1. COLLECTION AND USE OF PERSONAL INFORMATION.
Personal information is data relating to a Customer that can be used to help uniquely identify such Customer, either directly or indirectly, and may include: a name, home and email addresses, date of birth, phone number, professional-related information, business-related information, information relating to Customer’s company or employer, device identification and usage, certain cookie and network identifiers, and other Customer information as may be updated from time to time (the “Personal Information”). Customer may be asked to provide Personal Information when in contact with 360 or when using the Platforms. Additionally, 360 may use Customer’s Personal Information to improve the Platforms, understand how Customer and other customers use the Platforms, to inform Customer about the Services, and to provide and customize the Services for Customer.
By using the Platforms, Customer consents to 360’s use of Customer’s Personal Information for marketing purposes. 360 may use Customer’s Personal Information to conduct marketing and data analysis or to send Customer updates and news concerning 360 and 360’s business partners. If Customer would like 360 to stop using Customer’s Personal Information for these purposes, Customer should email 360 at firstname.lastname@example.org.
2. THIRD-PARTY INFORMATION 360 COLLECTS.
360 may receive and store certain types of third-party website usage information when Customer uses the Platforms. Website usage information helps 360 determine what type of content is most popular and which visitors are interested in what particular content and advertising. 360 may collect the pages visited, the time such pages were visited, and other information about Customer’s engagement with such third-party websites. 360 may also collect Customer’s IP address and Customer’s device identifier, which is a number automatically assigned to the electronic device used to access the internet.
3. DATA STORAGE.
360 uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Platforms, and such third-party vendors may collect and store Personal Information on behalf of 360 or for itself. 360 incorporates reasonable safeguards to help protect and secure Customer’s Personal Information. However, no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be one hundred percent (100%) secure. Please note that 360 cannot ensure or warrant the security of any information Customer transmits via the Platforms, and Customer does so at Customer’s own risk.
4. DISCLOSURES TO THIRD-PARTIES.
There are circumstances where 360 may wish to disclose or is compelled to disclose Customer’s Personal Information to third-parties. 360 may share Customer’s Personal Information with 360 subsidiaries, branches or associated offices, 360 partners, vendors, licensees, agents, representatives, distributors, independent contractors, legal advisors, 360’s other professional advisors, and/or to any other third-party where Customer has provided Customer’s permission.
Any disclosure to third-parties will only take place in accordance with the applicable law and for the purposes listed herein. These scenarios include disclosure: (a) as required to provide the Platforms and/or Services to the Customer; (b) in order to provide partner-sponsored feature enhancements; (c) when necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of 360’s Terms & Conditions, or as otherwise required by law; (d) on a temporary or permanent basis for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event (in the event 360 is acquired by or merges with another company, Customer will be notified before Customer’s Personal Information is transferred); (e) to protect the security or integrity of 360’s business, including 360’s databases and systems, and for business continuity reasons; (f) to 360’s legal advisors who may need to manage or litigate a claim; and (g) for any other purpose when 360 has Customer’s permission.
6. RETENTION OF PERSONAL INFORMATION.
7. SECURITY OF PERSONAL INFORMATION.
360 is committed to safeguarding all Personal Information that Customer provides to 360. 360 seeks to ensure that Personal Information is secure and will take all reasonable steps to ensure that personal privacy is respected. All 360 data is stored in written or electronic form on 360’s servers and computers and in various physical locations. 360 maintains physical, electronic and procedural safeguards to protect Customer’s Personal Information from misuse, unauthorized access or disclosure, and loss or corruption by computer viruses and other sources of harm.
8. COMPLIANCE WITH PRIVACY LAWS.
360 complies with the Children’s Online Privacy Protection Act, which requires the consent of a parent or guardian for the collection of personally identifiable information from children under thirteen (13) years of age. 360 does not knowingly collect, use or disclose Personal Information from children under thirteen (13), or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. However, it is possible that 360 may inadvertently receive information pertaining to children under thirteen (13). If Customer believes that 360 has received information about Customer’s child who is under the age of thirteen (13), please do not hesitate to notify 360. When 360 receives Customer’s notification, 360 will obtain Customer’s consent to retain the information or will delete it permanently. For purposes of the California Consumer Privacy Act (“CCPA”), 360 does not sell the personal information of consumers that 360 knows are minors under 16 years of age without affirmative authorization as required under the CCPA.
