For questions or more information about our policies, or you would like to know more about OctoFreeze and our offerings, please contact us by email. help@octofreeze.com
Terms of Use AlterIO LLC - Octofreeze ("Octofreeze ") provides its services through www.octofreeze.com and any other website for which Octofreeze owns the domain registration (the "Site"), its proprietary platform and the services made available by Octofreeze therein, including the Octofreeze Network, mobile applications and data connectivity and storage services allowing you to use our software running on a supported platform that allow you to access the Octofreeze services (collectively, the "Service") through registered access to account. Octofreeze is not responsible if information made available on Octofreeze site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. ACCEPTANCE OF THE TOU YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE WEBSITE OR USING THE SERVICE YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, "YOU") ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, "you" and "your" will refer and apply to that company or other legal entity Certain areas of the Service, including, but not limited to, the areas of the Service through which you may use Octofreeze Service, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions ("Product-Specific Terms"). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the Product-Specific Terms will take precedence with respect to your use of or access to that area of the Service. These TOU comprise also Privacy policy End User License Agreement Terms of sale USING OUR SERVICES You are responsible for maintaining the confidentiality of your webshop account and password and for restricting access to your webshop account, and you agree to accept responsibility for all activities that occur under your webshop account or password. You must ensure that your webshop account information remains up to date, complete and accurate. When you use our Service, you grant that you are older than fifteen (15) years and that you are able to form legally binding contracts. Octofreeze does not provide Services to those younger than fifteen (15) years old. ELECTRONIC COMMUNICATIONS When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that Octofreeze provides to you electronically satisfy any legal requirement that such communications be in writing. COMMUNICATION SERVICE Octofreeze Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e¬mail addresses, without their consent; violate any applicable laws or regulations. We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. LIMITATION OF LIABILITY Octofreeze, Octofreeze’s affiliates, Octofreeze’s licensors or other authorized partners are not responsible for any modification or damage to, or loss of any programs, data, or other information stored by Octofreeze and it's partners, or stored or hosted by Octofreeze in connection with a Service Octofreeze provides. THE OCTOFREEZE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, INCLUDING SOFTWARE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OCTOFREEZE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. OCTOFREEZE'S ENTIRE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THE TERMS. FURTHER, NEITHER OCTOFREEZE NOR OCTOFREEZE'S EMPLOYEES ARE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR OTHER DAMAGES, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SERVICE, OR ANY ASSOCIATED EQUIPMENT, COSTS OF COVER, DOWNTIME AND USER TIME, OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE SERVICE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE APPLYING TO THE SERVICE IS LIMITED. WE BOTH AGREE ABOUT THESE LIABILITY LIMITATIONS, THAT SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIFIED OTHER DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY, OR MAY NOT FULLY APPLY TO YOU. The software is made available "as is". Octofreeze makes no warranties, conditions, accompanying documentation) as to any matter including (without limitation) performance, results, security, non-infringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality or fitness for any particular purpose. OCTOFREEZE PROVIDES NO WARRANTY REGARDING AND WILL HAVE NO RESPONSIBILITY FOR ANY CLAIM ARISING OUT OF: (I) USE OF SOFTWARE IN CONTRARY WITH PROVISIONS OF THIS TERMS AND CONDITIONS OR IT’S PURPOSE (II) MODIFICATION OF SOFTWARE MADE BY ANYONE OTHER THAN OCTOFREEZE UNLESS OCTOFREEZE AUTHORISED SUCH MODIFICATION (III) DAMAGES DUE TO IMPROPER OR SLOPPY USE (IV) USE OF SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM OR ANY SOFTWARE OR/ANDHARDWARE NOT AUTHORISED OR FORBIDDEN BY OCTOFREEZE. OCTOFREEZE PROVIDES NO WARRANTY AND WILL HAVE NO RESPONSIBILITY FOR (I) OPERATION OF SOFTWARE TO BE UNINTERRUPTED (II) OPERATION OF SOFTWARE TO BE ERROR-FREE (III) THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET REQUIREMENTS (IV) THAT SOFTWARE WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE, EXCEPT SOFTWARE AND FARWARE AUTHORISED BY OCTOFREEZE Octofreeze shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this TOU; and Octofreeze 's total aggregate liability in contract (including in respect of the indemnity tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this TOU shall be limited to the total amount paid for the Service during the [12] months immediately preceding the date on which the claim arose. THIRD-PARTY CONTENT Certain content, products and services available via Octofreeze Service may include materials from third-parties (»Linked Sites«). Linked Sites may direct you to third-party websites that are not affiliated with Octofreeze. Octofreeze