Last updated January 1, 2019
When we say “Personal Data” we mean identifiable information about you, like your name, email, address, telephone number, payment information, support queries, community comments and so on. If you can’t be identified (for example, when Personal Data has been aggregated and anonymized) then this notice doesn’t apply.
Who are “We”?
When we refer to “we” (or “our” or “us”), that means NetworkJutsu LLC, a California limited liability company and its wholly-owned subsidiaries. Our headquarters are in the United States.
We provide a global cloud software platform for businesses along with consumer-facing apps to display and deliver information electronically.
For European Union data protection purposes, when we act as a controller in relation to your Personal Data, our Data Protection Officer is our representative and can be contacted by filling out our contact form.
How We Collect Information
Information You Provide to Us Directly
When you visit or use some parts of our websites and/or Services we might ask you to provide Personal Data to us. For example, we ask for your contact information when you request product information, respond to a job application or an email offer, participate in community forums, join us on social media, take part in training and events, contact us with questions or request support. If you don’t want to provide us with personal information, you don’t have to, but it might mean you can’t use some parts of our websites or Services.
Information We Collect Automatically
While you use our site and Services, we collect general information of the sort that web browsers, servers and network operators typically make available. These include things like your IP address and device type. We also collect information when you navigate through our websites and Services, including what pages you looked at and what links you clicked on. This information helps us troubleshoot problems, understand how you use our site, improve our products and Services, and help ensure that we continue to provide the best possible experience.
Information We Get From Third Parties
The majority of information we collect, we collect directly from you. Sometimes we might collect Personal Data about you from other sources, such as publicly available materials or trusted third parties like our marketing and research partners. We use this information to supplement the Personal Data we already hold about you, in order to better inform, personalize and improve our Services, and to validate the Personal Data you provide.
If we don’t collect your Personal Data, we may be unable to provide you with all our Services, and some functions and features on our websites may not be available to you.
Legal Basis for Processing Personal Information (EEA users only)
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.
How We Use the Information We Collect
carry out our obligations and to provide you with agreed products and Services;
- establish, maintain and administer your account;
- maintain, troubleshoot, and improve our site, platforms, apps, products, and Services;
- develop new products and Services;
- if your preferences permit, to provide you with recommendations and personalized products and Services;
- measure performance of our site, platforms, apps, products, and Services;
- secure and protect you, us, our site, platforms, apps, products, and Services, and the public;
- meeting our legal, regulatory, and tax reporting obligations;
- communicate with you about our site, platforms, apps, products, and Services—such as to notify of changes and updates, alert you to data or security breaches, and to provide you with customer support;
- with your explicit consent, to create or distribute promotional and marketing material that is relevant to you;
- for quality assurance and training purposes;
- in the case of non-personally identifiable information only—or personal information only with your explicit consent—to promote and market ourselves, our products and Services, and our websites (including any social media pages maintained or operated by us such as Facebook, Instagram, Twitter, YouTube etc); and
How We Share the Information We Collect
Personal information we collect stays within the NetworkJutsu family, other than in the following circumstances:
- when you give us explicit consent to share your data;
- when we share it with the greater NetworkJutsu family (i.e. with our affiliated and group companies);
- when we share it with our affiliates, partners, and other trusted organizations we work with to provide products and Services to you;
- when we share it with trusted external service providers and data processors such as data centres, web hosts, cloud storage and cloud software providers, customer support providers, payment processors, debt collectors, accountants, and insurers;
- when we share it with prospective sellers or buyers of our business or assets; or
- when we share it with regulators and other relevant parties for the purpose of legal or contractual compliance, reporting purposes, or when we believe in good faith that disclosure is reasonably necessary to protect our property or rights, or the rights of third parties or the public at large.
Children Under Eighteen
NetworkJutsu does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this website, our platforms or our apps.
It’s your Personal Data and you have certain rights relating to it. You may unsubscribe from our marketing communications by following the unsubscribe instructions located on the bottom of our emails or by filling out our contact form.
Right of Access
You have the right to:
- know what Personal Data we hold about you, and to make sure it’s correct and up to date
- request a copy of your Personal Data, or ask us to restrict processing your Personal Data or delete it
- object to our continued processing of your Personal Data
You can exercise these rights at any time by filling out our contact form and we will respond to your request within a reasonable period after the request is made.
We do not typically charge a fee for reasonable requests for access to your personal information. However, we may charge a reasonable fee, which will be notified to you before we move forward with the request, for time and cost if an extended amount of time is required to collate and prepare material for you.
If you’re not happy with how we are processing your Personal Data, please let us know by filling out our contact form. We will review and investigate your complaint, and try to get back to you within a reasonable time frame.
The length of time we keep your Personal Data depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with a service you’ve requested or to comply with applicable legal, tax or accounting requirements).
We’ll retain your Personal Data for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our data retention policies and practices. Following that period, we’ll make sure it’s deleted or anonymized.
International Transfer of Information
Security of your Personal Information
To secure your personal information from unauthorized access, use or disclosure, NetworkJutsu uses SSL encryption (HTTPS). When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of best effort encryption.
To make this site work properly, we sometimes place small data files called cookies on your device. Most big websites do this too. A cookie is a small text file that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.
- Strictly necessary cookies. These are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our site, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our site. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our site, the pages you have visited and the links you have followed. We will use this information to make our site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can control and/or delete cookies as you wish—for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.
Links to Third Party Websites
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS.
This section (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this section, those prohibited provisions will not apply to you. IF YOU LIVE IN THE EUROPEAN UNION, NONE OF THIS SECTION APPLIES TO YOU.
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at [insert email address]. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
Agreement to Arbitrate; Exceptions
If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD OR ACCESS THE SITE OR OUR SERVICES, YOUR USE OF THE SITE OR OUR SERVICES, ANY USER CONTENT, OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your account, stop using our service, or delete our application from your mobile device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
This section, however, does not apply to the following types of claims or disputes, which you or we may bring in court:
(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and
(2) claims for preliminary injunctive relief for violations of any other sections herein.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. Also, any of us can bring a claim in small claims court either in Alameda County, California or the county where you live, or some other place we both agree on, if such claims meet all the requirements to be brought in that court.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call the AAA at 1-800-778-7879.
Any arbitration under this section that is required to take place in person will take place pursuant to the Rules, which provide that face-to-face proceedings be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
If your claim is for US $25,000 or less, we agree to reimburse your filing fee promptly upon being notified of the filing, or pay it for you if you are unable to pay it and we receive a written request from you. Also, if your claim is for US $25,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or your costs are unreasonable as determined by the arbitrator. If you seek more than US $25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the Rules. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party, provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party’s claims (or counterclaims) are frivolous or the other party’s costs are unreasonable.
For EU Users
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of NetworkJutsu.
Class Action Waiver
For disputes arising between NetworkJutsu and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF NETWORKJUTSU SERVICES, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS.
If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then section shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.
Service of Process
To initiate arbitration or any legal proceeding against NetworkJutsu, you must serve initiating documents on NetworkJutsu’s registered agent for service of process at:
David Lizerbram & Associates
3180 University Avenue, Suite 260
San Diego, California 92104
Changes to This Section
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this section, you may reject any such change by filling out our contact form within 30 days of the change.
How to Contact Us
NetworkJutsu welcomes your questions or comments regarding this Statement of Privacy. If you believe that NetworkJutsu has not adhered to this Statement, please fill out our contact form.