ORCHIDS℠ BY EMBODEE®
TERMS OF SERVICE 

For Subscribers

Including Privacy Policy and Acceptable Use Policy

Effective starting on: July 20th, 2023

1. WELCOME

to Orchids℠ by Embodee®, an online platform to make 3D apparel creation faster, more flexible, and more efficient for everyone – from merchandisers and designers to marketers and salespeople.  

The following terms of service (“Terms”) cover your use of – and access to – the sites, training, products, applications, tools and features provided by Embodee, including the websites and associated domains of orchids3d.com (collectively, the “Services”).  If you are an existing Customer having previously agreed to any Orchids Terms, then the following Terms will completely replace any prior version to which you agreed. 

By using or accessing our Services, you’re agreeing to be bound by these Terms, as well as our Privacy Policy and Acceptable Use Policy, appended hereto (collectively, the “Agreement”).  

Please don’t copy, upload, download, or share content unless you have the right to do so;  Embodee may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content Orchids users put into – and share via – the Services.

If you have a separate written agreement with us, and it states explicitly that it is in lieu of this Agreement, then this Agreement will not apply to you.  

For the purposes of this Agreement we shall refer to you – and, as applicable, the business entity you represent, as “you”,  “yours”).  Your agreement is with Embodee PR LLC (“Embodee”, “We”, “Us”, “Our”).  You and Us together are referred to hereafter as “The Parties”.  

2. LICENSE, RIGHTS, PERMISSIONS, AND RESPONSIBILITIES 

Orchids was developed to provide you and your colleagues with an easy, fast, and collaborative place to let you create, coordinate, and stay in sync around your Fashion Products.  Before we explain your license and permissions, let us help you understand how Orchids is used. The following section explains a bit how you gain access, how many resources you have available, and who is controlling those (hint: it’s the admin).  

To access and use our Services, an account has either been set up by or for you.  Capabilities and resources are organized via the notion of an organization within Orchids (“Organization”), for which a single subscription on behalf of a legal entity has been activated (trial use included).   An Organization can correspond to a stand-alone business, or just to a division or department within a larger business which might have multiple, independent Orchids subscriptions.  

Any Organization with a valid subscription can issue as many accounts as reasonably needed to further the objectives of the Organization.  This can include accounts issued on behalf of Users from other Departments, Companies, and so on.  Each account must have a Username (in the form of any valid email address), and Password. Together, they constitute an account’s login credentials.

Every Organization within Orchids has two types of accounts:  Pro users and Collaborators, and a Pro user will take the role of Organization Admin.

Pro users are paid accounts and play a key role in the digital product creation process.  They include both managers and designers, specializing in 2D or 3D design, responsible for design reviews, presentations, and designing manufacturable products.  Pro users have access to premium features such as setting up products to be designed by others, creating product variants, managing library assets and creating product rules.  They typically provide the glue between stakeholders, such as customers, merchandising, marketing and manufacturing.

Collaborators provide input into the digital product creation process.  They come in all shapes and sizes ranging from customers to merchandising, marketing and manufacturing.  Collaborators are free, unlimited and are invited to Orchids by admins.  They have access to 3D models and Spaces in which they can provide feedback through commenting, designing via the Product Create tab and shared links. The terms “collaborator” and “user” are for historical reasons used interchangeably in Orchids and the documentation, and are for the sake of this document taken to mean exactly the same thing.

Organization Admins are responsible for keeping subscriptions current on behalf of a legal entity, and to increase or decrease the capacity of their subscription(s). 

Your License and Usage Rights

Until termination of this Agreement, and for as long as you meet any applicable obligations and comply with this Agreement, Embodee grants to you a limited, nonexclusive, nontransferable right and license to use the Services.

If you are an Organization Admin, you’re agreeing to this Agreement on behalf of the legal entity on whose behalf the subscription was set up for, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement.  Please read this Agreement extra carefully as it includes important information about your legal rights, and covers areas such as warranty disclaimers, limitations of liability, etc. 

When you login to use our Services, you provide us with files, content, messages, contacts, and so on (“Your Items”). Your Items are yours. These Terms don’t give us any rights to Your Items except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Items, backing it up, and sharing it when you ask us to. Our Services also provide you with features like commenting, sharing, searching, image thumbnails, document previews, sorting and organization, and various creation, collaboration and communication features to help get more work done, fast. To provide these and other features, our Services receive, store, and otherwise develop or process Your Items. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities

Help us keep Your Items protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Do not copy, upload, download, or share content unless you have the right to do so.

Similarly, do not upload materials that infringe someone else’s rights (like trademarks and copyrights) and do not upload files containing malware. 

