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Privacy Policy

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Thank you for choosing to be part of our community at both agnoStack, Inc. as well as UNIQUELY PARTICULAR LLC, doing business as Particular. and Particularly U (collectively referred to as any of "agnoStack", "Particular.","Particularly U", "Company", "we", "us", or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at info@agnostack.com.


When you visit us at https://agnostack.com, https://agnostack.io, https://uniquelyparticular.com websites/applications as well as our related applications, services, plugins, mobile website or mobile application, linked, or otherwise connected thereto (collectively, the "Application"), and use any of our services within, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites and our services.


This privacy policy applies to all information collected through our Application, and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the "Services").


Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.



TABLE OF CONTENTS


1. WHAT INFORMATION DO WE COLLECT? 2. HOW DO WE USE YOUR INFORMATION? 3. WILL YOUR INFORMATION BE SHARED WITH ANYONE? 4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? 5. HOW LONG DO WE KEEP YOUR INFORMATION? 6. HOW DO WE KEEP YOUR INFORMATION SAFE? 7. DO WE COLLECT INFORMATION FROM MINORS? 8. WHAT ARE YOUR PRIVACY RIGHTS? 9. CONTROLS FOR DO-NOT-TRACK FEATURES 10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS? 11. DO WE MAKE UPDATES TO THIS POLICY? 12. HOW CAN YOU CONTACT US ABOUT THIS POLICY? 13. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?



1. WHAT INFORMATION DO WE COLLECT?


Personal information you disclose to us


In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information.


We collect personal information that you provide to us when registering or using our Services or within our Application, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or within our Application (such as receiving customer support, posting messages in our online forums or entering competitions, contests or giveaways) or within products using our Application or by otherwise contacting us.


The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect can include the following:


Name and Contact Data. We may collect your first and last name, email address, postal address, phone number, and/or other similar contact data.


Credentials. We collect passwords, password hints, tokens, keys, and/or other similar security information used for authentication and account access.


Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe, Braintree (and other payment gateways) directly; we do not store any payment data within our Application. You may find their privacy policy link(s) here: https://stripe.com/privacy and https://www.braintreepayments.com/legal/braintree-privacy-policy.


All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.


Information automatically collected


In Short: Some information – such as IP address, usage behavior, external account number/identifier, and/or browser and device characteristics – is collected automatically when you visit our Services or user our Application.


We automatically collect certain information when you visit, use or navigate the Services/Application. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, usage behavior, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.


Like many businesses, we also collect information through cookies and similar technologies.


Information collected from other sources


In Short: We may collect limited data from public databases, marketing partners, and other outside sources.


We may obtain information about you from other sources, such as public databases, joint marketing partners, platforms containing/wrapping our Application, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links). We will inform you about the source of information and the type of information we have collected about you within a reasonable period after obtaining the personal data, but at the latest within one month.



2. HOW DO WE USE YOUR INFORMATION?


In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.


We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.


We use the information we collect or receive:


  • To facilitate account creation and logon process. If you choose to link your account with us to a third party account *(such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
  • To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the " [WHAT ARE YOUR PRIVACY RIGHTS][8] " below).
  • To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
  • To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at info@agnostack.com and be sure to include your name, testimonial location, and contact information.
  • Request Feedback. We may use your information to request feedback and to contact you about your use of our Services.
  • To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
  • To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
  • To deliver services to the user. We may use your information to provide you with the requested service.
  • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
  • For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.


3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?


In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.


We may process or share data based on the following legal basis:


  • Consent. We may process your data if you have given us specific consent to use your personal information in a specific purpose.
  • Legitimate Interests. We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract. Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:


  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to the Application and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
  • Other Users. When you share personal information or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly distributed outside the Services in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services, and view your profile.


4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?


In Short: We may use cookies and other tracking technologies to collect and store your information.


We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.



5. HOW LONG DO WE KEEP YOUR INFORMATION?


In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.


We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than the period of time in which users have an account with us and have subsequently requested removal of their data.


When we have no ongoing legitimate business need to process your personal information, upon your request at info@agnostack.com we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), upon request we will then securely store your personal information and isolate it from any further processing until said deletion/anonymization is possible.



6. HOW DO WE KEEP YOUR INFORMATION SAFE?


In Short: We aim to protect your personal information through a system of organizational and technical security measures.


We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services/the Application is at your own risk and subject to our Terms. You should only access the services within a secure environment.



7. DO WE COLLECT INFORMATION FROM MINORS?


In Short: We do not knowingly collect data from or market to children under 18 years of age.


We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at info@agnostack.com.



8. WHAT ARE YOUR PRIVACY RIGHTS?


In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information.


In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will conside and act upon any request in accordance with applicable data protection laws.


If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.


If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.


If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.


If you have questions or comments about your privacy rights, you may email us at: info@agnostack.com.


Account Information


If you would at any time like to change the information in your account or terminate your account, you can contact us at: info@agnostack.com.


Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.


Cookies and similar technologies. Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features of our Applications or Services. To opt-out of interest-based advertising by advertisers on our Services visit: http://www.aboutads.info/choices/.


Opting out of email marketing. You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in any marketing list generated emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may contact us at: info@agnostack.com.



9. CONTROLS FOR DO-NOT-TRACK-FEATURES


Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.



10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?


In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.


California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.


What categories of personal information do we collect?

We may collect the following categories of personal information in any rolling twelve (12) month period:


CategoryExamplesCollected
A. IdentifiersContact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account nameYES
B. Personal information categories listed in the California Customer Records statuteName, contact information, education, employment, employment history and financial informationYES
C. Protected classification characteristics under California or federal lawGender and date of birthNO
D. Commercial informationTransaction information, purchase history, financial details and payment informationYES
E. Biometric informationFingerprints and voiceprintsNO
F. Internet or other similar network activityBrowsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisementsYES
G. Geolocation dataDevice locationNO
H. Audio, electronic, visual, thermal, olfactory, or similar informationImages and audio, video or call recordings created in connection with our business activitiesNO
I. Professional or employment-related informationBusiness contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with usNO
J. Education InformationStudent records and directory informationNO
K. Inferences drawn from other personal informationInferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristicsNO

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

  • Receiving help through our customer support channels;
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of our Services and to respond to your inquiries.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.



11. DO WE MAKE UPDATES TO THIS POLICY?


In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.


We may update this privacy notice from time to time. The updated version will be indicated by an updated "Last updated" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. It is your responsibility to periodically review these Privacy terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms by your continued use of the Application after the date such revised Privacy terms are posted.



12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?


In order to inquire about these Privacy terms or to receive further information regarding use of the Application, please contact us first at info@agnostack.com. Only if no response is received within 30 days, please contact us at: 


agnoStack, Inc.
929 Alton Rd.
Suite 500
Miami Beach, FL 33139
Phone: 312.620.3589



12. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?


Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact us at info@agnostack.com.