enemoscada privacy policy

Your privacy is important to us. Enemoscada LLC’s policy is to respect your privacy and comply with all applicable laws and regulations concerning any personal information we may collect about you, including through our App, Inclusib, and its associated services.

Personal information is any information that can be used to identify you. This includes information about you as an individual (such as name, address, and date of birth), your devices, payment details, and even information about how you use an online app or Service.

If our application contains links to third-party sites and services, please note that those sites and services have their privacy policies. After following a link to any third-party content, you should read the information posted from their privacy policy about how they collect and use personal data. This Privacy Policy does not apply to your activities after you leave our application.

This policy is effective November 27, 2022.

Last updated: November 27, 2022

Acceptable Use Policy of enemoscada

This Acceptable Use Policy covers the products, services, and technologies (collectively, the «Products») provided by enemoscada under any ongoing agreement. It is designed to protect us, our customers, and the broader Internet community from illegal, irresponsible, and unethical activities.

enemoscada customers found to be engaged in activities prohibited by this Acceptable Use Policy may be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

This policy was last revised on November 27, 2022.

Fair use

We provide our infrastructure, assuming its use will be «normal and usual,» according to our offer program. If your usage is deemed excessive, you may be charged additional fees, or your capacity may be restricted.

We oppose all forms of abuse, discrimination, violation of rights, and any act that harms or harms any group, individual, or resource. We expect our customers and, if applicable, our customers’ users («end users») to also use our Products with similar intent.

Customer Responsibility

We hold our customers responsible for their actions and the acts of anyone using our Products without the customer’s permission. This liability also applies to anyone who uses our Products unauthorizedly due to the customer’s failure to implement reasonable security measures.

By accepting our Products, our customers agree to ensure compliance with this policy on behalf of anyone using the Products as their end user. Complaints regarding the acts of customers or their end users will be forwarded to the contact designated for the account.

Suppose a customer — or their end user or anyone using our Products as a result of the customer — violates our acceptable use policy. In that case, we reserve the right to terminate any Product associated with the offending account or account itself or to take any corrective or preventive action we deem appropriate without notice. To the extent permitted by law, no refunds will be made for service interruptions caused by any violation of our acceptable use policy.

Prohibited activity

Copyright Infringement and Access to Unauthorized Material

Our Products must not be used to transmit, distribute or store any material that violates applicable law. This includes, but is not limited to:

1. Any material protected by copyright, trademark, trade secret, or other intellectual property rights used without proper authorization, and
2. Any obscene, defamatory material constitutes an illegal threat or violates export control laws.

You are solely responsible for all material you contribute, upload, broadcast, transmit, create or post through or on our Products and for obtaining legal permission to use any work included in such material.

SPAM and sending unauthorized messages

Our Products must not be used to send unsolicited bulk or commercial messages violating the laws and regulations applicable to your jurisdiction («spam»). This includes, but is not limited to, sending spam, cold selling to customers via spam sent by other service providers, and collecting responses to spam sent by other service providers.

Our Products must not be used to manage unconfirmed subscription mailing lists or phone number lists («messaging lists»). This includes, but is not limited to, adding email addresses or telephone numbers to any mailing list without the permission of the owner of the email address or telephone number and storing the email addresses or phone numbers subscribed in this way. All messaging lists managed or hosted on our Products must have a «confirmed subscription.» Verification of the express permission of the address holder or phone number must be available for the lifetime of the mailing list.

We prohibit using email address lists, phone number lists, or databases purchased from third parties for spam purposes or unconfirmed subscription messaging lists on our Products.

This unauthorized messaging and spam activity policy applies to messages sent using our Products or to messages sent from any network by you or anyone else on behalf of the customer, which directly or indirectly refers the recipient to a site hosted through our Products.

Unethical, exploitative, and malicious activity

Our Products must not be used for advertising, transmitting, or otherwise making available any software, program, product, or Service designed to violate this acceptable use policy or the fair use policy of other service providers. This includes, but is not limited to, facilitating the means to send spam and initiating network spying, pings, IP spoofing, flooding, mail bombing, and denial of service attacks.

