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PRIVACY POLICY

Last updated: June 12, 2023

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ENGINEERSPEED LLC, 17811 Sky Park Cir, Irvine, CA 92614.

  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

  • Country refers to: California, United States

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Personal Data is any information that relates to an identified or identifiable individual.

  • Service refers to the Website.

  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

  • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Website refers to ENGINEERSPEED, accessible from www.engineerspeed.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

  • Google

  • Facebook

  • Twitter

  • LinkedIn

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.

  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. 

We use both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies

    Type: Session Cookies

    Administered by: Us

    Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

  • Cookies Policy / Notice Acceptance Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies

    Type: Persistent Cookies

    Administered by: Us

    Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

 

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.

  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.

  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.

  • For business transfers: We may share or transfer Your personal information 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.

  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

 

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation

  • Protect and defend the rights or property of the Company

  • Prevent or investigate possible wrongdoing in connection with the Service

  • Protect the personal safety of Users of the Service or the public

  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

 

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

CALIFORNIA, UNITED STATES OF AMERICA

The provisions in this Section are intended to fulfill the requirements of the California Consumer Privacy Act as amended by the California Privacy Rights Act and its implementing regulations ("CCPA") and shall apply to Users who are resident in California.

To the extent that any terms used in this Privacy Policy and this Section of the Additional Terms are defined in the CCPA, such definitions shall apply. The term "Personal Data" as used in this Privacy Policy and this Section of the Additional Terms shall include "Personal Information" as such term is defined in the CCPA.

The categories of Personal Data collected by ENGINEERSPEED in the last 12 months are described in Section 2 of the Privacy Policy and, for the purposes of the CCPA, correspond to the following categories of Personal Information listed in the CCPA:

How We Obtain It

Identifiers: first and last names, email address, home address, telephone number, where you have selected particular services or features on the Platform, social network information.

Directly from you or linked third party accounts.

Protected characteristics: age, gender, country of residence, medical conditions or requirements.

Directly from you and your devices.

Commercial information: information about your purchases of products and services from us or our third party partners who may provide or promote their own products or services through the Platform.

Our own accounting records and from third party partners who may provide or promote their own products or services through the Platform.

Biometric information: physical characteristics such as weight, height, and body measurements such as stride length and apparel size, and photographs identifying your facial features, and information related to
your pregnancy status to the extent you choose to enter these on the Platform.

Directly from you, if you choose to enter these on the Platform.

Internet or other similar network activity: information about your use of the Platform and your IP address, including information collected automatically through cookies (refer to ENGINEERSPEED's Cookie Policy for more information.

Directly from you and your devices.

Geo-location data: where the IP address of your computer or device is used to determine your geographic location so that we can customize your experience on the Platform (e.g. language settings).

Directly from you and your device(s).

Sensory Data: audio, electronic, visual, thermal, olfactory, or similar information (e.g., your photos and audio where you have selected particular services or features on the Platform).

Directly from you, where you have selected particular services or features on the Platform.

Inferences drawn from other Personal Data: dietary preferences, information you provide about yourself and any preferences in your User Account, communications with us or directed to us via letters, emails, chat services, calls, and social media, fitness activity data provided by you.

Who We Share It With

Identifiers

Third party social media platforms when you connect your User Account to your social media account or use social media plugins on our Platform; other companies, contractors or agents that assist us in providing services to you, including our online e-commerce platform that allows us to sell and deliver our products and services to you; third parties that provide legal services, customer services and information technology support; and credit and debit card companies including third party payment gateway providers.

Inferences drawn from other Personal Data

We may also disclose your Personal Data to government authorities, law enforcement bodies and regulators for compliance with legal requirements, or where otherwise required by applicable Data Privacy Law and to our legal and other professional advisers in order to enforce our legal rights in relation to our contract with you.

ENGINEERSPEED processes each category of your Personal Data described above for purposes described in Section 3 of the Privacy Policy. We will not process your Personal Data for purposes which are materially different, unrelated, or incompatible with the purposes set out in the Privacy Policy without providing you notice.

In the last 12 months, we have disclosed to third parties all of the categories of Personal Data listed in the table above for a business purpose.

 

“Sale” or "Sharing" of Data:

ENGINEERSPEED generally does not sell your Personal Information in the conventional sense (i.e., for money). Like many companies, however, we use services of third-party vendors and partners that help deliver interest-based ads to you. As part of this process, we may transfer Personal Information to those vendors and partners (like Facebook, Snap, or TikTok) for their use as they help us deliver interest-based ads. We and these vendors and partners may collect certain information, including information obtained with cookies and similar information stored on your browsers, advertising identifiers on your mobile devices, and/or the IP address of your devices when you visit our sites or use our app. Making Personal Information (such as online identifiers or browsing activity) available to these vendors and partners to use outside of ENGINEERSPEED'S direction may be considered as "selling" or "sharing" Personal Information under the CCPA. There are also instances where ENGINEERSPEED could be “selling” Personal Information under the CCPA, such as when ENGINEERSPEED engages in partnerships with other organizations to offer discounts for each other’s products and services to our users.

