RecordSet Privacy Policy

Last Updated July 28, 2020

This "Privacy Policy" shall apply to your access to and use of the RecordSet application, its related applications, and cloud-based service (the "Services") provided to you and your Authorized Users (collectively, "you," "your," or "User") by RecordSet Imaginations, Inc. ("we," "us," "our," or "RSI"). This Privacy Policy also applies to your access and use of the RecordSet website located at https://getrecordset.com and any other associated websites owned or operated by RSI (collectively, the "Site"). This Privacy Policy is part of the Terms of Service located at https://getrecordset.com/terms.html (the "Terms of Service"), and any capitalized terms not otherwise defined in this Privacy Policy shall have the meaning provided in the Terms

This Privacy Policy describes the information we collect from those who access and use the Site or the Services. It also describes how we use that information, and, in some instances, how we share that information.

We use your information to provide and improve the Site and the Services.

By accessing or using the Site or the Services, you agree to the collection and use of your information in accordance with this Privacy Policy.

DEFINITIONS

"Cookies" means small data files stored on your device (computer or mobile device).

"Data Controller" means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information is, or is to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Information collected by us.

"Data Processors" means any natural or legal person who processes Personal Information on behalf of the Data Controller. For purposes of this Privacy Policy, we are a Data Processor for any Personal Information of others collected by you.

"Data Subject" (or "User") means any living individual who is accessing and using the Site, or ordering, purchasing, and using the Site or the Services, and is the subject of Personal Information.

"Personal Information" means information about a living individual who can be identified from that information (or from that information and other information either in our possession or likely to come into our possession).

"Usage Data" means data collected automatically which is either generated by the access and use of the Site or the Services, or from the Site infrastructure itself (for example, the duration of a page visit).

INFORMATION COLLECTION AND USE

We collect several different types of information for various purposes to provide the Site and the Services to you, as well as to constantly improve our offerings in that regard.

Personal Information

While accessing and using the Site or the Services, we may automatically collect or ask you to provide us with certain Personal Information that can be used to contact or identify you. This Personal Information may include, but is not limited to:

· First name and last name

· Credit card information (number, expiration date, CCV code, etc.)

· Telephone number

· Email address

· Street Address, City, State, Province, ZIP/Postal Code of your home and/or other residential properties owned by you either submitted by you or derived from digital photographs submitted by you

· Photographs, floorplans, or other depictions submitted by you of the interior and/or exterior of your home and/or other properties owned by you, and descriptive information or data regarding such home or properties

· Cookies

· Usage Data

Whether through the Site or otherwise, when you order, purchase, or use the Services, we ask for information such as your name, mailing address, email address, telephone number, credit card information, and other personal identifying information. RSI uses this collected information to fulfill your order, improve our services, contact you regarding your order, contact you regarding promotions, surveys, services and other matters, conduct research, and provide anonymous reporting for internal and external clients.

We may use your Personal Information to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, or by contacting us.

Usage Data

We may also collect Usage Data about your access and use of the Site or the Services. This Usage Data may include information such as your computer's or mobile device's Internet Protocol (IP) address, browser type, browser version, the pages of the Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

Tracking Cookies Data

We use Cookies and similar tracking technologies to track the activity on the Site and to hold certain information. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze the Site and our services.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Site.

Examples of Cookies we may use include, but are not limited to:

· Session Cookies. We use Session Cookies to operate the Site.

· Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

· Security Cookies. We use Security Cookies for security purposes.

USE OF DATA

RSI uses the collected information and data for various purposes:

· To provide and maintain the Site and the Services.

· To notify you about changes to the Site and the Services.

· To allow you to participate in interactive features of the Site and the Services when you choose to do so

· To provide customer and technical support.

· To gather analysis and valuable information so that we can improve our services.

· To monitor the usage of the Site and the Services.

· To detect, prevent, and address technical issues.

· To provide you with news, special offers, and general information about other goods, services, and events which are offered by us or our partners that are similar to those that you have already purchased or inquired about, unless you have opted not to receive such information.

HOW DO WE STORE YOUR DATA?

RSI takes reasonable technical and procedural steps to maintain the security and integrity of your personal information.

LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are from the European Economic Area (EEA), RSI's legal basis for collecting and using your Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

RSI may collect and process your Personal Information because:

· We need to perform a contract with you.

· You have given us permission to do so.

· The processing is in our legitimate interests and it is not overridden by your rights.

· To comply with the law.

RETENTION OF DATA

RSI will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

RSI will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our service, or we are legally obligated to retain this data for longer periods.

TRANSFER OF DATA

Your information, including Personal Information, may be transferred to, and maintained on, servers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your home jurisdiction.

If you are located outside of the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there. The Site and RSI's operations in providing the Services are conducted in the United States.

Your acceptance of and agreement to this Privacy Policy (as part of your acceptance of and agreement to the Terms of Service by your access and use of the Site or the Services), followed by your submission of Personal Information represents your agreement to such transfers.