Our Products must not be used to access any account or electronic resource when the group or individual attempting to gain access is not the owner or authorized to access the resource (e.g., «hacking,» «cracking,» «wiretapping,» etc.).

Our Products must not be used to intentionally or recklessly introduce viruses or malicious code into our Products and systems.

Our Products must not be used to deliberately engage in activities designed to harass another group or individual. Our definition of harassment includes, but is not limited to, denial-of-service attacks, hate speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, mistreat, violate the rights of, or discriminate against any group or individual.

Other activities considered unethical, exploitative, and malicious include:

1. Obtain (or attempt to obtain) our services with the intent to avoid payment;
2. Use our infrastructure to get (or try to bring) services from another provider to avoid cost;
3. Unauthorized access, alteration, or destruction (or any attempt to do so) of any information about our customers or end users by any means or device;
4. Use our infrastructure to interfere with the use of our infrastructure and network by other customers or authorized persons;
5. Post or transmit any linked content that incites violence, depicts a violent act, depicts child pornography, or threatens the health and safety of any person;
6. Any act or omission that violates consumer protection laws and regulations;
7. Any violation of a person’s privacy.

Our Products may not be used by any person or entity that is involved or suspected to be involved in activities or causes related to illegal gambling; terrorism; drug trafficking; trafficking in firearms or proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction or missiles; in each case, including any affiliation with others who support in any way the activities or causes mentioned above.

Unauthorized Use of Enemoscada Property

We prohibit impersonation, representation of a significant business relationship with enemoscada, or ownership of any enemoscada membership (including our Products and brand) to fraudulently obtain services, clientele, sponsorships, or users’ trust.

About this policy

This policy describes a non-exclusive list of activities and intentions that we consider unacceptable and incompatible with our brand.

We reserve the right to modify this policy at any time by posting the revised version on our website. The revised version will take effect from whichever comes first:

• The date on which the customer uses our Products after we publish the revised version on our website; or
• Thirty days after, we posted the revised version on our website.

Information We Collect

The information we collect falls into two categories: «voluntarily provided» data and «automatically collected» information.

«Voluntarily provided» information refers to any information you knowingly and actively provide when using our application and its associated services.

«Automatically collected» information means any information automatically sent by your device during your access to our application and its associated services.

Registration data

When you access our servers through our App, we may automatically record the standard data provided by your device. This may include your device’s Internet Protocol (IP) address, the type, and version of your device, your in-app activity, time and date, and other details about your usage.

In addition, when you encounter specific errors while using the App, we automatically collect data about the error and the circumstances surrounding the issue. This data may include technical details about your device, what you tried to do when the error occurred, and other technical information related to the problem. You may or may not be notified of such errors, even when they occur, informing you that they have arisen or of the nature of the error.

Please note that while this information may not personally identify you, it may be possible to combine it with other data to identify individuals personally.

Device data

Our App may access and collect data through your device’s built-in tools, such as:

• Location data
• Camera
• Microphone
• Contacts
• Notifications
• Refresh data in the background

When you install the App or use your device’s tools within the App, we request permission to access this information. The specific data we collect may depend on your device’s settings and the permissions you grant when you install and use the App.

Personal Information

We may request personal information — for example, when you submit content to us or when you contact us — which may include one or more of the following:

• Name
• Email
• Social Media Profiles
• Date of birth
• Landline/mobile phone number

User-generated content

We consider «user-generated content» to include materials (text, images, and video content) voluntarily provided by our users to be posted on our platform, website, or republished on our social media channels. All user-generated content is linked to the account, or email address used to submit the materials.

Please note that any content you submit for publication will be public after publication (and its subsequent review or evaluation process). Once posted, it may be accessible to third parties not covered by this Privacy Policy.

Legitimate reasons for processing your personal information

We only collect and use your data for legitimate reasons. In this case, we only collect personal information that is reasonably necessary to provide you with our services.

