TERMS OF SERVICE

OVERVIEW
Use Policy

In this policy, below, we explain what an acceptable use of our Services looks like. We cover dos an don’ts to protect you, other Users and Red Plum Digital.

Cookie Policy

We explain what cookies we use and why.

Terms and Conditions

In our Terms and Conditions, below, we review your rights and our rights in regards to our Services. We encourage you to carefully review each section to fully understand what you are agreeing to when you use our Services.

Privacy Policy

We explain what data we collect, why and more.

Use Policy

Last updated: March 13, 2019

We want people to be in control of their marketing and their future. We help by providing great services folx can use to promote themselves, their brands and products. Therefore, we expect our Users to use our platform responsibly. As a Red Plum Digital User you agree not to misuse the Services or help anyone else do so. If you use our Services, you agree to the guidelines below. If we find that you or someone using your Account breaks these guidelines, we may discontinue Services for your Account without liability, notice or refunds.

You can report violations to us directly by contacting us here.

This Use Policy lists examples of conduct that is not allowed when using our Services.

Please note, any capitalized terms which are not defined in this Use Policy have official meanings in our Terms of Service. If you have any comments or questions about this Use Policy, feel free to contact us.

1. Abusing The Services

1. Abusing Services

Don’t probe, scan or test the vulnerability of any system or network.

Respect me security measures.

Don’t breach or otherwise bypass any security or authentication measures.

Don’t access, tamper with or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to access.

Don’t interfere with or disrupt any user, host or network.

Don’t distribute viruses or malware of any kind.

Don’t flood or mail-bomb anyone or any part of the Services.

Don’t deconstruct or reverse engineer any part of the Services in an effort to access things such as source code or algorithms.

Don’t access, search or create accounts for the Services by any means other than our publicly supported interfaces.

Don’t scrape, spider or crawl any part of the Services.

Don’t impose an unreasonable load on our infrastructure or our third party providers. We reserve the right to deem what is reasonable.

3. Spamming And Phishing

3. Spamming And Phishing

Don’t con or spam people.

Don’t use our Services to send spam of any kind.

Don’t engage in misleading or unethical marketing or advertising activities.

Don’t use our Services to send emails that violate CAN-SPAM or other laws.

Don’t use our Services to send marketing emails to folx unless they have explicitly consented (where such consent is required). We reserve the right to deem what constitutes spam.

Don’t send deceptive or falsely identified information such as misleading or incorrect names, email addresses, subject lines.

6. Deceiving And Impersonating

6. Deceiving People

Don’t deceive people.

Don’t use our Services to impersonate anyone or any entity.

Don’t use our Services to falsely identify yourself, your company or your Account.

Don’t do anything that’s false, fraudulent, inaccurate or deceiving.

4. Stealing

4. Stealing

Don’t steal.

Don’t use misuse authorized credit cards with unauthorized purchases.

Don’t use our Services to use unauthorized credit cards, debit cards or other unauthorized payment devices.

Unless explicitly authorized by Red Plum Digital, don’t sell or publish the Services.

4. Violating Rights

5. Violating Rights

Don’t infringe or misappropriate anyone’s copyright, trademark or other intellectual property rights.

Don’t use our Services to violate anyone’s privacy.

Don’t use our Services to violate anyone’s publicity rights.

2. Hate, Intimidation or Violence

2. Hate, Intimation or Violence

Don’t use hate speech.

Don’t threaten, intimidate, harass, or abuse anyone.

Don’t use the Services to glorify or incite violence, implicitly or explicitly.

Don’t use the Services to engage in unlawful acts.

Don’t condone or promote self-harm.

Don’t promote hate or bullying of or against any person or group based on race, ethnicity, nationality, religion, gender, gender identity, sexual preference, age or disability.

How We Handle Violations

The examples outlined here are examples of what we find unacceptable use of our Services and do not necessarily cover every situation we would find unacceptable. We are not limited by these examples in determining what is and is not acceptable use of our Services.