RSI will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. No transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Information and other data and information.

DISCLOSURE OF DATA

Business Transaction

If RSI is involved in a merger, acquisition, or asset sale, your Personal Information may be transferred to the acquiror. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, RSI may disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Legal Requirements

RSI may disclose your Personal Information in the good faith belief that such disclosure is necessary to:

· Comply with a legal obligation.

· Protect and defend the rights or property of RSI.

· Prevent or investigate possible wrongdoing in connection with the Site or the Services.

· Protect the personal safety of users of the Site or Services or the public.

· Protect against legal liability.

Third-Party Marketing

RSI may disclose your Personal Information (specifically, email address), to third parties for their direct marketing purposes, to provide you with news, special offers, and general information about other goods, services, and events which are offered by such third parties, unless you have, if applicable, opted to not have your personal information sold to third parties for their direct marketing purposes.

SECURITY OF DATA

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your Personal Information, we cannot guarantee its absolute security.

YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. RSI aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.

If you wish to be informed about what Personal Information we hold about you, and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

· The right to access, update, or delete the Personal Information we have about you. Whenever made possible, you can access, update, or request deletion of your Personal Information directly within your Account settings section on the Site. If you are unable to perform these actions yourself, please contact us to assist you.

· The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

· The right to object. You have the right to object to our processing of your Personal Information.

· The right of restriction. You have the right to request that we restrict the processing of your Personal Information.

· The right to data portability. You have the right to be provided with a copy of the Personal Information we have about you in a structured, machine-readable, and commonly used format.

· The right to withdraw consent. You also have the right to withdraw your consent at any time where RSI relied on your consent to process your Personal Information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

YOUR CALIFORNIA PRIVACY RIGHTS

Residents of California may request a list of third parties to which certain Personal Information obtained by RSI was disclosed by RSI during the preceding year for the direct marketing purposes of those third parties. If you are a California resident and want such a list, or wish to instruct us to not sell your personal information to third parties, please contact us at legal@getrecordset.com. For all requests, you must include the statement "Your California Privacy Rights" in the body of your request, as well as your name, street address, city, state, and ZIP Code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

YOUR DATA PRIVACY OBLIGATIONS

To the extent you include the Personal Information of others (for instance, employee names, identification numbers, physical descriptions, descriptions of events/incidents which may tend to identify individuals, etc.) in your User Content and Data (as defined in the Terms of Service), you are the Data Collector of such Personal Information, and RSI is a Data Processor acting at your instruction. Your instruction to RSI is solely to store, sort, and present such Personal Information on demand via the interface provided by the Services. You are solely responsible for ensuring your collection of such Personal Information is compliant with all applicable laws and regulations, including, but not limited to, the GDPR and CCPA.

SERVICE PROVIDERS

We may employ third party service providers to facilitate our provision of the Site and the Services, to provide the Site or Services on our behalf, perform Site and Online Service-related services, or assist us in analyzing how the Site or the Services, are used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third party service providers to monitor and analyze the use of the Site and the Services.

Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of the Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having your activity on the Site made available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visit activity. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.

SURVEYS

We may conduct user surveys to better target our content to our audience. Participation in these surveys is completely voluntary, and you therefore have a choice whether or not to disclose such information. We sometimes share the aggregated demographic information in these surveys with our partners. We never share Personal Information collected through surveys with such third parties

MARKETING

RSI would like to send you information about products and services of ours that we think you might like, as well as those of our partner companies.

If you have agreed to receive marketing, you may always opt out at a later date.

You have the right at any time to stop RSI from contacting you for marketing purposes or giving your data to RSI's affilates.

If you no longer wish to be contacted for marketing purposes, please email marketing.opt.out@getrecordset.com with your request.

LINKS TO OTHER SITES AND SERVICES

The Site may contain links to other websites that are not operated by us, or you may integrate the Services with third-party products or services. If you click or use such a third-party link, product, or service, you will be directed to that third party's website, product, or service. We strongly advise you to review the privacy policy of every third-party website, product, or service you visit or use. RSI is not responsible for any of your Personal Information or User Content and Data that you permit to be accessed by such a third-party website, product, or service.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services.

CHILDREN'S PRIVACY

Persons under eighteen (18) years old ("Children" or "Child") are not permitted to access or use the Site or the Services.

We do not knowingly collect Personal Information from Children. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a Child without verification of parental consent, we will take steps to remove that information from our servers.

CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on the Site, prior to the change becoming effective and will update the "Last Updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Your continued (or new) access and use of the Site or Services, shall be your acceptance and agreement with this Privacy Policy.

CONTACT US

If you have any questions about this Privacy Policy, please contact us:

By email: legal@getrecordset.com

By mail:

    RecordSet Imaginations, Inc.
    340 S. Lemon Ave. #1703
    Walnut, CA 91789 USA