Information Collection and Use

We may collect personal information provided by you when you perform any of the following actions on our website:

• Sign up for an account
• Use a mobile device or web browser to access our content
• Contact us via email, social media, or any similar technology
• When you mention us on social networks

We may collect, retain, use, and disclose information for the following purposes, and personal information will not be further processed in any manner that is incompatible with these purposes:

• provide you with the core features and services of our App and Platform
• allow you to tailor or personalize your experience on our website
• deliver products and services to you
• allow you to access and use our App, partner platforms, and associated social media channels

We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, suppose you consent to us accessing your social media profiles. In that case, we may combine the information extracted from those profiles with the information provided by you directly to provide you with an enhanced experience of our App and services.

Security of your personal information

When we collect and process personal information while retaining it, we will protect it by using commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

Although we will do our best to protect the personal information you provide to us, we inform you that no method of electronic transmission or storage is 100% secure; no one can guarantee the absolute security of the data.

You are responsible for selecting the password and its overall security level, on which the security of your information within the limits of our services will depend. For example, you’ll need to ensure that passwords associated with access to your personal information and accounts are secure and confidential.

How long we keep your personal information

We retain your personal information only for as long as necessary. This period may depend on what we use your data for by this Privacy Policy. For example, if you have provided us with personal information as part of creating an account, we may retain this information for as long as your account exists in our system. If your personal information is no longer needed for this purpose, we will delete it or anonymize it by deleting all details that identify you.

However, we may retain your personal information if we need it to comply with a legal, accounting, or reporting obligation, for archiving in the public interest, scientific or historical research, or for statistical purposes.

Children’s Privacy

None of our products and services are directly directed to children under the age of 13, and we do not knowingly collect personal information about children under 13.

Disclosure of Personal Information to Third Parties

We may disclose personal information to:

• A parent, subsidiary, or affiliate of our company
• third-party service providers to enable them to provide their services, including (but not limited to) IT service providers, data storage providers, hosting and server providers, error loggers, debt collectors, maintenance or troubleshooting providers, professional advisors, and payment system operators
• Our employees, contractors, and related entities
• our existing or potential agents or business partners
• credit reporting agencies, courts, tribunals, and regulatory authorities, if you fail to pay for goods or services we have provided to you
• courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any current or future judicial proceedings or to establish, exercise, or defend our legal rights
• third parties, including agents or subcontractors, who help us provide you with information, products, services, or direct marketing
• third parties to collect and process data
• an entity that buys or to which we transfer all or substantially all of our assets and businesses

The third parties we currently use include:

International Transfers of Personal Information

The personal information we collect is stored and processed in the United States, where our partners, affiliates, and third-party providers maintain infrastructure.

The countries where we store, process, or transfer your personal information may not have the same data protection laws as those where you initially provided the information. If we transfer your personal information to third parties in other countries: (i) we will make those transfers by the requirements of applicable law, and (ii) protect personal information transferred by this Privacy Policy.

Your rights and control of your personal information

Your Choice: By providing us with personal information, you understand that we will collect, retain, use and disclose your data through this Privacy Policy. You are not required to provide us with personal data; however, failure to do so may affect your use of our App or the products and services offered on or through our App.

Third-Party Information: If we receive personal information about you from a third party, we will protect it as outlined in this Privacy Policy. If you are a third party providing personal information about another person, you represent and warrant that you have that person’s consent to provide us with their data.

Marketing Permission: If you have previously agreed to us using your personal information for direct marketing purposes, you can change your mind at any time by contacting us using the details below.

Access: You can request details of the personal information we hold about you.

Correction: If you believe the information we hold about you is outdated, incomplete, irrelevant, or misleading, please get in touch with us using the details in this Privacy Policy. We will take reasonable steps to correct any information believed to be inaccurate, incomplete, misleading, or outdated.

Non-discrimination: We will not discriminate against you for exercising your rights over your personal information. Unless your personal information is necessary to provide you with a particular service or offer (for example, to deliver specific content to your device), we will not deny you goods or services or charge you different prices or fees for goods or services, including by granting discounts or other benefits, or imposing penalties, nor will we provide you with a different standard or quality of goods or services.

Downloading Personal Information: We provide a means to download the personal information you have shared through our App. For more information, please get in touch with us.