If we find that you have misused the Services, we may discontinue your access to our Services, your Account or Your Sites immediately without liability or notice to you or refunds (except where prohibits by applicable law). We will review each case independently and we will work to be fair in all conclusions, however we reserve the right to come to all conclusions at our discretion.

We reserve the right to enforce, or not enforce, this Use Policy in our sole discretion.

We may update this Use Policy from time to time, and will post the most current version here.

Terms and Conditions

Effective Date: March 13, 2019

In these sections we cover important information about your legal rights regarding use of our products and services, and our legal rights as a provider. When you use Red Plum Digital, you’re agreeing to these terms.

We’ve added some text in simpler terms (found next to gold vertical lines) to help explain some of the more legal terminology. This added text is not part of our terms and conditions, it’s only here to help.

Introduction

These Terms of Service (“Terms”) cover your use of and access to the products, (web)sites, templates, applications, intellectual property, tools and features (collectively, the “Services”) provided by Red Plum Digital (as defined below), including without limitation during free trials, on the website and associated domains of www.redplumdigital.com or Red Plum Digital web and mobile applications.

By using or accessing the Services, you’re agreeing to these Terms, our Copyright Policy, and our Acceptable Use Policy (collectively, this “Agreement”). If you’re using the Services for an organization, you’re agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

Please read this Agreement carefully! It includes important information about your legal rights. You will find information regarding automatic subscription renewals, disclaimers, limitations of our liability, and more. Please note if you are an EU Consumer (as defined below), some of these provisions may not apply to you and you may be entitled to specific rights under the mandatory laws of the country in which you live.

Our goal is to help people. Therefore, we’ve worked hard to make this Agreement fair for all parties and straightforward to understand. However, if you have further questions or any concerns, feel free to contact us.

1. Creating An Account

Keep your account information is accurate and safe. You’re responsible for your account and any activity on it. Also, you need to be at least 16 years old to use Red Plum Digital.

1.1. Creating an Account. To use any of the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.

1.2. Protecting Your Account. Please safeguard your Account. Make sure others don’t have access to your Account or password. You’re solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.

1.3. Sixteen Years of Age And Older. By using the Services, you represent that you’re at least 16. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement and they may need to enter into this Agreement on your behalf.

2. Your Content

2.    Your Content

When you upload content to Red Plum Digital, it is still your content and you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our services. On occasion we may seek your approval to do so, for example if we would like to promote your site or likeness as a testimonial.

2.1. Your User Content Stays Yours. Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours and you are responsible for it, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement.

2.2. Your License To Us. When you provide User Content via the Services, you grant Red Plum Digital (including our third party providers, hosting or otherwise, acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.

2.3. Featuring Your Site. We may choose to feature sites you use the Services to create or publish (“Your Sites”) or names, trademarks, service marks or logos included on Your Sites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of Red Plum Digital marketing and promotional activities. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites and any right of inspection or approval of any such use. You can opt out of being featured. This Section does not affect any rights you may have under applicable data protection laws.

3. Your Responsibilities

3.    Your Responsibilities

Your content is yours and you’re responsible for the content you publish on Red Plum Digital. You agree that your content is okay to use. We ask that you follow our rules and don’t do anything illegal with the services. Also keep in mind that anything you upload may be publicly viewable.

3.1. Only Use Content You’re Allowed To Use. You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services and in the manner required by this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others’ intellectual property, trade secret or other rights.

3.2. Follow The Law. You represent and warrant that your use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.

3.3. Share Responsibly. The Services let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We’re not responsible for what you share via the Services.

3.4. Comply With Our Acceptable Use Policy.  You must comply with our Acceptable Use Policy.  You represent and warrant that all your User Content complies with our Acceptable Use Policy.

3.5. Your Sites And Your End Users Are Your Responsibility. Your Sites may have their own visitors, customers and users (“End Users”). You understand and agree that Your Sites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.

