms and Conditions at any time without notice, subject to the applicable rules and regulations of the General Data Protection Regulation et seq, as defined below.
NOTICE TO RESIDENTS OF THE EUROPEAN UNION, EUROPEAN ECONOMIC AREA, AND THE UNITED KINGDOM:
Persons who are under the age of thirteen (13) may not use GrowthBadger. Please contact [email protected] in order to exercise your “right to be forgotten” as defined in the General Data Protection Regulation of the European Union or the analogous laws of the United Kingdom, and wherever else the same or similar laws apply, including elsewhere in the European Economic Area. All parties identified as a “Third-Party” herein are third parties for purposes of the GDPR.
All information that you submit to GrowthBadger in any form shall become the property of GrowthBadger except where otherwise stated. Users who provide us with their email address will be added to our mailing list if they so elect. We use email addresses to send promotional information as well as non-promotional information. Your use of this Website constitutes a continuing “opt-in” to such emails, which you may opt out of at any time. User email addresses are stored by us on our 3rd party mailing service provider’s servers. Users can remove themselves from our mailing list by emailing us at [email protected] or by clicking the Unsubscribe button on any of our emails. This same contact information may be used to exercise your “right to be forgotten.”
Certain of your information may be retained in “pseudonymous” form by GrowthBadger or certain of the Third Parties, as defined in greater detail below. “Pseudonymous” information is information which may be used to identify your online behavior without identifying you specifically, or your physical address. Such information includes but is not limited to your IP address, the time during which you visit a GrowthBadger web property, the duration of your visit, and the general area of geographic origin of your visit.
The Company collects certain information from and about you. This notice will explain what this information is, how it is used, what third parties receive it, and how you may instruct the Company not to collect, retain, or use certain of that information, and how to instruct us to delete this information from the Company’s own records. Please see below for: What Personal Information We Collect From You, What Non-Personal Information We Collect About You, a List of Third Parties Who Receive Information You Provide Us With Their Contact Information, and Instructions For Exercising Your Right To Instruct Us To Forget Your Information.
- What Personal Information We Collect from You.
◦ Any information that you enter into any text field on any webpage on the domain growthbadger.com (the “Website”) will be collected by the Company for internal use except where noted otherwise in this notice.
◦ The Company at this time does not require account creation. However, should the Company ever require or support account creation, any information that you enter into the Website at the point of account creation will be used to create a customer profile for you, except for your password. This will include any information that you provide when creating your account, including an email address and other contact information, your name, your username, and address information.
The Company uses a customer relationship management tool called Drip (the “CRM”) for sending emails including marketing sequences. The CRM is a third party for purposes of the GDPR.
- The Company uses “cookies.” Cookies are small files that are you communicated to your web browser so that the Website can remember the behavior, selections and inputs you have made from one webpage to another within the Website. For example, if you select products for an order and then proceed to checkout, the Website will use a cookie to ensure that information from catalog webpages is accurately received by the checkout webpage. If you do not wish to receive cookies from the Website, please discontinue using the Website.
- WPEngine, Inc. is our web host (the “Web Host”). The Web Host may collect certain anonymous or pseudonymous information about you, including your IP address, session history, what browser you use, and when and for how long you visit the Website. The Web Host is a third party for purposes of the GDPR.
- WordPress is our content management system (the “Content Management System”). If you have a WordPress account, WordPress may also track certain of your own account information and use it in a fashion that is subject to WordPress’s own terms of service. The Content Management System is a third party of purposes of the GDPR.
- What Non-Personal Information We Collect About You
◦ The Company collects certain non-personal information about you. By “non-personal information,” we mean information about you that cannot be used, and is not stored, in a way that can identify you.
◦ The Website will collect information about your location based on your IP address. An IP address is a non-static identifier that allows the Company to know, in general terms, where its users are located. An IP address is not the same as a physical address, and is not the same as either a shipping address or a billing address. When we collect IP addresses, we do not undertake any efforts to correlate them to a physical address.
The Company uses your IP address for internal purposes such as knowing which countries provide certain percentages of its users. The Company does not distribute your IP address to any other person. The Company does not verify your IP address or connect it to a shipping address or a billing address. Your IP address is not and cannot be used by the Company to identify you personally. The Web Host will also know your IP address for purposes of logging visits to the Website from your IP address and for preventing distributed denial-of-service or other cyber attacks.
◦ The Company collects information such as the number of users visiting the website at any given time, the times during which visitors visit the Website, the length of time that users use the website, which pages they visit, which products they order, and what other actions they take while on the website. This information is collected by the Website and is provided in an anonymized form to the Company’s data analytics provider, which is Google Analytics. Certain These companies may provide targeted advertising based on your behavior, your search and browser history, your session history, and any account information that you provide to the Company at any time (such companies altogether, the “Data Analytics Providers”). This information is used by the Company to track the engagement, general geographic origin, and headcount of its users. This information is combined together to provide general demographic information on the Website’s users. This information is not and cannot be used to identify you specifically.