Embodee may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content people post and share via the Services.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 if you reside in the United States, and 16 if you reside anywhere else. If the law where you reside requires that you must be older in order for Embodee to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.

Software

Some of our Services allow you to download client software (“Software”) which are meant for your use with the Services, and which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, non transferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Additional Features

From time to time, Embodee will add additional features to enhance the user experience of our storage service at no additional charge. However, these free features may be withdrawn without further notice.

Our Rights

Embodee will grant access to the Services.  You are only granted the right to use the Services and only for the purposes described by Embodee. Embodee reserves all other rights to the Services. The Services are protected by copyright, trade secret, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Embodee trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Embodee has no obligation to develop or provide any updates or revisions to the Service, and Embodee reserves the right to alter or adjust functionality and performance specifications for the Service as it deems necessary or desirable. At times it may be necessary to periodically bring the Services down for upgrades and service. 

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent

Embodee PR LLC

PO Box 13365

San Juan, PR 00908

copyright@embodee.com

3. TERMS OF SERVICE

Terms of Service

Please note that the Services are subject to your Organization’s control, and ensure that usage of your Orchids account is in compliance with your Organization’s terms and policies. Your administrators may be able to access, disclose, restrict, or remove information in or from your account. They may also be able to restrict or terminate your access to an Orchids account. 

Billing

Billing is dependent on service levels as provisioned by your Organization Admin. 

Cancellation

Cancellation can be requested any time up to 30 days prior to the end of the current billing period, but will only come into effect at the end of the current billing period for no credits given for remaining time. 

If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.  As an Organization Admin, you also can visit the admin page within Orchids that shows the quantity of provisioned Service Levels and associated levels.

Downgrades

Your Subscription’s Service Level may be downgraded at your request by sending a request to support@embodee.com no later than 30 days before your renewal date.

Cancellation

You may cancel your Orchids Paid Subscription at any time. Upon cancellation, the Services will remain available until the day of the then current Subscription period.  Refunds are generally not issued.

Unpaid Subscriptions

Your Subscription will remain in effect until it’s canceled or terminated under these Terms.  If you don’t pay for your Subscription on time, we will issue you a reminder, and if you don’t receive a payment as stipulated in the reminder, we reserve the right to suspend your account(s) and even remove your Organization’s data and User accounts entirely.

Changes

We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We’ll give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your Organization Admin account, and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.

Future Subscription Change

If you sign up for any Orchids subscription plan with an email address provisioned by your organization’s legal business entity, your organization may be able to block your use of Orchids until you transition to a different type of subscription subsequently sponsored by your organization, should they make such a request of Embodee,. 

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

• you’re in breach of these Terms,
• your use of the Services would cause a real risk of harm or loss to us or other users

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Items from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice or an opportunity to export Your Items before termination or suspension of access to the Services where:

• you’re in material breach of these Terms,
• doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
• we’re prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond Embodee’s control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Items from our systems (we will give you no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.  We are not in breach of this Agreement – or liable – should this need to occur.

Data Collection

The software may collect information about you and your use of the software, which will be accessible by Embodee. Embodee may use this information to provide services, provide troubleshooting and support services, and improve our products and services. For more information refer to our Privacy Policy.

Indemnification

Provider shall indemnify, defend, and hold harmless Embodee and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) that arise from or relate to any breach of this Agreement by You, or any errors or malfunctions in the Software. Provider shall have no liability for any claims, demands, losses, damages, judgments, settlements, costs, and expenses that arise from or relate to the unauthorized use of the Software, or from any third-party claims against Client related to the use of the Software.

4. DMCA POLICY 

We respect artist and content owner rights and we expect our users to do the same. It is our policy to respond to claims of infringement in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, please complete the following DMCA Notice and deliver it to our Designated DMCA Agent at the contact information provided below.

You must provide the following information in writing in your DMCA Notice:

1. Identify the copyrighted work that you claim has been infringed;
2. Identify the material that is claimed to be infringing and where it is located on the Service;
3. Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and, e-mail address;
4. Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
5. Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
6. Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner;

Deliver the DMCA Notice, with the above information completed, to our Designated DMCA Agent at:

DMCA Notice 

Embodee PR LLC

PO Box 13365

San Juan, PR 00908

With a PDF thereof sent to copyrightagent@embodee.com.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. SUPPORT SERVICES 

Help is available via the Help Center with the Orchids Platform.  The Services are provided “as is”.  Purchased support services are available from Embodee;  for more information, contact info@embodee.com.

6. OUR INTELLECTUAL PROPERTY

The Services are protected by various intellectual property laws. This section summarizes what we own and how we share.