is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Linked Sites are not under the control of Octofreeze, Octofreeze provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with Octofreeze. NOTICE REGARDING Octofreeze SERVICES EQUIPPED WITH SATELLITE OR WIRELESS TECHNOLOGY Your use of Octofreeze Services is dependent on the availability and coverage of wireless networks, telecommunications networks, satellite positioning systems and the Internet, which involve facilities owned and operated by third parties. OCTOFREEZE IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF SUCH THIRD PARTY SYSTEMS OR FACILITIES OR LOSS OF DATA DUE TO POOR, NONE OR EXTENSIVE LACK OF COVERAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCTOFREEZE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE. LICENSE AND INTELLECTUAL PROPERTY You agree that Octofreeze owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Services, including, but not limited to trademarks, copyrights, prices, data, website content. You shall take reasonable precautions to prevent unauthorized access and use of the Software and documentation by third parties. You can’t let any third party copy, decompile, disassemble, or otherwise reverse-engineer Software, or attempt to do so. You are prohibited from, and shall prevent any third party from, removing, covering, or altering any of our patent, copyright, or trademark notices placed upon, embedded in, or displayed and related materials. Octofreeze reserves all rights in web pages and Services not specifically granted to you under these Terms. Octofreeze grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these TOU are reserved and retained by Octofreeze or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Octofreeze without express written consent. You may not use any meta tags or any other "hidden text" utilizing Octofreeze name or trademarks without the express written consent. EXPORT CONTROL Octofreeze Service thereof supplied by Octofreeze under these Terms are subject to export controls under the laws and regulations of the Republic of the United States of America (“United States of America”) and any other applicable countries' laws and regulations. You shall comply with such laws and regulations governing export, re-export, import, transfer, and use of Octofreeze Service and will obtain all requirements under the laws and regulations of the United States of America and other local authorizations, permits, or licenses. Octofreeze and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses. You shall not export Octofreeze Service without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals. You certify that you are not a person with whom Octofreeze is prohibited from transacting business under applicable law. You represent that you are not located in any country or on any list where the provision of Service to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or re-export any Octofreeze Service with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of Service. You shall defend, indemnify, and hold Octofreeze harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Clause. You also represent and warrant that your officers, employees, and agents shall comply with the anti-corruption laws of your resident country and Laws of the United States of America, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business. SEVERABILITY In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU, such determination shall not affect the validity and enforceability of any other remaining provisions. TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These TOU are effective unless and until terminated by either you or Octofreeze. You may terminate these TOU at any time by notifying us that you no longer wish to use Octofreeze 'S Services, or when you cease using Octofreeze 'S sites. If in Octofreeze 'S sole judgment you fail, or Octofreeze suspects that you have failed, to comply with any term or provision of these TOU, Octofreeze also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Services (or any part thereof). ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. These TOU and any related Terms and policies operating rules posted by Octofreeze on this site or in respect to The Service constitutes the entire agreement and understanding between you and Octofreeze and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOU). Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party. GOVERNING LAW These TOU and any related Terms and policies as well as separate agreements whereby Octofreeze provides you Services shall be governed by and construed in accordance with the laws of the United States of America, with competent court in the United States of America. CHANGES TO TERMS OF SERVICE You can review the most current version of the TOU at any time at this page. Version of Terms of Service that is published on website is valid. CONFLICT MINERALS DECLARATION PDF - Conflict Minerals Policy Statement Octofreeze reserves the right, at its sole discretion, to update, change or replace any part of these TOU by posting updates and changes to Octofreeze 'S websites. It is your responsibility to check websites periodically for changes. Your continued use of or access to Octofreeze website or the Service following the posting of any changes to these TOU constitutes acceptance of those changes.
