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Last Updated: June 1st, 2018
If you have any questions about our privacy practices, please contact us.
COLLECTION OF PERSONAL INFORMATION
We may collect Personal Information, including Sensitive Data, and other information from you as part of using Draftbit. “Personal Information” means individually identifiable information that would allow us to potentially determine the actual identity of, and contact information of, a specific living person.
Information You Provide
You may be asked to provide Personal Information when you create an Draftbit account and when you contact or interact with our Service. For example, in order to register as a user with Draftbit, you will be asked to verify your mobile phone number. In connection with Draftbit, you may be asked to connect to 3rd party services (such as Google, Facebook, Twitter, etc), sharing profile, contacts, calendar, or email related information. We may also collect your geolocation information with your consent.
Sensitive Data includes information, notes, or content (e.g. photographs, video, profile) that you optionally provide that may reveal attributes about your personality, ethnicity, nationality, or other attributes. By providing Sensitive Data to us, you consent to the collection, use and disclosure of Sensitive Data as permitted by applicable privacy laws.
Information Collected Automatically or from Third Parties
We utilize various technologies, such as “cookies”, device IDs, advertising IDs, pixel tags and web beacons on our website and in our applications at Draftbit, and in email messages, advertisements, or other communications. These technologies help improve the user experience – for example by keeping a user logged in and remembering their username or other information between sessions.
Further, we may collect information automatically through the use of our Service, and may utilize third-party providers of data to provide us with additional Personal Information about you or your usage of our Service. We do this only to improve your experience.
By using the Service, you are authorizing us to gather, parse and retain Personal Information and Sensitive Data related to the providing our Service. When you provide, or when we collect, personal information through our Service, the information may be sent to servers located in the United States and countries around the world.
USE OF PERSONAL INFORMATION
We may use information that we collect about you to:
For the sake of clarity, because we think Privacy is critically important:
We will never sell your Personal Information to 3rd party companies. We may share limited amounts of your Personal Information with 3rd parties, but only in a manner consistent with the Third Party Disclosures in this Policy.We may use your Personal Information in connection with retrieving additional data about you from Third Parties. For example, we may use your email address to retrieve (from a Third Party) a list of your social media accounts or biographical information about you.We may share limited amounts of your Personal Information with other users of Draftbit, in connection with their use of the Service, just as we may show limited amounts of others Personal Information to you. This limited information may include, but is not limited to, your name, photo, and biographical information.We may occasionally use Personal Information to send you important notices such as software updates or notices related to your purchased and billing status, changes to this or other policies, or significant changes to our products or services. Because this information is critical in nature, you may not be able to opt-out of receiving these notices while you maintain an account with Draftbit.
AGGREGATED AND/OR NON-PERSONAL INFORMATION
We may use and share non-personal information we collect under any of the above circumstances. We may combine non-personal information we collect with additional non-personal information collected from other sources.
We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis, advertising, marketing, or other business purposes. Aggregated data is considered Non-Personal information and is not used to identify a person.
For example, we may engage a data provider who may collect log data from you (including IP address and information about your browser or operating system), or we may employ multiple third-party analytics or data analysis tools to better understand how users engage with Draftbit, and to help us improve the Service.
To opt out of the sharing of your non-personal information, including geolocation information, please discontinue use of the Draftbit application.
COLLECTION AND USE OF DATA FROM CONNECTED SERVICES
As part of using Draftbit, you may authorize our servers to connect to a number of third-party or device-specific Connected Services, such as calendars, email accounts, social media accounts, and other services or data repositories. By connecting these accounts, you authorize us to retrieve data such as calendar events, email metadata, friends, followers, profile data, and other data that these services allow us access to, on your behalf. We collect this data to provide you a better experience using Draftbit.
You can remove the Connected Services data Draftbit stores at anytime from within Settings in the Draftbit app. Doing so may limit the functionality of Draftbit.
THIRD PARTY DISCLOSURES
At times we may make certain Personal Information available to strategic partners and service providers solely for the purpose of assisting us in providing, enhancing or marketing Draftbit. For example, we may use third parties to process credit card and payment information in accordance with PCI compliance security guidelines.
Legal Requirements & Policy Enforcement
We may be legally compelled – due to law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − to disclose your Personal Information, Non-Personal Information, Email Accounts and Private Email Messages. We will only disclose information about you if we determine it is necessary or appropriately required by law related to a clear purpose of national security, law enforcement, or other issues of public importance. Unless legally restricted from doing so, we will attempt to notify you of any disclosure of your Personal Information we are legally-compelled to make.
We may also disclose information about you if we determine that disclosure is reasonably necessary to ensure compliance with our service terms, or to protect our operations or our other users.
In the event of a reorganization, merger, sale or change of ownership we may transfer any and all information, including Personal Information we collect, to the new owner.
ACCESSING AND CORRECTING YOUR INFORMATION
If you have an Draftbit account, you have the ability to review and update your personal information within the Service by opening your account and going to settings. Applicable privacy laws may allow you the right to access and/or request the correction of errors or omissions in your personal information that is in our custody or under our control. Our team will assist you with the access request. This includes:
Identification of personal information under our custody or control; and
Information about how personal information under our control may be or has been used by us.
