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Last Updated: November 4, 2019
1.1. “Affiliate” means a Person’s affiliates, third-party providers, licensors, distributors or suppliers.
1.2. “Application(s)” means any software applications (including mobile and desktop applications) developed and/or distributed by the Company to facilitate use of the Website(s) and/or the Service(s).
1.3. “Cookie” means a small file stored on your computer, mobile or other device, which is sent to your browser from the Service(s).
1.4. “End-User” means an end-user of the Website(s), Application(s) or the Service(s). The End-User is a “data subject” under the GDPR.
1.5. “GDPR” means the General Data Protection Regulation.
1.6. “Online Service(s)” means the online services provided by the Company on the Website(s), including content, data, software, updates, web services, application programming interfaces and new releases.
1.7. “Person” means any individual, corporation (including any non-profit corporation), general or limited partnership, limited liability company, joint venture, estate, trust, association, organization, or governmental body.
1.8. “Personally Identifiable Information” or “PII” means information which may be used to identify you, such as your name, addresses, email addresses, phone or fax numbers, usernames, passwords, credit reporting information or other account information which may be in our possession or likely to come into our possession.
1.10. “Registered User” means an End-User who has completed the registration process for the Website(s) and/or the Service(s).
1.11. “Service(s)” means the Applications(s), Website(s) and Online Service(s).
1.12. “Subsidiary” means, for a Person, any other Person under common control with the first Person.
1.13. “Tracking Technologies” means Cookies, beacons, tags or scripts which may collect and track information about your usage of the Service(s).
1.14. “User Content” means any data, images, sounds, figures or other materials which are uploaded, posted or stored by an End-User through such user’s use of the Service(s).
1.15. “Usage Data” means usage information collected by the Company when you access the Service(s), including (a) Internet Protocol (“IP”) addresses, (b) log files, (c) unique device identifiers, (d) equipment identifiers (such as MAC addresses) or other unique identifiers, (e) browser type and version, (f) browsing history during interaction with the Service(s) (including visited pages and the time, dates and duration of such visits) and (g) other usage information collected from Cookies or other Tracking Technologies. Although certain browsers allow you to block Tracking Technologies, if you refuse to accept Tracking Technologies, we may deny you access to the Service(s) or portions of the Service(s). THE SERVICE(S) ARE NOT COMPATIBLE WITH ANY “DO NOT TRACK” SETTINGS YOUR BROWSING SOFTWARE MAY UTILIZE, AND WE RESERVE THE RIGHT TO DENY YOU SERVICE IF YOU ENGAGE THIS OPTION.
1.16. "Website(s)” means the website(s) of the Company including the website TITANRIG.COM and MODONE.COM.
3. Our Collection of your Information.
3.1. We collect PII when you register or open an account, sign in, pay a bill, purchase a Service, use a Service, call us for support or give us feedback. We may also get PII from other companies or third-parties, such as when you sync a third-party account or service with our Service(s). We may also receive PII when we use service providers to supplement or verify the PII you give us (e.g., validating your mailing address) to help us maintain the accuracy of your data and provide you with better service. Finally, we also collect content or other information that you may provide or create when you interact with the Service(s).
3.2. We may also automatically collect your Usage Data. We also collect IP addresses to (a) track and aggregate non-personal information, (b) determine the country or region of origin of End-Users or (c) as part of log in or security features. We may also collect Global Positioning System (GPS) location data and/or motion data when you use certain features or Service(s). We may also use Tracking Technologies to track your activity when using the Service(s).
3.3. Our Service(s) may change over time and we may introduce new features that may collect new or different types of information.
4. Correction of Information. We take reasonable steps to allow you to correct or amend your PII. You may also request that we correct or complete any PII you believe is incorrect or incomplete. We will make such corrections or completions when we determine they are warranted.
5. Our Use of Your Information. By using the Service(s), you give us permission to use your PII. Unless prohibited by law, regulation, or a contractual obligation, we may use your information, including your PII, for the following purposes:
5.1. Account Registration. We may use your PII to register your account for certain Service(s) we provide and to communicate important information to you. We may obtain additional PII, such as address change information, from commercially available sources, to keep our records current. If you set up an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your PII.
5.2. Communicate with You about Other Service(s). We may use your information to communicate with you about our Service(s) and to give you offers for third-party products and services that we think may be of use to you. We may contact you with newsletters, marketing or promotional materials or other information in order to do so.
5.3. To Improve Service(s) and Develop New Service(s). We will use your information to personalize or customize your experience and the Service(s), develop new features or Service(s), and to improve the overall quality of the Service(s). We may also use your PII to notify you about any changes to the Service(s).
5.4. To Provide Our Service(s) and Operate Our Business. We may use your information to operate our business, including providing Service(s) you requested, provide you with support related to our Service(s), and to help us protect our Service(s), including to combat fraud and to protect your information. We may also use your PII to fulfill the terms of our privacy policies, terms of service or any other agreement we have with you.
5.5. Customer Service and Technical Support. We may use your PII, information about your interaction with our Service(s), and information about your computer configuration to resolve questions you may have about our Service(s) and to follow up with you about your experience. we may also use your PII to provide customer support and to detect, prevent or address technical issues. We may also offer various internet chat Service(s) which allow you, for example, to communicate with a support technician. Chat transmissions are encrypted but you should not supply more PII than is required to address your specific issue. A transcript of the session may be retained to resolve questions or issues related to our Service(s).
5.6. Feedback. We may use any information you volunteer in surveys or other feedback you provide and combine them with answers from other customers in order to better understand our Service(s) and how we may improve them. Answering any survey is optional.