Privacy Policy and Personal Data Protection PRIVACY POLICY At AlterIO - Octofreeze (hereinafter: we, Octofreeze or controller) we take your (hereinafter: you, individual, user or data subject) privacy seriously. By using https://www.octofreeze.com/ (hereinafter: Sites or singular Site), you also agree to our Privacy Policy. If you don’t agree with this Privacy Policy, we may not be able to provide you our Services and Products offered on our Sites. DEFINITIONS Our Privacy Policy is based on the terms used by the legislator for the adoption of the General Data Protection Regulation (hereinafter: GDPR), the United States of America and terms used in national legislation. Our Privacy Policy should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to begin by explaining the used terminology. Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing. Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future. Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements. Automated decision making is when a decision is made which is based solely on a automated processing (including profiling) which produces legal effects or significantly affects individual. Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data. Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. NAME OF THE CONTROLLER AND PROCESSOR Controller is Octofreeze, Additional information about Octofreeze are available at our Sites. Our authorized Data Protection Officer can be reached at dataprotection@octofreeze.com. WHAT PERSONAL INFORMATION DOES OCTOFREEZE COLLECT? We are the sole owner of the information and personal data collected on our Sites. We won’t sell, share, or rent this data to any outside parties, except as outlined in this Privacy Policy. We collect information from our users at several different points on our Sites, mostly in order to process orders and better serve you with pertinent information, but also for all the purposes that are listed below in the chapter »WHY DO WE COLLECT YOUR PERSONAL DATA? «. We collect both personal data and non-personal information that you provide to us, including personal data that may be contained in any video, comment, or other submissions you upload or post to the Services. We collect personal data: 1. You provide to purchase or pre-order Products and Services 2. You provide when you sign up (sign in) to use Products and Services 3. You provide when you register for contests and prize acceptance 4. You provide when you subscribe to our newsletter and other services 5. You allow us to connect from other social media services 6. You allow us to collect from your use of certain features 7. We get from using Products and Services 8. We get from communicating directly with you and you voluntarily share 9. We get from cookies and other tools We may also ask for “non-personal information,” i.e., information that, alone, cannot be used to identify or contact you. You may be asked to submit non-personal information with personal information or separately. When you use our Services that are connected to the internet, including when you access the Services via PC, mobile, APPs, we may collect certain information as described in the sections below, for such purposes as improvement of our products and software services, troubleshooting bugs, providing the Services, managing the Services, tracking usage, providing content for referring traffic sources and improving overall performance of the Services. Such information may include profile information, aggregate user data, preferences, technical session information, browser type, information about your computer, hardware, software, or mobile device, including a device identifier, demographic information including gender, zip code and age, and navigational data including log files, server logs, clickstream data, and other data such as your location, where enabled, and language preference. User IP addresses are recorded for security and monitoring purposes. If you arrive at our Site via a link from another webpage, we may receive aggregate or otherwise anonymous statistical information about your visit to the site. We monitor customer traffic patterns and site usage to help develop the design and layout of the site, and to improve the content of our Sites. We may combine this automatically collected and other non-personal information with personal data, in which case we will treat the combined information as personal data under this Privacy Policy. WHY DO WE COLLECT YOUR PERSONAL DATA? In general, the personal data you provide helps us to communicate with you. For example, we use personal data to contact users in response to questions, solicit feedback from users, provide technical support, deliver Products and Services, and inform users about promotional offers. We collect the data that is needed to conclude the purchase, such as name and surname, shipping address, billing address, telephone numbers, e-mail address, and payment information (such as credit card number, validity of the credit card, name and surname and the address of the credit card owner. To create a webshop account, we require you to submit a user name and a password of your choice for future access to your information. We will send you a confirmation email to an email you have provided us with to verify your username and password. Your user name and password are to remain confidential and you should not share this information with anyone. We will keep the data in accordance with internal acts and the legislation. We furthermore collect your personal data in order to analyze the client database, their interest in products that we offer, etc. all in order to provide you with the best user experience possible. On the basis of individual’s explicit voluntary consent, we also process personal data for the purpose of direct marketing, sampling, segmenting, surveying, statistical data processing, market research, for determination of the use of Products and Services, for