10. CALIFORNIA PRIVACY RIGHTS.
The CCPA gives California Customers certain rights to Personal Information that 360 has collected. Under California law, the exercise of these rights is subject to certain exemptions to safeguard public interests (such as the prevention or detection of crime) and 360’s interests (such as maintaining confidentially when legally required). 360 will comply with Customer’s request as soon as reasonably practicable. Requests to exercise Customer’s rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. To prevent unauthorized access to Customer’s Personal Information, 360 takes steps to verify a Customer’s right to the data. Following verification of Customer’s identity, 360 will notify Customer if 360 is unable to fulfill Customer’s request and outline the reasons 360 is unable to honor Customer’s request at this time.
Customer has the right to: (a) ask 360 for confirmation on whether 360 is processing Customer’s Personal Information, and if Customer can access such Personal Information as permitted by law (this may include what Personal Information 360 collects, uses, or discloses about Customer); (b) ask 360 to delete Customer Personal Information, as permitted by law; and (c) opt-out of certain data sharing practices with third-parties who may use Customer Personal Information solely for their own purposes (Customer’s right to opt-out is limited to information 360 sells to these third-parties, if any, which means the disclosure of data, including technical device data that does not identify Customer directly, when a third-party might use that data for its own purposes, such as for personalized advertising). Additionally, California Civil Code Section 1798.83 permits California Customers to request and obtain from 360 a list of what Personal Information, if any, 360 disclosed to third-parties for that third-party’s direct marketing in the preceding calendar year, as well as the names and addresses of those third-parties. 360 will not discriminate against Customer, in terms of price or the Services that 360 offers, if Customer submits one of the rights requests listed in this Section 10. To exercise Customer’s rights to Customer’s Personal Information or for instructions on how to exercise Customer’s rights, please contact 360 at email@example.com.
11. EU/EEA PRIVACY RIGHTS.
If Customer is located in the European Union (EU) and/or European Economic Area (EEA), to process Customer’s Personal Information lawfully 360 needs to rely on one or more valid legal grounds. The grounds 360 may rely upon include: (a) Customer’s consent to particular processing activities (for example, where Customer has consented to 360 using Customer’s Personal Information for marketing purposes); (b) 360’s legitimate interests as a business except where Customer’s interests or fundamental rights override such interests (for example, it is within 360’s legitimate interests to use Customer’s Personal Information to send Customer 360’s electronic newsletter and updates unless Customer has unsubscribed); (c) 360’s compliance with a legal obligation to which 360 is subject (for example, 360 has a duty to investigate and respond to complaints made against 360 and may need to process Customer’s Personal Information as part of such investigation); or (d) if Customer is a customer, or is representing a customer, because processing Customer’s Personal Information is necessary for the performance of a contract.
Please contact 360 at firstname.lastname@example.org at any time to exercise any of Customer’s data protection rights. Data protection law applicable to individuals in the EU and/or EEA provides individuals with certain rights, including the right to access, rectify, withdraw consent, erase, restrict, transport, and object to the processing of Customer Personal Information. Customer also has the right to lodge a complaint with the relevant information protection authority if Customer believes that Customer’s Personal Information is not being processed in accordance with the law. Specifically, Customer may have the right to: (a) obtain a copy of the Personal Information 360 has about Customer; (b) request that 360 rectify any inaccurate Personal Information and/or complete any incomplete Personal Information (if 360 disagrees and believes such information to be accurate and complete, 360 will advise Customer and include a notation on the record that Customer disputes the information’s accuracy. 360 will respond to Customer’s request to correct or supplement Customer’s Personal Information within a reasonable time period or within any time period specified in relevant laws); (c) as permitted by law, withdraw Customer’s consent to the processing of Customer’s Personal Information at any time (such withdrawal will not affect the lawfulness of processing based on Customer’s previous consent. Please note that if Customer withdraws Customer’s consent, Customer may not be able to benefit from certain features of the Services or the Platforms for which the processing of Customer’s Personal Information is essential); (d) as permitted by law, request that 360 stop processing Customer’s Personal Information (Customer also has the right to ask 360 not to process Customer’s Personal Information for marketing purposes); and (e) request that 360 erase Customer’s Personal Information for which 360 must comply, unless there is a lawful reason for not doing so. 360 suggests that Customer contact 360 regarding any questions relating to this Section 11 or if Customer has a complaint in relation to how 360 processes Customer’s Personal Information. However, Customer does have the right to contact the relevant supervisory authority in such relevant country directly.