The Data Analytics Providers are third parties for purposes of the GDPR.
- List of Third Parties Who Receive Information You Provide Us, With Their Contact Information
◦ The Contact Information for the CRM is:
Drip (Avenue 81, Inc.)
◦ The Contact Information for the Web Host is:
◦ The Contact Information for the Content Management System is:
◦ The Contact Information for the Data Analytics Providers is:
Google (Alphabet Inc.)
You may contact us at [email protected] in order to exercise any of your rights under the GDPR. This includes:
- The right to know what information we have about you;
- The right to compel us to disclose some or all of that information to you;
- The right to compel us to “forget” (erase) some or all of that information;
- The right to instruct us to cease collection of such information.
Instructions For Exercising Your Right To Instruct Us To Forget Your Information
◦ The GDPR provides a generalized “right to be forgotten,” meaning that you have the right to instruct us to delete any and all information that the Company, the Website, or any of the third parties collects about you. Please contact us by email at [email protected] or in writing at:
Excite Holdings, LLC
ATTN: GrowthBadger GDPR
818 SW 3rd Ave #221 – 3028
Portland OR 97204 USA
in order to instruct us to forget any or all of the information that the Company, the Website, or any of the third parties collects about you.
Account Data; Call Data; Phone Numbers
The Company does not view or store information other than what you submit to the Company either directly (for example, by emailing us) or by accessing the Website.
Disclaimer of Warranties
THESE TERMS AND CONDITIONS CONTAIN AN EXPRESS WARRANTY DISCLAIMER. USING OUR WEBSITE OR ANY OF OUR PRODUCTS OR SERVICES SHALL BE SOLELY AT THE RISK OF THE END USER. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, ANY APPLICABLE WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. YOU EXPRESSLY INDEMNIFY AND HOLD HARMLESS THE COMPANY FOR ANY DAMAGES ARISING FROM ITS USE, DOWNLOADING, INSTALLATION, UNINSTALLATION, OR ANY OTHER USE, INCLUDING TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ANY APPLICABLE LOCAL LAW ACTUAL DAMAGES, MULTIPLICATIVE DAMAGES, SPECIAL OR CONSEQUENTIAL DAMAGES. THERE ARE NO LIQUIDATED DAMAGES UNDER THESE TERMS AND CONDITIONS. NO ADVICE GIVEN TO YOU BY THE COMPANY MAY BE CONSTRUED AS TAX ADVICE OR LEGAL ADVICE. SUCH ADVICE IS GENERALIZED (NOT SPECIFIC TO YOUR NEEDS OR CIRCUMSTANCES) AND SUBJECT TO CHANGE WITHOUT NOTICE. YOU MAY NOT RELY TO YOUR DETRIMENT ON ANY REPRESENTATIONS MADE BY THE COMPANY AT ANY TIME, THROUGH THE WEBSITE OR OTHERWISE.
The transmission of any information to the Company that is unlawful to transmit, either as to its content, the method by which it is transmitted, or the age of the recipient or any other reason, shall constitute a material breach of these Terms and Conditions and may subject you to, among other penalties, immediate discontinuation of service without notice.
Other Terms and Conditions
LINKED WEBSITE CONTENT
From time to time the Company may provide links to other websites and resources to access third-party material or by bringing third-party material into the Website via “inverse” hyperlinks and framing technology (a “Linked Website”). The Company has no discretion to alter, update, or control the content on a Linked Website. The fact that the Company has provided a link to Linked Website is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Website, its owners, or its contributors. There are inherent risks in relying upon, using or retrieving any information found on the Internet, and the Company urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Website.
Our Website and products are not intended for use by children. In accordance with federal law, we do not solicit or knowingly collect information from children under age 13 without the verifiable permission of a parent or guardian. If the Company learns that a child under the age of 13 has submitted information online without parental consent, it will not use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law) and will take all reasonable measures to delete such information from its databases by identifying such information for a purge process. If you become aware of any information we have collected from children under 13, please contact us as provided below.
RIGHT TO REMOVAL OF POSTED INFORMATION – CALIFORNIA MINORS
If you are under 18 years of age, reside in California, and submitted your email address to the Company for purposes of our newsletter or for any other reason, you have the right to request removal of unwanted information. To request removal of such information, you can contact the Company as provided above. Upon receiving such a request, the Company will make sure that the information is not publicly available on our website or anywhere else, but the information may not be completely or comprehensively removed from our systems and databases.
YOUR CALIFORNIA PRIVACY RIGHTS
GOVERNING LAW AND DISPUTE RESOLUTION
Any disputes arising between you and the Company shall be resolved first through our ordinary customer support channels. All disputes escalating beyond normal customer service matters shall be resolved by a properly-credentialed arbitrator of reasonable industry-relevant competence accredited by the American Arbitration Association. Venue for such disputes shall reside exclusively with the American Arbitration Association’s properly-credentialed arbitrator at the nearest geographical location to Portland, Oregon.
CONSTRUCTION OF SEVERED CLAUSES
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