PRIVACY POLICY OF TITAN RIG, LLC

Last Updated: May 12, 2021

This Privacy Policy of Titan Rig, LLC (the “Privacy Policy”) governs  use of the Service(s) (as defined below) provided by TITAN RIG, LLC (the “Company” or “we”).  This Privacy Policy is a legal agreement between the End-User (or “you”) and the Company.  This Privacy Policy describes the privacy practices of the Company and its Affiliates.  Your use of the Service(s) (whether or not any Service requires you to click any button marked “I Accept,” “I Agree” or similar) constitutes your agreement to this Privacy Policy and its terms and provides us with the legal basis for our processing of your data. We are a “data controller” and a “data processor” under the GDPR.

IF YOU HAVE QUESTIONS ABOUT THIS PRIVACY POLICY, PLEASE CONTACT THE COMPANY AT THE FOLLOWING EMAIL ADDRESS:  [email protected].

Privacy Policy

1. Definitions As used in this Privacy Policy, the following defined terms have the following meanings when capitalized:

     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.

     1.9. “Privacy Policy” means the privacy policy of the Company which may be found at https://www.titanrig.com/privacy-security.

     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.

2. Application. This Privacy Policy applies to the Service(s) or any other online Service(s) that link to this Privacy Policy.  The Company is the responsible entity for all PII subject to this Policy for our Service(s) targeted to United States’ customers.  The Company may also provide Service(s) in other countries and regions.  If you are using a non-US version of the Service(s), then please refer to the applicable Privacy Policy.

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.

     6.3. Protection of the Company/Others.  We may share PII or Usage Data when we believe it is appropriate to enforce or apply any Terms of Service and other agreements of the Company or to protect the rights, property or safety of the Company, our Service(s), our End-Users or others.  We may also exchange PII or Usage Data with other companies and organizations for fraud protection and credit risk reduction.  This does not include selling, renting, sharing or otherwise disclosing PII for commercial purposes in violation of the commitments set forth in this Privacy Policy.

     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.

     12.1. Incorporation by Reference.  The following are each incorporated herein by reference:  (a) the Privacy Policy, (b) any additional terms and conditions, which may include those from third-parties and (c) any terms provided separately to you for the Service(s), including product or program terms, ordering terms, activation terms, payment terms or similar.

     12.2. Notice of Default; Cure.  Unless otherwise stated elsewhere in this Privacy Policy, you shall provide the Company with written notice and a reasonable opportunity to cure any act or omission constituting a breach by the Company of any of the material terms, covenants or conditions set forth in this Privacy Policy.  The Company is under no similar obligation to provide any time for cure to any End-User.

     12.3. Force Majeure.  The Company shall not be in default or otherwise liable for any delay in or failure of its performance under this Privacy Policy where such delay or failure arises by reason of any act of God, or any government or any governmental body, acts of the common enemy, the elements, strikes or labor disputes, or other similar or dissimilar cause beyond the control of such party.

     12.4. Amendments.  This Privacy Policy may modified at any time in the sole discretion of the Company, with or without notice to you.  Your continued use of the Service(s) after any such modification shall constitute an acceptance by you of such modifications.

     12.5. Assignment.  The Company may assign this Privacy Policy at any time in the Company’s sole discretion, with or without notice to the End-User.  You may not assign this Privacy Policy without the written consent of the Company.

     12.6. Binding Effect.  This Privacy Policy are binding upon and shall inure to the benefit of the parties hereto and their respective assigns, administrators, executors, heirs, legal representatives and successors, including any entity with which a party may merge or consolidate or to which all or substantially all of its assets may be transferred.

     12.7. Section Headings; Construction; Interpretation.  The headings of Sections in this Privacy Policy  are provided for convenience only and will not affect its construction or interpretation. All references to "Section" or "Sections" refer to the corresponding Section or Sections of this Privacy Policy unless otherwise specified.  All words used in this Privacy Policy will be construed to be of such gender or number as the circumstances require.  Unless otherwise expressly provided, the word "including" does not limit the preceding words or terms. “Your” refers to the End-User and “us” and “our” refer to the Company.

     12.8 Entire Agreement.  This Privacy Policy contains the entire agreement [between/among] the parties with respect to the subject matter herein and the supersedes all prior agreements and understandings, oral or written, between the parties with respect to the subject matter herein.