California Consumer Rights:

Users who are resident in California may have the following rights under the CCPA in addition to the rights set out in Section 6 of the Privacy Policy:

  • The Right to “Opt Out” 

You have the right to direct us to not sell your personal information at any time (the “right to opt-out”). As described above, ENGINEERSPEED doesn’t sell any of your information in the conventional sense. However, ENGINEERSPEED may provide information about you to third party advertising partners (like Facebook or TikTok), and this may constitute a “sale” under the CCPA. We will only use personal information provided in an opt-out request to review and comply with the request. Please email us to Opt-out.

  • The Right to “Opt In” 

If you change your mind about opting out of the “sale” of your data and would like ENGINEERSPEED to resume providing your information to these advertising partners, you may contact us at emmanuel.moody@gmail.com at any time. 

  • Access:
    Once we receive and confirm your verifiable consumer request, we will disclose the following to you:

    • the categories of your Personal Data and the specific Personal Data that we have collected;

    • the categories of sources from which your Personal Data was collected;

    • our business or commercial purpose for collecting your Personal Data; and the categories of third parties with whom we share your Personal Data, and where such third parties received your Personal Data from us for a business purpose, the categories of your Personal Data that we disclosed to such third parties.

    • Under the CCPA, you are only entitled to exercise the Personal Data access right twice a year.

  • Deletion:
    Once we receive and confirm your verifiable consumer request, we will (and will direct our service providers to whom we have disclosed your Personal Data to) delete your Personal Data unless an exception under the CCPA applies.
    The rights set out above do not apply to Personal Data collected from ENGINEERSPEED's employees as part of their employment with ENGINEERSPEED or Personal Data collected as part of a business-to-business transaction.
    To exercise any of the rights set out above, please contact the ENGINEERSPEED team using the contact details set in Section 11 of the Privacy Policy.
     Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. As set out in Section 6 of the Privacy Policy, we may need to request specific information from you to help us confirm that your request is a verifiable consumer request.

 

  • Anti-retaliation/Anti-discrimination:
    ENGINEERSPEED will not discriminate or retaliate against you if you exercise your rights under the CCPA.

 

  • Right to Limit Use and Disclosure of Sensitive Personal Information
    If you have disclosed sensitive personal information to ENGINEERSPEED, like the status of a pregnancy, you have the right, at any time, to direct ENGINEERSPEED to limit its use of your sensitive personal information to that use which is necessary to perform the services and access to the Platform. You may also request ENGINEERSPEED delete this information at any time
    To request that ENGINEERSPEED limit use and disclosure of your sensitive personal information, delete this information, or otherwise exercise control over ENGINEERSPEED'S use of this data, please contact us at emmanuel.moody@gmail.com.

  • Exercising your rights under the CCPA:
    Verification of your identity to respond to your request to know and delete
    To evaluate your request to know or delete, we may request additional information to verify your identity. We will only use the Personal Data you provide us in a request to verify the requestor's identity or authority to make the request.
    Please note that you may only make a consumer request to know or data portability request twice within a 12-month period.

  • Section 6 of the Privacy Policy is supplemented as follows:

    • Response Timing and Format of Our Responses

    • If we need to charge a fee for a request which is excessive, repetitive, or manifestly unfounded, we will explain why we made that determination and provide you with a cost estimate before completing your request.

    • We will reply to all requests within 30 days, or inform you in writing if additional time is required. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will send our written response by mail or electronically, at your option.
      If we cannot satisfy your request, we will also explain why in our response.

  • Authorized Agent

    • To verify that your authorized agent acts on your behalf, we will ask for this written permission from your agent or for the power of attorney. In case you provided your authorized agent with a written permission, we will require that you also verify your identity and we may also ask you to directly confirm with us that you provided the authorized agent permission to submit the request.

    • We will deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

    • deny you access to goods and/or services provided by us on the Platform;

    • charge you different prices or rates for the goods and/or services provided by us on the Platform, or imposing penalties on you;

    • provide you with a different level or quality of goods and/or services than otherwise generally provided by us on the Platform; or

    • suggest that you will receive a different price or rate for, or a different level or quality of, the goods and/or services generally provided by us on the Platform.

    • You may appoint an authorized agent to exercise any of your privacy rights on your behalf, if the authorized agent is a natural person or a business entity registered with the Secretary of State of California.
    • To appoint an authorized agent, you must also sign a written declaration giving the authorized agent permission to act on your behalf, or you can appoint such agent via a power of attorney pursuant to Probate Code sections 4000 to 4465.

  • We will not discriminate against you for exercising any of your rights under the CCPA. 

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