4. Third Party Services

4.    Third Party Services

If you use or connect another service on or to Red Plum Digital, follow a link to another site or work with someone you find on Red Plum Digital (such as a specialist or vendor), what happens is between you and them. We’re not responsible for it or what either of you do. There’s also a lot of content on Red Plum Digital uploaded by our users (like you). We’re not responsible for that either.

4.1. Third Party Services. The Services are integrated with various third party services and applications (collectively, “Third Party Services”) that may make available to you their content and products. Examples of Third Party Services include our domain registrar, social media platforms, Red Plum Digital Specialists (as defined below), eCommerce Payment Processors (as defined below), stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).

4.2. Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do.

4.3. User Content. The Services or sites created using the Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others’ computers or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By operating the Services, we don’t represent or imply that we endorse your or other users’ User Content, or that we believe such User Content to be accurate, useful, lawful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You’re responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.

4.4. Red Plum Digital Third Party Specialists. Certain parts of the Services may provide directories of, and information about, independent third party Red Plum Digital users (“Red Plum Digital Specialists”) who can help you use the Services. Red Plum Digital does not employ, is not affiliated with and does not endorse third party Red Plum Digital Specialists. Third party Red Plum Digital Specialists are a Third Party Service, as defined in Section 4.1.

4.5. Red Plum Digital Logo. The Red Plum Digital logo is protected by US trademark laws. You do not have permission to use it without express written consent.

5. Our Intellectual Property

Red Plum Digital is protected by various intellectual property laws. This section summarizes what we own and how we share.

5.1. Red Plum Digital Owns Red Plum Digital. The Services are protected by copyright, trademark and other US and foreign laws. This Agreement doesn’t grant you any right, title or interest in the Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services or others’ User Content.

5.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.

5.3. Our Demo Content. We may provide templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video (“Demo Content”), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not remain on Your Site or be distributed, publicly displayed, publicly performed or otherwise published.

6. Our Rights

6.    Our Rights

In order to protect our Users and the integrity of Red Plum Digital, we need to maintain control over what happens to our network, platform and Services.

6.1. Actions We Can Take. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Account or parts, some or all of Your Sites; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

6.2. How We Handle Ownership Disputes. If the ownership of an Account comes under dispute, we will try not to get involved.  However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.

6.3. HTTPS Encryption. We typically exclusively offer and host HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.

7. Privacy

7.    Privacy

In order to protect yourself, your company, other Users and Red Plum Digital, it is important you comply with data protection laws when using our Services, such as collecting personal data and analytics.

7.1. Data Processing

7.3. You Must Comply With Data Protection, Security And Privacy Laws. You agree and warrant that you are solely responsible when using Your Sites or the Services for complying with applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation and the EU e-Privacy Directive/Regulation), including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use Your Sites and the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies on Your Sites (including, in particular, those which we place for you at your request as part of the Services, such as to undertake analytics for you).

7.3.1. Privacy Policies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant privacy policy.

7.3.2. Cookies And Similar Technologies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant cookie policy. You must capture valid consent, both for you and us, for any cookies or similar technologies used on or through Your Site (including those we drop on your request or with your permission) where required, including, where applicable, by the EU e-Privacy Directive/Regulation and under national laws implementing the same. Please see our Cookie Policy for more information about use of cookies and similar technologies.

7.4. Protect And Improve The Services. You agree that we may protect and improve our Services through analysis of your use of the Services, your End Users’ use of Your Sites and/or analysis of your and your End Users’ personal information in anonymized, pseudonymized, de-personalized and/or aggregated form. If applicable law requires, you should explain this in your privacy policy. See our Privacy Policy for more information about how and what we do in this regard.

For more information, our Privacy Policy provide additional details how and why we collect, use and share your personal information.

8. Copyright

8.    Copyright

We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy.

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.