adapting the range of Products and Services for individuals and for carrying out games awarding prize. For this purpose, we process personal data (for example, but not exclusively first and last name, e-mail, address, telephone number) in order to prepare personalized offers, marketing campaigns and information for individuals and costumers, who explicitly gave consent for this kind of processing of personal data. You have the option to opt out of above-mentioned processing in this paragraph in accordance with Privacy Policy. Those who win a prize in our contests may be required to provide their social security number and other identification for tax purposes, which will only be used for prize fulfillment purposes. We may also use personal data for providing the Products and Services, including: 1. Orders – If you place an order, we will use your first and last name and email address to send you an order confirmation email, a shipping confirmation email, credit card details (for example but not limited to: name and surname of the card holder, address of the card holder, the validity of the card etc.) and customer satisfaction inquiry emails which are not compulsory. If you do not wish to fill in or receive customer satisfaction emails, you may opt-out of such emails upon receipt by clicking “Unsubscribe” link contained in the email. Please take a look at Terms of Use for order process. For this purpose, we use the before-mentioned personal data and all other data that you voluntarily share or provide to us. 2. Customer Service – Based upon the personal data you provide at the time of webshop account registration, purchase or by contacting our customer support. We also communicate with you in response to your inquiries, to provide the Products and Services you request, and to manage your webshop account if needed. We will communicate with you by email or telephone, in accordance with your preferences. For this purpose, we use the following personal data: Full name, Address, Phone number, email and order ID. 3. Newsletters, Special Offers and Updates – We will occasionally send you information on Products, services, special promotions, contests, events, and opportunities to interact with us and our community. You can sign up to receive these emails from us on our newsletter sign up and/or during checkout while purchasing a Product in/or your webshop account in/or through our Facebook profile. You have the option NOT to receive these types of communications. Please see “Choice and Opt-out” section below for more details on how to unsubscribe or opt-out of such communications from us. We may use Personal Data that you provide us, to send you updates and for other promotional communications. 4. Automated Decision Making and Profiling – On the basis of individual’s explicit voluntary consent we process personal data for automated decision making and profiling. Automated decision making refers to a decision which is taken solely on the basis of automated processing of your personal data. This means processing using, for example, software code or an algorithm, which does not require human intervention. As profiling uses automated processing, it is sometimes connected with automated decision making. Not all profiling results in automated decision making, but it can do. We only collect the minimum amount of data needed and we have a clear retention policy for profiles we create. We have additional checks in place for our profiling/automated decision-making system to protect any vulnerable groups (including children). If a decision is to be solely based on automated processing (including profiling), then we will inform you of your right to object and about the logic involved in automated decision making or profiling, the significance and envisaged consequences. You will have the right to request human intervention and express your point of view or challenge the decision. Suitable measures will be put in place to safeguard your rights and freedoms and legitimate interest. WITH WHOM DO WE SHARE YOUR PERSONAL DATA WITH? Information about our customers is important to us and we are not in the business of selling this information to others. We share customer information only as set forth in this Privacy Policy and with subsidiaries and carefully selected business partners that we either control or are our external contractors and that are either subject to this Privacy Policy or that follow practices that are at least as restrictive as those described in this Privacy Policy. 1.Service Providers. We use other third-party service providers to offer or facilitate services on our behalf. These services may include, among other things, helping us to provide Services that you request, create or maintain our databases, to research and analyze the people who request Products, services or information from us, taking care of the shipment of Products to you, of communication or helping us respond to inquiries and send out emails on our behalf. When you order Products, we will share your personal data as necessary for such third-party services providers to provide the applicable service to Octofreeze or on our behalf. For this purpose, we share your personal data with third persons as follows: (a) The processor of your personal data for direct marketing, to process (use) your e-mail address (personal data) for the purpose of electronically notifying you about useful information, news and the promotion is the company (TBD) whom we transfer your personal data and who processes your personal data on our behalf, in accordance with their Privacy Policy and Terms of Service. We do not forward the e-mail addresses of our clients in relation to direct marketing to any third parties or outside of the United States of America, except to the (TBD) company. (b) Processor of your personal data who provide payment services are (TBD) and (TBD) who process your personal data in accordance with their privacy policy and terms. These third parties are prohibited from using your personal data for promotional purposes or any other purpose but to provide their primary service. 