Data Breach Notification: We will comply with applicable laws concerning any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to complain, please get in touch with us using the details below and provide full details of the alleged breach. We will investigate your complaint promptly and respond to you in writing, setting out the outcome of our investigation and the steps we will take to address your complaint. You also have the right to contact a regulatory body or data protection authority regarding your complaint.

Unsubscribe: To unsubscribe from our email database or stop receiving communications (including marketing communications), please get in touch with us using the details in this Privacy Policy, or unsubscribe using the opt-out features included in the communication. We may need to ask you for specific information to help us confirm your identity.

Use of cookies

Our Privacy Policy covers cookies between your device and our servers. A cookie is a small piece of information that an application can store on your device and that usually contains a unique identifier that allows the application’s servers to recognize your device when you use the application; information about your account, session, and device; additional data that serves to fulfill the function of the cookie and any self-maintenance details on the cookie itself.

We use cookies to allow your device to access the core features of our App, track app usage and performance on your device, tailor your app experience to your preferences, and deliver advertising on your device. Any communication of cookie data between your device and our servers occurs in a secure environment.

Please see our Cookie Policy for more information.

Business Transfers

If we or our assets are acquired, or in the unlikely event that we cease business or go bankrupt, we will include data, including your personal information, among the assets transferred to the party you acquire from us. You agree that such transfers may occur and that any party who acquires us may, to the extent permitted by applicable law, continue to use your personal information by this policy, which you must assume as a basis for exercising any ownership or use rights we have over such information.

Limits of our policy

Our application may have links to external sites that we do not operate. Please note that we have no control over the content and policies of those sites and cannot accept any responsibility or liability for their respective privacy practices.

Changes to this Policy

We may change our Privacy Policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes at our discretion. If we decide to change this Privacy Policy, we will post the changes here and on our website.

Suppose the changes are significant or required by applicable law. In that case, we will contact you (based on your selected preferences for our communications) and all of our registered users with new details and links to the updated or modified policy.

If required by law, we will obtain your permission or allow you to opt-in or opt-out, as applicable, of any new use of your personal information.

Additional Disclosures for General Data Protection Regulation (GDPR) compliance (EU)

Data Controller / Data Processor

The GDPR distinguishes between organizations that process personal information for their purposes (known as «data controllers») and organizations that process personal information on behalf of other organizations (known as «data processors»). We, enemoscada, located at the address indicated in our Contact section, are a Data Controller and Processor concerning the personal information you provide.

Legal bases for processing your personal information

We will only collect and use your personal information where we have a legitimate right. Suppose we need your consent to process your data, and you are under 16. In that case, we will seek your parent’s or legal guardian’s consent to process your personal information for that specific purpose. In this case, we will collect and use your personal information legally, reasonably, and transparently.

Our legal bases depend on your services and how you use them. This means that we only collect and use your information for the following reasons:

You give consent

When you give us your consent to collect and use your personal information for a specific purpose, you can withdraw your consent at any time using the features we offer; However, this will not affect the use of your information that has already been made. When you contact us, you can consent to your name and email address to be used so that we can respond to your inquiry. While you may request that we delete your contact details at any time, we cannot remove any email we have already sent. If you have further questions about withdrawing your consent, please do not hesitate to contact us using the details in Contact Us in this Privacy Policy.

Performance of a contract or transaction

When you have entered into a contract or transaction with us, or to take preparatory steps before we enter into a contract or deal with you. For example, we need technical information about your device to provide the essential functions of our application.

Our legitimate interests

Where we believe it is necessary for our legitimate interests, for example, for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests. For example, we collect technical information about your device to enhance and personalize your experience with our App.

Compliance with the law

Sometimes, we may have a legal obligation to use or retain your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any questions about how we retain personal information to comply with the law, please do not hesitate to contact us using the details in Contact Us in this Privacy Policy.

International transfers outside the European Economic Area (EEA)

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA is protected by appropriate safeguards, for example, through the use of standard data protection clauses approved by the European Commission or the use of binding corporate rules or other legally accepted means.

Your rights and control of your personal information

Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information, (ii) believe that your personal information has been unlawfully processed, (iii) you need us to retain personal information solely for legal action; or (iv) we are in the process of considering your objection about processing based on legitimate interests.