9. Paid Services And Fees

9.    Paid Services And Fees

This section explains how we handle payments for paid services. For certain paid services, such as domain registrations and site subscriptions, we’ll automatically bill you in regular intervals (such as monthly, quarterly or annually) unless you disable auto-renewal or cancel your subscription. You can do that anytime.

9.1. Fees. You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don’t pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, within your eCommerce Payment Processor account(s) and/or on a mobile app store invoice, unless otherwise indicated. Please note that different Paid Services have different fees and payment schedules, and canceling one Paid Service may not cancel all your Paid Services.

9.2. Taxes. All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so. If you’re exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If Red Plum Digital has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where Red Plum Digital does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).

9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we’ll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period afterwards until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you’re on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via the Services.

9.4. Refunds. While you may cancel any Paid Services at any time, you won’t be issued a refund except in our sole discretion, or if legally required. We offer a free trial so you can try out your website subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.

9.5. Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don’t agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.

9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.

9.7. Our Payment Processor. We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

9.8. Fees For Third Party Services. Third Party Services purchased via the Services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It’s your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of Third Party Services.

10. Your eCommerce

10.    Your eCommerce

We offer tools to help you conduct some pretty cool eCommerce activities. However, how you conduct your eCommerce activities is your responsibility, and we’re not liable for your actions. Also, be sure to follow our eCommerce rules, or we may terminate your account. Finally, when you use a third party to process payments for your eCommerce activities, remember that your relationship is with them, not us.

10.1. eCommerce Responsibilities. The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “Your eCommerce”). We’re not a party to, and we aren’t liable for, Your eCommerce. You’re solely responsible for Your eCommerce, and compliance with any laws or regulations related to it, including without limitation the following:  

10.1.1. Taxes. You’re solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection with Your eCommerce; (b) collecting, reporting and remitting required Taxes to relevant government authorities; (c) informing your End Users of required Taxes, and providing them with invoices as required by applicable law; (d) monitoring distance sales thresholds in the EU and other indirect Taxes (such as value-added tax or goods and services tax) and registration thresholds in the countries where you have customers or where you ship goods to or provide services to; and (e) registering for indirect Taxes in countries where you are required to register. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations. We do not give tax advice, and nothing we say should be interpreted as such.

10.1.2. Fulfillment And Delivery. You’re solely responsible for fulfilling and delivering your products and services to your End Users.

10.1.3. Claims And Warranties. You’re solely responsible for any claims or warranties you make in connection with Your eCommerce and any claims made by End Users against you.

10.1.4. Customer Service. You’re solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.

10.1.5. Site Terms, Policies And Legal Compliance. You agree to post and make clearly available on Your Sites a privacy and cookie policy, and any other terms or policies that may be required by applicable law, and you warrant that Your Sites and Your eCommerce and your conduct will comply with all applicable laws and regulations. You agree that we won’t provide any legal advice regarding such terms, policies or compliance.

10.1.6. Consumer, eCommerce And Other Laws. You are also responsible for complying with any consumer, eCommerce and related laws.

10.2. eCommerce Restrictions. You may not offer or sell any products or services which, in our sole discretion,: (a) we consider hazardous, counterfeit, stolen, fraudulent, abusive or adverse to our interests or reputation; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, trade secrets, privacy or publicity rights, consumer protection, product safety or trade regulations or export controls, regulations or sanctions.

10.3. eCommerce Suspensions. While we’d prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove your Account, Your Sites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend Your eCommerce if you’re violating this Agreement.

10.4. eCommerce Payment Processors. To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors (“eCommerce Payment Processors”). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are a Third Party Service, as defined in Section 4.1. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with Your eCommerce transactions.

11. Term And Termination

11.    Term And Termination

Either of us can end this agreement at any time for any reason.

This Agreement will remain in effect until terminated by either you or Red Plum Digital. You may terminate this Agreement and the Services at any time by cancelling your subscription with us. You can cancel your subscription with us through your Account page. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. We will try to provide you reasonable notice before suspending or terminating part or all of the Services. Any and all aspects of Red Plum Digital and Services that survive termination, such as Your Content and Our Intellectual Property, shall survive termination of this Agreement without limitation.