2. Partner Companies. Upon your agreement we will share your personal data with the third parties such as: (a) Electing to share your personal data with other companies so that they can send you offers and promotions about their products and services; and (b) Platforms or applications, for example social networking sites, such as Facebook and with websites operated by third parties. We share the following personal data: Full name, order details, address. 3. Law Enforcement. We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your information may protect the rights, property, or safety of Octofreeze or another person. We will disclose information that that law enforcement agencies require in particular case to be disclosed. 4. Legal Process. We may share your personal data with others as required by, or permitted by, law. This may include sharing your information with government entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us. We will share personal data with above-mentioned entities based on judgments of courts or tribunals or decisions of administrative authorities or another binding act. We will disclose personal data that the above-mentioned entities require in particular case to be disclosed. 5. Blogs and other Online Postings. We may decide to allow users to share comments, postings, testimonials, or other information. If you choose to submit such information to us, the information you submit may be available generally to the public. Personal data that you provide in these areas may be read, collected, and used by others who access them. Exclusive responsibility for credibility of personal data and contact information lies in you. You may at any time revoke the authorization for the processing of personal data. THIRD COUNTRIES We do not transmit your personal data to third countries. In case your personal data will be transmitted to other third countries we will notify you. In conformity with the service, personal data is transferred and stored in the United States of America. HOW DO WE KEEP YOUR PERSONAL DATA SECURE? We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. We restrict access to personal data to our employees, service providers and agents who need to know such information in order to operate, develop or improve our Products and Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We use secure socket layer (“SSL”) technology to encrypt and protect the security of your personal data, including but not limited to your credit card number, when it is sent over the Internet. Therefore, while we strive to protect your personal data, we cannot guarantee its absolute security. We are not responsible for the functionality, privacy or security measures of any other organization. COOKIES AND TRACKING TECHNOLOGY (Here) is a list of cookies that we use. We have listed them so that you can choose if you want to opt-out of cookies or not. On our Sites we use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors of our Sites. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to our Sites. Of course, any data collected will be used in accordance with our Privacy Policy and Google’s privacy policy. You can opt out of Google’s use of cookies by visiting Google’s Ads Settings. Alternatively, you can opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page. By using our Sites, you represent that you are eligible to use our Sites and services as our Terms of Use require. DATA RETENTION We store your personal data for as long as needed to provide you with Products and Services. We may store information longer, but only in a way that it cannot be tracked back to you. We delete the information as soon as they are not needed for providing our services. Above-mentioned is stored in accordance with applicable law. Traffic information is erased or made anonymous when it is no longer needed for the purpose of the transmission or, in the case of payable services, up to the end of the period during which the bill may lawfully be challenged or payment pursued. Location information is stored to the extent and for the duration necessary for the provision of sales processing, direct marketing and provision of value-added Services information (including traffic information used for these purposes) is stored as long as the same is necessary for the provision of these activities, or up to the time when a user opts out from such use in accordance with this Privacy Policy. This section shall not prevent any technical storage or access to information for the sole purpose of carrying out the transmission of a communication or as strictly necessary in order for us to provide the Products and Services you requested. When information is no longer needed, we shall delete it using reasonable measures to protect the information from unauthorized access or use. VIOLATION OF PRIVACY POLICY You agree to indemnify Octofreeze, our partners, officers, agents and others related to Octofreeze for any claim from third party that could arise from your use of our Sites or your violation of this Privacy Policy. You agree to indemnify, defend and hold harmless Octofreeze, our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use Products