     12.9. Severability.  If any provision of this Privacy Policy is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Privacy Policy will remain in full force and effect. Any provision of this Privacy Policy held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

     12.10. Third-Party Rights.  Nothing expressed or referred to in this Privacy Policy will be construed to give any third-party other than the parties to this Privacy Policy any legal or equitable right, remedy or claim under or with respect to this Privacy Policy or any provision of this Privacy Policy.  This Privacy Policy and all of its provisions are for the sole and exclusive benefit of the parties to this Privacy Policy and their successors and assigns.

     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.

     12.12. Waiver.  Neither the failure nor any delay by the Company in exercising any right, power, or privilege under this Privacy Policy will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Privacy Policy can be discharged by the Company, in whole or in part, by a waiver or renunciation of the claim or right unless in writing; (b) no waiver that may be given by the Company will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on an End-User will be deemed to be a waiver of any obligation of such user or of the right of the Company to take further action without notice or demand as provided in this Privacy Policy.

     12.13. Limitation of Liability.  This Privacy Policy sets forth the entire liability of the Company, its Affiliates and your exclusive remedy with respect to the Service(s) and their use:

          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.

          12.13.2 Cap on Direct Damages.   To the maximum extent permitted by applicable law, the entire liability of the Company and its Affiliates for all claims relating to this Privacy Policy shall be limited to the amount you paid for the Service(s) during the twelve (12) months prior to such claim.

     12.14. Remedies Cumulative.  The rights and remedies of the Company under this Privacy Policy are cumulative and not alternative, and no such right or remedy shall eliminate any other remedy under this Privacy Policy to which the Company may be entitled.

     12.15. Specific Performance.  You acknowledge and agree that irreparable injury shall result from a breach of this Privacy Policy and that money damages will not adequately compensate the Company. Accordingly, in the event of your breach or a threatened breach of this Privacy Policy, the Company shall be entitled, in addition to any other remedy which may be available, to injunctive relief to prevent or to correct the breach.  The Company shall be entitled to recover its costs and fees, including reasonable attorneys’ fees, incurred in obtaining any such relief.

     12.16. Governing Law.  This Privacy Policy and the rights and obligations of the parties hereunder shall be governed by, and construed and interpreted in accordance with, the laws of the State of California, without regard to conflicts of laws principles.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Privacy Policy.  Data protection, privacy and retention laws for other jurisdictions (including the General Data Protection Regulation) do not apply to this Privacy Policy, however if you are a resident of the European Economic Area (EEA), then you may have certain rights regarding your data under the GDPR.

     12.17. Jurisdiction; Venue.  Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Privacy Policy shall be brought against any of the parties in the courts of the State of California, County of Santa Clara, or, if it has or can acquire jurisdiction, in the United States District Court for the Northern District of California, and use of the Service(s), you consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world.

     12.18. Dispute Resolution.  Except with respect to matters as to which injunctive relief or specific performance is being sought, all disputes, controversies, or claims arising out of or relating to this Privacy Policy  which cannot be resolved by the parties hereto shall be finally settled in accordance with the applicable rules for the resolution of disputes of any dispute resolution agency selected the Company in the County of Santa Clara, California.  The prevailing party shall be entitled to reimbursement of any reasonable costs and/or fees, including reasonable attorney’s fees.  Additionally, in the event any party fails to proceed with arbitration, unsuccessfully challenges the arbitrators’ award or fails to comply with the arbitrators’ award, the other party is entitled to costs of suit including reasonable attorney’s fees for having to compel arbitration or defend or enforce the award.  Any party may be represented by an attorney selected by that party and any award of attorney’s fees or costs shall be made in accordance with the applicable substantive law.  By using the Service(s), you agree to submit any claims arising out of, relating to, or in connection with this Privacy Policy, or the interpretation, validity, construction, performance, breach or termination thereof to binding arbitration, unless otherwise required by law, and you agree that this section constitutes a waiver of your rights to a jury trial.

     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.

     12.20. Attorney’s Fees.  In the event of litigation relating to this Privacy Policy, the prevailing party shall be entitled to recover its reasonable attorney’s fees and expenses.

          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.