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PRIVACY POLICY

Last Updated: [June 2024]

This privacy policy (the “Policy”) is intended to describe how Pl8tek, LLC (“Pl8tek” we” or “us” or “Company”) handles personal data we collect online through our website at [www.pl8tek.com] (hereinafter referred to as the “Website”) and offline through customer support channels, and other promotional activities. We call all of these the “Services”. This Privacy Policy explains the types of personal data we collect and process, how we may use and share the data, and the choices that are available to you with respect to our handling of your personal data.

Please read this Policy carefully, because by using the Services, you are acknowledging that you understand and agree to the terms of this Policy and consent to the types of information and the manner in which we may collect, use and disclose such information. If you do not agree to the terms of this Policy, please do not use the Services.

We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the Policy the date it was last updated and we will use commercially reasonable efforts to notify you of all material changes. We encourage you to review this Policy from time to time to make sure that you understand how any information you provide will be used. Each time you access the Services including ordering any of our Products (as defined in our Terms of Service through the Website, the most recent version of the Policy will apply. Your continued use of the Services following the posting of changes to these terms will mean you accept those changes.

We will ensure that all Personal Information (as defined below) that we collect and maintain will be (i) processed lawfully, fairly, and in a transparent manner; (ii) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; (iii) adequate, relevant, and limited to what is necessary; (iv) accurate and kept up to date; and (v) processed in a manner that ensures appropriate security of the Personal Information, including protection against unauthorized or lawful processing and against accidental loss, destruction or damage.

Information we collect

Personal Information You Provide to Us

When you register for and access or use the Services, we may collect (i) personal information, including name, home or shipping address, email address, phone number, username, password, and demographic information; (ii) information about your interests and activities; and (iii) any other information that you may provide while accessing or using the Services. All collectively referred to us “Personal Information”.

We only have access to and collect Personal Information that you voluntarily give us by registering for the Services, placing orders, or filling out our online forms and surveys which are part of the Services or via email or other direct contact from you.

If you do not want this information to be shared with our employees, service providers and subcontractors, upon your request, we will not share your information. However, your ability to access and use the Services or receive orders may be limited or interrupted.

Information Collected by Automated Means

Whenever you use the Services, we and/or our service providers may use a variety of technologies that automatically collect information about how the Services are accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page viewed, the time, how many users accessed the Services, and the website you visited immediately before the Services, if applicable. This statistical data provides us with information about the use of the Services, such as how many visitors visit a specific page on our website, how long they stay on that page, which websites they are coming from and which hyperlinks, if any, they “click” on. Usage Information helps us to keep the Services user-friendly and to provide visitors with readily accessible and helpful information. We may also use your Usage Information to troubleshoot issues with access or use of the Services. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.

We believe that such technology usage is fair, lawful, and proportional to the legitimate interest and needs of our business, and that our methodology fairly addresses each user’s legitimate rights and expectations in view of the context and purpose for the collection and use of the information collected.

Cookie Use

When you visit the Website, we may use “cookies,” which are small files stored as text on your computer or device. In some countries, we are not permitted to send cookies to the browser of a user without the prior consent of the affected user. In this case, we will seek such consent. The remainder of this section assumes that either the use of cookies is not restricted by applicable law, or if it is restricted that the individual has explicitly consented to the use of the cookies.

These “cookies” and other similar technologies like pixels, web beacons (also known as “clear GIFs”) and local storage may be used to collect information about how you use the Website and provide features to you.

If a visitor does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies. Please note that if you use your browser settings to modify or block all cookies, you may not be able to access parts of the Website, and your user experience may be severely degraded. We may share non-Personal Information obtained via cookies with our advertisers and affiliates. We have no access to, or control over, cookies stored on your computer by other third parties.

Information provided by these cookies are essential to help us provide the Website n a manner that is adapted to each user’s specific needs. We believe that such means are fair, lawful, and proportional to the legitimate interest and needs of our business and that our methodology fairly addresses each user’s legitimate rights and expectations in view of the context and purpose for the collection and use of the information collected.

How Do We Use Your Information?

We will use your information to respond to you regarding the reason you contacted us and/or for the purposes identified at the time of collection. We will also use your information as follows:

Registration – A user may need to complete a registration form and create an account with to order Products or use certain aspects of our Services. During registration, a user is required to give certain information (such as name, telephone number, address and email address). This information is used to contact you about the products/services in which you have expressed interest or ordered and allow you to easily update your Personal Information.

 

To Understand Your Interests - For example, we may use your information to better understand what products or services interest you based on information we collect about you and your household.