and Services, any user postings made by you, your violation of any terms of this Privacy Policy or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you can cooperate with us in asserting any available defenses. CHILDREN DATA We are committed to protecting the online privacy of children and making the internet safe. We do not provide Products and Services to children, or knowingly collect or solicit personal data from children under 15 years of age. Any communication we get that is identified as being from a child under 15 will not be kept by us. We encourage parents or guardians of children under 15 to regularly check and monitor their children’s use of email and other activities online. PERSONAL DATA PROTECTION Withdrawal of e-notification consent At any time, you can withdraw your consent to receive e-notifications for the purpose of notifications about useful information, news and for promotion of Products and Services and consent to direct marketing, free of charge, by: - Clicking on “unsubscribe”, which will be in each of the notifications about Octofreeze news, promotions of Products and Services, - Sending a notification about your withdrawal or notification about your objection to the processing of personal data for direct marketing to the dataprotection@octofreeze.com. - Requesting in person at the registered office of the controller. Your withdrawal of consent does not affect the legality of the processing of your personal data in the period from when you gave consent (when you entered your e-mail address into the form for receiving e-News or when you confirmed your subscription to e-News as our client) to when you withdrew your consent. After receiving your withdrawal of consent, we will stop processing your personal data (e-mail address) and will delete it. We will let you know that your withdrawal was taken into account. On the basis of the filed objection regarding direct marketing we will immediately, and no later than within 15 days, permanently cease processing your e-mail address for the purpose of direct marketing and notify you about this. We will no longer send you notifications about useful information, news and the promotion of Products and Services. Information on the rights of individuals whose data we process In relation to your personal data that we process, you have the right: - To withdraw consent to processing of your personal data at any time. If you only wish to update your personal data, you can do that in your webshop account. - To obtain confirmation whether we process your personal data; - To access: to request confirmation whether we process your personal data relating to you, and if so, to request a copy of that personal data, to ask about purposes of processing, categories of personal data concerned, whether personal data is transferred to a third country or international organization etc.; - To rectification: to request that we rectify or update any personal data that is inaccurate, incomplete or outdated; - To erasure (Right to be forgotten): to request that we erase your personal data in certain circumstances, such as when the processing of personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed or where we collected personal data on the basis of your consent and you withdraw your consent etc.; - Of restriction of processing: to request that we restrict the use of your personal data in certain circumstances, such as when accuracy of the personal data is contested by you; - To data portability: to request that we provide a copy of your personal data to you in structured, commonly used and machine-readable format in certain circumstances and you have the right to transmit that personal data to another controller in certain circumstances; - To object at any time to processing of personal data for our legitimate interest, to direct marketing and profiling connected with direct marketing; - To state that the decision based solely on the automated processing of your personal data, including the creating of profiles, that has legal effects relating to you or significantly affects you in a similar way, does not apply to you. If the decision (1) is necessary for entering into, or the performance of, a contract between the you and Octofreeze, or (2) it is based on your explicit consent, we shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of Octofreeze, to express his or her point of view and contest the decision; - To appeal, independent of the above stated rights, to a supervisory authority if you believe that processing of your personal data violates the data protection regulations. You may file a complaint to the competent state authority: Federal Trade Commission, 00 Pennsylvania Avenue, NW Washington, DC 20580, Telephone: (202) 326-2222, e-mail address: antitrust@ftc.gov, website: www.ftc.gov. For all stated rights, you may, at any time, contact us - at dataprotection@octofreeze.com. We shall promptly ensure that the request is complied with immediately, but no later than in one (1) month. You will receive requested personal data in a structured, machine-readable and generally applicable way. First copy of your personal data in electronic or hard is free of charge, each additional copy we may charge a fee to cover cost of preparing the copy. UPDATES TO THIS PRIVACY POLICY This Privacy Policy was last updated 12/30/2022. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our Sites. The currently published version of Privacy Policy on our Sites is valid. If you access Products and Services from a location outside the United States of America, we are not responsible for compliance with all local laws, restrictions or regulations.