Object to processing: You have the right to object to processing your personal information based on your legitimate interests or the public interest. If this is done, we must provide compelling legitimate grounds for processing that override your interests, rights, and freedoms to continue processing your personal information.

Data Portability: You may have the right to request a copy of the personal information we hold about you. We will provide this information in CSV or another easily machine-readable format. You may also have the right to request that we transfer this personal information to a third party.

Deletion: You may have the right to request that we delete the personal information we hold about you at any time. There may be exceptions to this right for specific legal reasons, which, if applicable, we will set out to you in response to your request. We will take reasonable steps to delete your personal information from our current records. If you ask us to delete your data, we will let you know how the deletion affects your use of our App, website, or products and services. , If you terminate or delete your account, we will delete your personal information within five days of deleting your account. Please note that search engines and similar third parties may still retain copies of your data that has been made public at least once, such as certain profile information and general comments, even after you have deleted information from our services or deactivated your account.

Additional Disclosures for Compliance in California, U.S.

Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is primarily for personal, family, or household purposes, you may ask us about the information we disclose to other organizations for marketing purposes.

To make such a request, please get in touch with us using the information in this Privacy Policy with «California Privacy Information Request» in the subject line. You can make this type of request once per calendar year. We will email you a list of categories of personal information we have disclosed to other organizations for marketing purposes in the last calendar year, along with their names and addresses. Not all personal data shared in this manner is covered by California Civil Code Section 1798.83.

Do Not Track

Some browsers have a «Do Not Track» feature that allows you to tell websites that you do not want your online activities tracked. We do not respond to browser «Do Not Track» signals.

We comply with the standards described in this Privacy Policy and ensure that we collect and process personal information in a lawful, fair, transparent manner and with legitimate legal reasons to do so.

Cookies and pixels

You can refuse cookies from our site anytime if your browser allows it. Most browsers allow you to activate your browser settings to reject the setting of all or some cookies. Consequently, your ability to limit cookies is based solely on the capabilities of your browser. Please see Cookies in this Privacy Policy for more information.

Economic incentives allowed by the CCPA (California Consumer Privacy Act)

Consistent with your right to non-discrimination, we may offer you specific financial incentives permitted by the CCPA that may result in different prices, rates, or quality levels in the goods or services we offer.

Any CCPA-permitted financial incentives we offer you will be reasonably related to the value of your personal information. We will provide you with written terms that clearly describe the nature of such an offering. Participation in a financial incentive program requires prior consent, which you can revoke at any time.

California Collection Notification

In the past 12 months, we have collected the following categories of personal information listed in the California Consumer Privacy Act:

• Demographic data, such as your age or gender. This category includes data that can fall into protected classifications under other federal or California laws.
• Visual or audio data, such as photos or videos you share with us or post to the Service.
• Geo-location data.

For more information about the information we collect, including the sources we receive, please see «Information We Collect.» We collect and use these categories of personal data for the business purposes described in the «Information Collection and Use» section to provide and administer our Service.

Right to know and erasure

If you are a California resident, you have the right to delete the personal information we collect about you and to learn certain information about our data practices in the preceding 12 months. In particular, you have the right to ask us to:

• The categories of personal information we have collected about you;
• The types of sources from which the personal data has been collected;
• The types of personal information about you that we have sold or disclosed for marketing purposes;
• The types of third parties to whom the personal data has been sold or disclosed for marketing purposes;
• The commercial or business purpose for collecting or selling the personal data; and
• The specific personal information we have collected about you.

Please get in touch with us using the details in this Privacy Policy to exercise any of these rights.

«Shine the Light» Law

Suppose you are a California resident, in addition to the abovementioned rights. In that case, you have the right to request information from us about how we share specific personal data, as defined in California’s «Shine the Light» law, with third parties and affiliates for their direct marketing purposes.

Please send us a request using the contact details indicated in this Privacy Policy to receive this information. Submissions must include «California Privacy Rights Request» in the first line of the description and include your name, address, city, state, and zip code.

Contact

For any doubts or questions regarding your privacy, you can contact us using the following data:

Carlos Caceres
hi@inclusib.app