•          To Improve Our Products and Services - We may use your information to enhance our Products, Website and Services to serve you better.

•          To Respond to Your Requests, Chats or Questions - This may include responding to your customer feedback.

•          For Security Purposes - This could include protecting our company and our other customers. It may also include protecting the Website and our Services.

•          For Marketing Purposes. We may provide you with information about new products and special offers. We may use your information to serve you ads about products and offers. We may tell you about new features or updates. These might be third-party offers or products we think you might find interesting.

•          To Provide and Support Our Products and Services – This may include any activities related to your use of the Website and our Products, including fulfilling your requests for other products or services. It could also include processing sales, purchases or return transactions and responding to customer support requests.

•          Law or regulatory obligations - Certain laws and regulations require us to maintain and disclose collected information.

Customer Service – Unless you ask us not to, we may contact you via email in the future to tell you about changes to the Services, Products or this Policy.

Pl8tek may send out emails with news, products, offers, surveys or promotions. If you do not want to receive email from us, please follow the instructions contained in the unwanted email message. However, please note that in all cases you will continue to receive all system emails (e.g. those regarding forgotten user passwords) and legal notices (e.g. updates to our policies) from us. If at any time you wish that we cease communication with you, please notify us using the contact information provided below in the “Contact Us” section.

By agreeing to our Terms of Service and this Policy, you are consenting to our use of your Personal Information for the purposes listed. We may also have the right to collect and use your Personal Information in the above-described manner for the performance of a contract, for entering into a contract with you, or to comply with a legal obligation.

Do We Share Your Information?

Except as provided herein, we will not trade, rent, share or sell your Personal Information to third parties.

Except as provided herein, unless you ask or provide your consent to do so, we will not share your Personal Information with any third party outside of our organization, except as necessary with our service providers and subcontractors in order to troubleshoot issues you may have with the Services or your account. Only employees, service providers and subcontractors who need the Personal Information to perform a specific job are granted access to Personal Information. The computers/servers in which we store Personal Information are kept in a secure environment.

We may disclose/share your information in the following ways:

Through our Website. For example, we may display some of the information you submit through the Website to facilitate a transaction.

With Our Business Partners. For example, this may include third parties that provide services related to our business.

With Our Service Providers. We may share your information with third parties who perform services on our behalf. For example, this may include vendors, common carriers and payment processors. It may also include companies that send emails on our behalf.

Protection of Intellectual Property Rights. We may release certain personal information to a third party that submits a complaint to Pl8tek that Material (as defined in our Terms of Service) you have uploaded to the Website violates a copyright, trademark or other proprietary right. The information we disclose in response to an intellectual property complaint may include your name, e-mail address, mailing address or other information necessary for the third party to contact you to address the alleged violation.

We will disclose Personal Information when we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or (b) will help to: enforce our policies and Terms of Service; protect your safety or security, including the safety and security of property that belongs to you; and/or protect the safety and security of the Services, our employees, our service providers, our subcontractors, other third parties, or equipment that belongs to us, our service providers, or our subcontractors and prevent or address fraud and other illegal activities. Disclosures in this limited scenario would be made to a court of law, law enforcement, or other public or government authority.

We may use non-identifiable anonymous data that is based on users’ access or use of the Services that may be used by us to improve the Services. We may also use anonymized data based on your use of the Services, including de-identified data, and combine such de-identified data with data or other anonymous data (“Aggregate Data”). Aggregate Data may include information that describes the habits, usage patterns, survey responses and/or demographic information of users as a group but does not identify any particular users. We may provide anonymized data and Aggregate Data to our third-party collaborators and partners.

Your Access to and Control Over Your Information

We offer you choices regarding the collection, use, and sharing of your Personal Information. The Services do not currently respond to browser-based do-not-track signals. You can choose to have your computer warn you each time a cookie is being set, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is different, so look at your browser's Help menu to learn the proper way to modify your browser’s cookies setting.

If you disable cookies, some features may be disabled that make your experience more efficient and some of the Services may not function properly.

You may do the following at any time by contacting us using the contact information provided below in the “Contact Us” Section:

See what data we have about you; if any.

Change or correct any data we have about you.

Have us delete any data we have about you.

Your request will be processed within 30 days of the date on which we receive it.

If you do not want your information to be shared with our employees, service providers and subcontractors, upon your request, we will not share your information. However, your ability to access and use the Services may be limited or interrupted.