5.7. Research. We may combine or publish aggregated information from many End-Users, but only in a way that would not allow an individual End-User to be identified. We may prepare and share such information about our customers with third parties, such as advertisers or partners, for research, academic, marketing and/or promotional purposes. We or our third-party partners may publicly report such aggregated findings of the research or analysis, but only in a way that would not allow you or any other person to be identified.
5.8. Order and Payment Processing. We may use your PII to help us to fulfill orders you have placed with us. We may use your PII in order to process payments due to us from you.
6. How We Share your Personal Information. From time to time, we may need to share your PII with others.
6.1. Third Party Service Providers. We may share your information, including PII and Usage Data, with third-party service providers to enable us to provide our Service(s) and help us operate our business by performing various functions, such as website design, email communications, fraud detection and prevention, customer care, or analytics. Our contracts with these third-parties require them to maintain the confidentiality of any PII we provide to them, act only on our behalf and under our instructions and not use PII for purposes other than the product or service they're providing to us or on our behalf. These third-party service providers may function as “data processors” under the GDPR.
6.2. Government/Legal Requests. We may share your information with courts, law enforcement agencies or other government bodies when we have a good faith belief that we are required and/or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our Company or to respond to a court order, subpoena, search warrant, or other law enforcement request.
6.4. Reporting to Credit Bureaus. We may share your information with credit bureaus, consumer reporting agencies and card associations. Late payments, missed payments or other defaults on your account may be reflected in your credit report and consumer report. We may also share your information with other companies, lawyers, credit bureaus, agents, government agencies and card associations in connection with issues related to fraud, credit or debt collection.
6.5. Information Sharing Between our Entities. We share your PII and Usage Data with our Affiliates and Subsidiaries (except where prohibited by law, regulation or contractual obligation) in order to: process your transactions, maintain your accounts, operate our business, facilitate End-User login or registration, operate or provide the Service(s), offer you products or other Service(s), operate our business effectively, detect or prevent fraud or improve the Service(s).
6.6. Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your PII or Usage Data. If so, you will be asked if you'd like to stop receiving promotional information following any change of control.
6.7. With Your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your PII may be shared with other third parties.
7. Connecting Third-Party Services.
7.1. Financial Accounts. You may choose to sync certain Service(s) with information from other financial accounts. To sync your financial account information, we may require access to your online account with your financial institution. In such case, we will request your username, password and any other login bank data that you have set up with your financial institution to enable access. We use this information to update and maintain the account information you download or upload, to assist with the upload and download process and to enhance the Service(s).
7.2. Other Services. We may offer you the option to sync, link or connect other third-party services with your Service(s), and we may allow you to sync, link or connect your account to services offered through a third-party website. It will be clear who is referring the service or product, and who is providing the service or product. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your PII, as well as information about how you interact with each company’s service or product. This exchange of information is necessary to maintain business operations and to provide the ongoing service you’ve requested. By requesting or accepting these products or services, you are permitting us to provide your information, including your PII, to the other party. It is your responsibility to review the privacy policies of these third-parties. We assume no responsibility for and do not control the content, privacy policies or practices of such services. Furthermore, we assume no responsibility for and do not control your interaction with such sites, including the sharing of your PII with such services.
7.3. Links to Other Sites. The Service(s) may link to third-party sites. Clicking on such links will take you to these third-party sites. It is your responsibility to review the privacy policies of these third-party sites. We assume no responsibility for and do not control the content, privacy policies or practices of such sites. Furthermore, we assume no responsibility for and do not control your interaction with such sites, including the sharing of your PII with such sites.
8. Data Storage and Retention.
8.1. Storage. We may store your data on servers located in other countries or jurisdictions, including those that are located out of your governing jurisdiction.
8.2. Retention. To the extent permitted by applicable law, we may retain your PII and Usage Data as long as we determine is necessary to operate the Service(s), whether or not you remain a current End-User of the Service(s). You have the right to request that we erase your PII under certain conditions. Please contact us if you wish to have your PII erased.
9. Access to Personal Information
9.1. Generally, your PII is available through your account as a Registered User of our Service(s). However, if you are unable to access your PII, you may request a copy by contacting us. We may charge a small fee for this service.
9.2. You may also request that we transfer your PII to another organization or directly to you under certain conditions. We will take such requests under advisement and see if we can accommodate them.
10. Security. The security of your data is important to us, but you should be aware that no method of transmission over the internet and no method of electronic storage is completely secure. While we strive to use commercially reasonable efforts to protect your PII, we cannot guarantee its absolute security.
11. Children’s Privacy. The use of our Website by individuals under the legal age of majority is prohibited. We do not knowingly collect PII from such individuals. If you become aware that such an individual has provided us with PII, please contact us and we will take steps to restrict access to our Service(s) by such an individual.
12. Miscellaneous Provisions.
12.11. Relationship Between the Parties. Nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties, or to create an employment relationship between the parties.
12.13.1. General Limitation on Recovery of Consequential Damages. The Company shall not be liable under any circumstances to you for (a) indirect, consequential, incidental, special, exemplary, or punitive damages, regardless of the theory advanced; (b) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet the Company’s requirements.
12.19. Waiver of Class Actions. You agree that any and all disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. By using the Service(s), you agree that you are waiving the right to participate in a class action or litigate on a class-wide basis.
We may utilize the following third-party services to provide you with the Service(s). Please review their privacy policies. In many cases, these services may let you opt out of data collection. For more information, please contact these providers directly.
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