1. DEFINITIONS: FOR PURPOSES OF THIS PRIVACY POLICY, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
“
Affiliate” means any company related to Live Earth by interlocking or shared ownership or shared assets. “
Cookie” means a small text file stored on your hard drive “
Partner” means any third party that provides services to Live Earth such as data hosting or analytics. “
Service” means your access to the Software. “
Software” means the Live Earth software platform, to include its clients (desktop, web, mobile), server, APIs, and documentation. “
User Information” means: (a) log data such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information; (b) the personal files you upload and access through the Service (“
User Data”); (c) all information you provide to Live Earth including user name, password, email address, contact information, and communications from you to Live Earth; (d) payment information including credit card number, credit card expiration date, CVV code, and billing address (“
Payment Information”); (e) all communications with other users submitted through the Service; and (f) any log in credentials to any third party subscription service that you access through the Service.
2. USE:
Live Earth may collect, process, and use User Information to:
- Help you access your data after you sign in;
- Remember your log in credentials so you do not need to enter it each time you sign in;
- Facilitate the processing of your payments;
- Provide personalized content and information to you;
- Improve the performance of the Service or Software or develop updates;
- Monitor metrics such as user patterns and equipment on which the Service is accessed and used; and
- Verify your compliance with the Live Earth Terms of Service and enforce Live Earth’s rights, including all intellectual property rights in and to the Service and Software.
The legal basis for this collection, processing, and use is your consent and Live Earth’s legitimate interests, including: (a) the performance of the Services purchased from Live Earth; (b) the proper administration of our website and business and communications with Users and; (c) proper protection of Live Earth against risks. Live Earth does not own User Data. You hereby grant to Live Earth a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use User Data in accordance with this Privacy Policy.
3. SHARING AND DISCLOSURE:
Live Earth may share User Information with its Affiliates and Partners, subject to the obligations in this Privacy Policy. However, Live Earth will only share Payment Information with payment services providers to process payments, prevent, detect and investigate fraud or other prohibited activities, facilitate dispute resolution such as chargebacks or refunds, and for other purposes associated with the acceptance of credit or debit cards. Live Earth will never share or sell User Information for marketing purposes. Notwithstanding anything to the contrary in this Privacy Policy, Live Earth may preserve or disclose your User Information if Live Earth believes that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Live Earth’s rights or property. Live Earth uses Google Analytics. Information about how Google collects and processes data can be found at
www.google.com/policies/privacy/partners/ Live Earth does not follow to the Do Not Track (DNT) setting of a user’s web browser.
4. COOKIES:
Live Earth uses Cookies to improve your access to the Software, personalize content, and identify repeat visitors to the Live Earth website. You may refuse to accept Cookies and to delete Cookies in your browser. The methods for doing so vary from browser to browser, and from version to version. Blocking all cookies may have a negative impact on your use of the Service by preventing you from using all the features.
5. STORAGE AND PROTECTION:
User Information collected through the Service or Software may be stored and processed in the United States or any other country in which Live Earth, its Affiliates, or its Partners maintain facilities. Live Earth will use commercially reasonable safeguards to help keep User Information secure, and will take reasonable steps to verify your identity before granting you access to your account.
6. UPDATING USER INFORMATION:
You may change or delete User Information or terminate your account in your Live Earth account settings. Following termination or deactivation of your account, Live Earth and its Affiliates and Partners may retain User Information for a commercially reasonable time for backup, archival, and audit purposes. To the extent that the legal basis for our collection, processing, and use of User Information is consent, you have the right to withdraw that consent at any time by contacting Live Earth.
7. CHILDREN’S PRIVACY:
Live Earth does not knowingly collect or solicit any information from anyone under the age of 16 or knowingly allow such persons to access or use the Service. The Service is not directed at children under the age of 16. In the event that Live Earth learns that User Information has been collected from a child under age 16 without parental consent, Live Earth will delete such User Information promptly.
8. CONTACT:
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work, or the place of the alleged infringement. If you have any questions about this Privacy Policy, please contact Live Earth at
info@liveearth.com.