We will respond to requests as quickly as possible and within the time allowed by all applicable privacy laws, and will make every effort to respond as accurately and completely as possible.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We take security seriously, and are employing measures to help safeguard your personal information from unauthorized access and disclosure. We take industry standard precautions including using Secure Sockets Layer (SSL), encryption, and OAuth for Connected Services where possible.
However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, chats, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Should an illegal attack or breach occur, we will notify you in accordance with local law and we will supply the appropriate authorities with available information on the third party in the event the attack comes under prosecution.
Further, it is your responsibility to keep any authentication methods, passwords, or tokens used with Draftbit private and secure. We strongly recommend against sharing your logins and passwords with others.
Although our Service is a general audience Service, we restrict the use of our service to individuals age 18 and above. We do not knowingly collect, maintain, or use personal information from children under the age of 18. If we become aware that a person under the age of 18 has provided us with information, we will take actions to delete such information.
ONWARD TRANSFER AND CONSENT TO INTERNATIONAL PROCESSING
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal data, including sensitive data, by Draftbit from your region to countries which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area, including the United States. By providing your personal information, you consent to any transfer and processing in accordance with this Policy.
EU-U.S. PRIVACY SHIELD AND SWISS-U.S. PRIVACY SHIELD
When transferring data from the European Union, the European Economic Area, and Switzerland, Preposterous relies upon a variety of legal mechanisms, including contracts with our users. Preposterous complies with the EU-U.S. and Swiss–U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the European Economic Area, and Switzerland to the United States. You can find Preposterous's Privacy Shield certification here. You can also learn more about Privacy Shield on its website.
Preposterous is subject to oversight by the U.S. Federal Trade Commission. JAMS is the US-based independent organization responsible for reviewing and resolving complaints about our Privacy Shield compliance — free of charge to you. We ask that you first submit any such complaints directly to us via email@example.com. If you aren't satisfied with our response, please contact JAMS. In the event your concern still isn't addressed by JAMS, you may be entitled to a binding arbitration under Privacy Shield and its principles.
Within the scope of our authorization to do so, and in accordance with our commitments under the Privacy Shield, Preposterous will provide individuals access to personal data about them. Preposterous also will take reasonable steps to enable individuals to correct, amend, or delete personal data that is demonstrated to be inaccurate.
Preposterous is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Preposterous complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
NO RIGHTS OF THIRD PARTIES
HOW TO CONTACT US
Draftbit / Preposterous Inc.
301 W Grand Ave, Ste 160
Chicago, IL 60654
Last Updated: June 1st, 2018
Welcome to Draftbit, operated by Preposterous, Inc. (“us,” “we,” the “Company” or “Draftbit”).
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on draftbit.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
You must be at least 18 years of age to create an account on Draftbit and use the Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with Draftbit,you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
3. Your Account.
4. Modifying the Services and Termination.
Draftbit is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play). Draftbit may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Draftbit: Section 4, Section 5, and Sections 10 through 17.
5. Rights Draftbit Grants You.
Draftbit grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by Draftbit and permitted by this Agreement. Therefore, you agree not to:
use the Service or any content contained in the Service for any commercial purposes without our written consent.copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Draftbit’s prior written consent.express or imply that any statements you make are endorsed by Draftbit.use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.upload viruses or other malicious code or otherwise compromise the security of the Services.forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
“frame” or “mirror” any part of the Service without Draftbit’s prior written authorization.use meta tags or code or other devices containing any reference to Draftbit or the Service (or any trademark, trade name, service mark, logo or slogan of Draftbit) to direct any person to any other website for any purpose.modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.use, access, or publish the Draftbit application programming interface without our written consent.probe, scan or test the vulnerability of our Services or any system or network.encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
6. Rights you Grant Draftbit.
By creating an account, you grant to Draftbit a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from your Connected Services, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Draftbit users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Draftbit above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
By submitting suggestions or feedback to Draftbit regarding our Services, you agree that Draftbit may use and share such feedback for any purpose without compensating you.
You agree that Draftbit may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
7. Community Rules.
By using the Services, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.spam, solicit money from or defraud any users.impersonate any person or entity or post any images of another person without his or her permission.bully, “stalk,” intimidate, harass or defame any person.post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account.create another account if we have already terminated your account, unless you have our permission.
Draftbit reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that Draftbit regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
8. Other Users’ Content.
Although Draftbit reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Draftbit cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via firstname.lastname@example.org
9. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;a description of the copyrighted work that you claim has been infringed;a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);your contact information, including address, telephone number and email address;a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; anda statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at email@example.com or the following address:
c/o Preposterous Inc
301 W Grand Ave Ste160
Chicago, IL 60654
Draftbit will terminate the accounts of repeat infringers.
DRAFTBIT PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DRAFTBIT DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
DRAFTBIT TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
11. Third Party Services.
The Service may contain links, references, advertisements and promotions offered by third parties and links to other web sites or resources. Draftbit is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Draftbit is not responsible or liable for such third parties’ terms or actions.
12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRAFTBIT, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF DRAFTBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DRAFTBIT’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO DRAFTBIT FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
13. Arbitration, Class-Action Waiver, and Jury Waiver.
Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
2. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
4. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Illinois without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
5. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Draftbit does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
14. Governing Law.
For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Illinois, U.S.A., excluding Illinois’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of Illinois governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Cook County, Illinois, U.S.A., and you and Draftbit consent to personal jurisdiction in those courts.
16. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Draftbit, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.
17. Entire Agreement; Other.