How We Store Your Information/International Data Transfers

By registering an account, placing an order and/or using the Website, you consent to the transfer of information to anywhere in the United States where the Services is hosted or where our service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Our goal is to not hold or use your information longer than necessary for the purposes that we collect and use data. How long we hold your personal data will vary. The retention period will be determined by various criteria including:

the purpose for which we are using it – we will need to keep the data for as long as is necessary for that purpose; and

legal obligations – laws or regulation may set a minimum period for which we have to keep your personal data.

 

Personal Information you submit on or through the Website may be sent to other countries on our service providers’ servers. We will always protect your information in accordance with this Privacy Policy wherever it is processed. We are a United States-based company, and by accessing the Website, you grant us express consent to transfer your Personal Information to United States servers. If you do not wish for us to transfer your Personal Information to the United States, please contact us using the contact information provided on our Website.

This section sets out the privacy principles we follow with respect to transfers of Personal Information from the European Economic Area (EEA) to the United States, including Personal Information we receive from individuals residing in the EEA who visit or use the Website or otherwise interact with us. Please note that for users located in the EEA, the term Personal Information used in this privacy is equivalent to the term “personal data” under applicable European data protection laws.

Payment Information

We do not collect, store, or otherwise maintain any credit card information through the Website. If we collects any payments through the Website, the information collected to facilitate the transaction, including information associated with your credit card, will be processed by a third-party payment processor, such as Stripe, Shopify or other service provider.

All of our service providers processing payments will utilize a secure tokenization method to capture and process credit card transactions through the Platform. Your payment information, including any credit card information, does not pass through our servers and is not saved in any of our systems. None of our employees, contractors, or other users of the Platform have access to your payment information.

If payment information is used to facilitate a transaction through the Website our payment processor returns a secure token to us that we can store and use for future transactions. We store this token for your convenience so that you are not required to re-enter payment information for each transaction. You may delete this token and remove it from our system by using the functionality provided on the Website or contacting us using the contact information provided on our Website.

What Steps Do We Take to Protect Your Information?

We take measures designed to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. We provide physical, electronic, and procedural safeguards to protect Personal Information we process and maintain. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other types of misuse. Please advise us immediately if you believe your account has been accessed without your authorization. If you have reason to believe that your interaction with us is no longer secure, if you feel that the security of any account you might have with us might have been compromised, or if you suspect that someone else is using your account, please contact us immediately using the contact information provided below in the “Contact Us” Section. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information. To the extent the law of your jurisdiction allows for notification of a breach via email or conspicuous posting on the Website, you agree to accept notice in that form

Does This Policy Apply to Other Websites Linked to Or from the Services?

The Services may contain links to other websites. Any Personal Information you provide on linked pages or sites is provided directly to that third party and is subject to that third party’s privacy policy. This Policy does not apply to such linked sites, and we are not responsible for the content or privacy and security practices and policies of these websites or any other sites that are linked to or from the Services. We encourage you to learn about their privacy and security practices and policies before providing them with Personal Information.

Do We Collect Information from Children Under the Age of 13?

The Services are not intended for use by children under the age of 18, and Company does not knowingly collect or use any Personal Information from such children. If we become aware that we have unknowingly collected Personal Information from a child under the age of 18, we will make commercially reasonable efforts to delete such Personal Information from our database. If you become aware that we have collected such Personal Information, please let us know immediately by using the information provided below.

What if I am resident of California?

California requires operators of websites or similar services to make certain disclosures to users who reside in California regarding their rights, specifically:

 

Shine the Light

 

For clarity, we will not trade, rent, share, or sell your Personal Information to third parties unless you ask or authorize us to do so. However, if we disclose Personal Information that is primarily used for personal, family, or household purposes of a California user to a third party for said third party’s direct marketing purposes, we will identify such third party along with the type of personal data disclosed, upon your request.

 

For further clarification, contact us using the contact information provided on our Platform. Under California law, businesses are only required to respond to a user’s request once during any calendar year.

 

Do-Not-Track

 

Some browsers give individuals the ability to communicate that they wish not to be tracked while browsing on the Internet. California law requires that we disclose to users how we treat do-not-track requests. The Internet industry has not yet agreed on a definition of what “Do Not Track” means, how compliance with “Do Not Track” would be measured or evaluated, or a common approach to responding to a “Do Not Track” signal. We have not yet developed features that would recognize or respond to browser initiated Do Not Track signals in response to California law. In the meantime, there are technical means to prevent some of the tracking. See Section “Your Access to and Control Over Your Information.”

 

            Personal Data Rights

 

            California consumers have the right to request access to their personal data, additional details about our information practices and deletion of their Personal Information (subject to certain exceptions). California consumers also have the right to opt out of sales of Personal Information, if applicable. We describe how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney. Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal information. We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected Personal Information. We will not discriminate against you if you choose to exercise your rights under the CCPA.