Embodee owns the Services, which are protected by copyright, trademark and other US and foreign laws. This Agreement doesn’t grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services. We reserve all rights to the Services look and feel. Some parts of Service are licensed under third-party open source licenses. As for other parts of the Service, you may not copy or adapt any portion of our code or visual design elements without express written permission from Embodee unless otherwise permitted by law.liability

You agree that nothing contained in this Agreement shall be construed as granting any ownership rights to any part of the Service or Confidential Information disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right.  You shall not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from the Service.  

We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. You will not give feedback that is subject to a license that requires Embodee to license its software or documentation to third parties because we include your feedback anywhere. This Section does not limit or affect any rights you may have under applicable data protection laws.

7. OTHER

Services “AS IS”

We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, EMBODEE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.

Limitation of Liability

Embodee, its affiliates, suppliers or distributors won’t be liable for:

• any indirect, special, incidental, punitive, exemplary, or consequential damages, or
• any loss of use, data, business, or profits, regardless of legal theory.
• anything related to the software, services, content (including code) on third party Internet sites, or third party applications.
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted.
• any liability for Embodee’s or its affiliates’ fraud or fraudulent misrepresentation in providing the services.

Because Embodee’s Orchids is a product for business and B2B use only, and is licensed to legal entities only, consumer rights that can’t be waived or limited by any contract or agreement do not apply. These above exclusions or limitations will apply regardless of whether or not Embodee or any of its affiliates has been warned of the possibility of such damages.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RESALE PURPOSE, EMBODEE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. EMBODEE AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW, WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH EMBODEE. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.

Resolving Disputes

Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Embodee, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute at dispute-notice@embodee.com that includes your name, a detailed description of the dispute, and the relief you seek. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or Embodee may bring a formal proceeding. 

Judicial Forum for Disputes. 

You and Embodee agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of San Juan, PR, subject to the mandatory arbitration provisions below.  You agree that because Embodee’s Orchids is a product for business and B2B use only, and thus is licensed to legal entities only, any laws that give consumers the right to bring disputes in their local courts do not apply. These Terms are governed by Puerto Rico law, without reference to its conflict of laws provisions. You agree that any suit arising from the Services must take place in a court located in San Juan, Puerto Rico.

IF YOU’RE A U.S. ENTITY, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

The Parties Agree to Arbitrate. You and Embodee agree to resolve any claims relating to these Terms or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to the interpretation or application of this “Mandatory Arbitration Provisions” section, including its scope, enforceability, revocability, or validity. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.

Arbitration Procedures. 

You agree that arbitration shall be subject to the American Arbitration Association’s (AAA) Commercial Arbitration Rules and Mediation Procedures.  The AAA’s rules and procedures instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in a United States county of San Juan PR. 

Arbitration Fees and Incentives. 

The AAA rules will govern payment of all arbitration fees. Costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Embodee will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or brought for an improper purpose.

Exceptions to Agreement to Arbitrate. 

Embodee or you may assert claims, if they qualify, in small claims court in San Juan (PR) or any United States jurisdiction where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the courts in San Juan (PR) to resolve your claim.

NO CLASS OR REPRESENTATIVE ACTIONS. You may only resolve disputes with us on your behalf, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Severability

If any part of this “Mandatory Arbitration Provisions” section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this “Mandatory Arbitration Provisions” section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

Controlling Law

These Terms are governed by Puerto Rico law except for its conflicts of laws principles. However, if your country requires contracts to be governed by local law, then this paragraph doesn’t override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and Embodee with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms, except for any Non-Disclosure Agreement which may exist between Embodee and you. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

Waiver, Severability & Assignment

Embodee’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Embodee may assign its rights to any of its affiliates or subsidiaries, including Embodee Corp., or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

• changes to the law,
• new regulatory requirements, or
• improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

For questions about these or any Embodee terms or policies, email us at terms-questions@embodee.com.

______________________________________§§____________________________________

PRIVACY POLICY

Last updated: July 16th, 2023

This Privacy Policy explains how information about you is collected, used and disclosed by Embodee PR LLC and its affiliates (collectively, “Embodee”, “we”, “our”, or “us”). This Privacy Policy applies to information we collect when you use our website, and other products and services, including the Orchids℠ platform, (collectively, the “Services”) or when you otherwise interact with us.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the choices available to you.

COLLECTION OF INFORMATION

INFORMATION YOU PROVIDE TO US

We collect information you provide directly to us. For example, we collect information when you create an account, request customer support or otherwise communicate with us. The types of information we may collect include basic user information (such as your name, email address), company information, financial information (such as your payment card number, expiration date and security code) and any other information you choose to provide.

INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE THE SERVICES

When you access or use our Services, we automatically collect information about you, including:

Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed.

Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Your Choices” below.

USE OF INFORMATION

We use information about you,  as well as your use of our Services, in order to provide, maintain, and improve our Services. We may also use the information we collect to do the following:

• Send you technical notices, updates, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Communicate with you about products, services, offers, promotions, rewards, and events offered by Embodee and others, and provide news and information we think will be of interest to you;
• Monitor and analyze trends, usage and activities in connection with our Services;
• Track abandoned shopping carts and send email reminders to finish purchases;
• Personalize and improve the Services and provide content or features that match user profiles or interests;
• Process and deliver contest entries and rewards; 
• Carry out any other purpose described to you at the time the information was collected.

SHARING OF INFORMATION

We may share information about you as follows or as otherwise described in this Privacy Policy:

• With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
• In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
• If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Embodee or others;
• 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; and
• With your consent or at your direction.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

CONFIDENTIALITY OF YOUR PRODUCTS

We will not in any circumstance share your data with third parties without your express permission or without your requesting us to do so via email or in writing. We will not access your products or product lines, including for support purposes, without getting your consent to do so first. We will furthermore refrain from sharing any meta-information or discussing any details about any of your products, product lines or designs with any third parties without your prior emailed or written consent. 

In order to be able to respond to requests for training, support or customizations, we will always request confirmation by email before responding to ensure we always respect your confidentiality. 

SHARING FEATURES

The Services may offer sharing features and other integrated tools, which let you share actions you take on our Services with others Users, or media, and vice versa. The use of such features enables the sharing of information with your colleagues or the public, depending on the settings you establish and the type of sharing feature you use. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by Embodee and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices and www.networkadvertising.org/managing/opt_out.asp. Customers in the EU may visit www.youronlinechoices.eu.

SECURITY

Embodee takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

DATA RETENTION

We store the information we collect for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.

INTERNATIONAL DATA TRANSFERS

Embodee is based in Puerto Rico, a part of the United States of America.  The information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, storage and transfer of information in and to the United States and other countries where you may not have the same rights and protections as you do under local law.

YOUR CHOICES

ACCOUNT INFORMATION

You may update, correct or delete information about you at any time by logging into your account and editing your user profile or billing details. If you wish to delete your account, please email us at support@embodee.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

COOKIES

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

PROMOTIONAL COMMUNICATIONS

You may opt out of receiving promotional communications from Embodee by following the instructions in those communications. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

RESIDENTS OF THE EUROPEAN ECONOMIC AREA

If you are a resident of the European Economic Area (EEA) or the United Kingdom, you have certain additional rights and protections under the law regarding the processing of your personal data covered by the EU General Data Protection Regulation (GDPR).

Embodee would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request Embodee for copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that Embodee correct any information you believe is inaccurate. You also have the right to request Embodee to complete the information you believe is incomplete.

The right to erasure – You have the right to request that Embodee erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that Embodee restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to Embodee’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that Embodee transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: support@embodee.com 

LEGAL BASIS FOR PERSONAL DATA PROCESSING

To perform our responsibilities under our contract with you (e.g. processing payments for and providing the Services you have requested);

When we have a legitimate interest in processing your personal data (e.g. to communicate with you about changes to our Services, to advertise our Services, and to provide, secure, and improve our Services); or

To comply with our legal or regulatory obligations.

DATA SUBJECT REQUESTS

If you are a resident of the EEA or the United Kingdom, you have the right to access personal data we hold about you and to have certain personal data corrected or erased (see “RESIDENTS OF THE EUROPEAN ECONOMIC AREA” earlier in this privacy policy).. You may also have the right to restrict certain processing of your data.

To make any of these requests please email support@embodee.com. We will respond as soon as practicable and no later than one month after receipt of your request. We may request proof of identification to verify your request.

We may deny or restrict fulfillment of your request in some cases, such as when your access to data places another individual’s privacy rights at risk, or the continued processing of your data is necessary to comply with a legal obligation. If so, we will notify you of the reason(s) for this denial.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at terms-questions@embodee.com.  

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ACCEPTABLE USE POLICY

You agree NOT to do, or try to do, the following: 

(1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers (if any); 

(2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide; 

(3) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; 

(4) provide access to or give any part of the Services to any third party; 

(5) reproduce, modify, copy, deconstruct, sell, trade or resell the Services; or 

(6) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.

We may change, terminate, or restrict access to any aspect of the Service, at any time, without notice.

/End Of Service Agreement Terms/