RIGHTS TO KNOW - You may request, no more than twice in a 12-month period, access to the specific pieces of personal data we have collected about you in the last 12 months. You may also request additional details about our information practices, including the categories of personal information we have collected about you, the sources of such collection, the categories of personal information we share for a legitimate business or commercial purposes, and the categories of third parties with whom we share your personal information. You may make these requests by contacting us using the contact information provided on our Platform. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.

COPIES OF PERSONAL INFORMATION - You may request, no more than twice in a 12-month period, transportable copies of your personal information that we have collected about you in the last 12 months. You may make these requests by contacting us using the contact information provided on our Platform. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.

DELETION -You may request that we delete the personal information we have collected about you. Please note that we may retain certain information as required or permitted by applicable law. You may make these requests by contacting us using the contact information provided on our Platform. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.

 

EU General Data Protection Regulation (GDPR)

The data protection laws of the European Economic Area, United Kingdom and other territories grant their residents certain rights in relation to their Personal Information. While other jurisdictions may provide fewer statutory rights, the Platform is designed to be available to our customers worldwide. (For the avoidance of doubt, references herein to the GDPR refer to the version of the GDPR that applies to customers in the EU or UK.)

As a resident of the European Economic Area or United Kingdom you have the following rights in relation to your Personal Information:

Right of Access. You have the right to access your Personal Information that we hold about you. You can use this right of access by contacting us using our contact information provided on the Platform. If the request affects the rights and freedoms of others or is manifestly unfounded or excessive, we reserve the right to charge a reasonable fee (taking into account the administrative costs of providing the information or communication or taking the action requested) or refuse to act on the request.

Right to Rectification. If we process your Personal Information, we shall endeavor to ensure, by implementing suitable measures, that your Personal Information is accurate and up-to-date for the purposes for which it was collected. If your Personal Information is inaccurate or incomplete, you can request a change to such Personal Information by contacting us using our contact information provided on the Platform.

Right to Erasure. You have the right to obtain deletion of Personal Information concerning you if our reason for collection does not exist anymore or if there is another legal ground for its deletion. For individual items of Personal Information, please request they be edited or deleted by contacting us using the contact information provided on the Platform.

Right to Object. When our processing of your Personal Information is based on legitimate interests according to Article 6(1)(f) of the GDPR, you have the right to object to this processing. If you object, we will no longer process your Personal Information unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR, particularly if the Personal Information is necessary for the establishment, exercise or defense of legal claims. You also have the right to lodge a complaint at a supervisory authority.

Right to restriction of processing of your Personal Information. You have the right to restrict the processing of your Personal Information in accordance with the conditions set out in Article 18 of the GDPR.

Right to Personal Information portability. You have the right to receive your Personal Information in a structured, commonly used and machine-readable format and have the right to transmit that information to another controller under the conditions set out in Article 20 of the GDPR. To make such request, you may do so by contacting us using our contact information provided on the Platform.

Right to Post-Mortem Control of Your Personal Information. If French data protection legislation is applicable to you, you have the right to establish guidelines for the preservation, the deletion and the transmission of Personal Information after your death in accordance with article 40-1 of the Act No 78-17 of 6 January 1978 on Information, Technology, Data Files and Civil Liberties.

Miscellaneous

This Policy and the privacy practices of Company will be subject exclusively to the laws of the United States. Please note that Company uses cloud computing servers located in the United States.

If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, the Services and your information as collected, processed and maintained through the Services may be included in the assets sold or transferred to the acquirer. You agree that we may transfer or assign the information we have collected about you in connection with any such event. In the event of a bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, we may not be able to control how your personal information is treated, transferred, or used.

Contact Us

If you have any questions about this Policy, please contact us at [__________] or via email us at: [_______]. To exercise any of your rights in this Policy, please contact us in writing, via email or postal mail as indicated above, so that we may consider your request under applicable law. Please be aware that your request will not be accepted for review unless you provide the following:

The name, user ID, pseudonym, email address, or other identifier that you have used to use the Services, or if you are not a registered user of the service, or have not otherwise previously interacted with us, your first and last name and an address where we can correspond with you.

State or Country in which you are located.

Clear description of the information or content you wish to receive or to be deleted or corrected, or the action you wish to be taken; and

Sufficient information to allow us to locate the content or information to be deleted, removed or corrected

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.

In addition, please note that, depending on the nature of your inquiry, request or complaint, we may need to verify your identity before implementing your request and may require proof of identity, such as in the form of a government issued ID and proof of geographical address.

We will attempt to comply with your request as soon as reasonably practicable.

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