12. Domains

This section explains how we provide our domain services. Your domain registrations are also subject to agreements with third parties, including ICANN and our third party registrar partners.

12.1. Reseller Services. We work with third party registrars to provide you with domain services. When you register a domain name, or renew or transfer an existing domain name, via the Services, you are bound by the relevant registrar’s terms and conditions. Registrars are a Third Party Service, as defined in Section 4.1. Currently, the registrar for the Services is Tucows Inc., and all registrations and renewals via the Services are subject to the Tucows Terms and Conditions, under which we’re the “Reseller”. Your breach of the OpenSRS Terms is a breach of this Agreement.

12.2. ICANN. Your use of our domain services is subject to the policies, including without limitation the dispute resolution policies, of the Internet Corporation for Assigned Names and Numbers (“ICANN”). Your rights and responsibilities as a domain name registrant are summarized in ICANN’s 2013 Registrar Accreditation Agreement. In such cases where a country code top level domain name is not be subject to ICANN policies, the applicable policies are set forth in the Tucows Terms.

12.3. Transfers, Renewals And Refunds. You may not be able to transfer a domain name for the first sixty (60) days following registration. For renewals, we or our registrar will try to provide you notice thirty (30) days before, five (5) days before and three (3) days after your scheduled domain renewal date. However, you agree that renewing your domain is solely your responsibility. If you cancel a domain name purchase within the first five (5) days following your purchase, if the Tucows Terms permit, we may provide a full refund. However, we don’t offer refunds for domain renewals or transfers.

13. Warranty Disclaimers.

13.    Warranty Disclaimers.

We love Red Plum Digital and we work have to provide the best services possible, but the services are provided as is, without warranties.

13.1. Disclaimers. To the fullest extent permitted by applicable law, Red Plum Digital makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available”. Red Plum Digital also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Red Plum Digital, shall create any warranty. Red Plum Digital makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. However, Red Plum Digital will provide the Services with reasonable care.

13.2. Exceptions. Under certain circumstances, some jurisdictions don’t permit the disclaimers in Section 13.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.

14. Limitation Of Liability

14.    Limitation Of Liability

If something happens as a result of your using Red Plum Digital, our liability is capped.

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Red Plum Digital and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of  your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Red Plum Digital has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of Red Plum Digital for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Red Plum Digital in the twelve (12) months immediately preceding the event that gave rise to such claim. If you are an EU Consumer, Red Plum Digital is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors or other vicarious agents. An “EU Consumer” means a natural person acting for purposes outside their trade, business, craft or profession (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area.

15. Indemnification

If you do something that gets us sued, you won’t hold us accountable for your actions and you will cover any of our legal fees as a result of your actions.

15.    Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold harmless Red Plum Digital and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation all reasonable attorneys’ fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to your operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Red Plum Digital may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or to the extent that the consequences were not reasonably foreseeable.

16. Dispute Resolution

Before filing a claim against Red Plum Digital, you agree to try to work it out informally with us. Also, all formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Claims can only be brought individually, and not as part of a class action.

16.1. Applicability. This Section 16 applies to Users who bring any claim against Red Plum Digital.

16.2. Informal Resolution. Before filing a claim against Red Plum Digital, you agree to try to resolve the dispute by first emailing andrea@redplumdigital.com with a description of your claim. We’ll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or Red Plum Digital may then follow through with a formal proceeding.

16.3. Arbitration Agreement. Unless you opt-out during the Opt-Out Period in accordance with Section 16.4, you and Red Plum Digital agree to resolve any claims, disputes and matters arising out of or in connection with this Agreement (including without limitation its existence, formation, operation and termination) and/or the Services (including without limitation non-contractual disputes and matters) through final and binding arbitration and you and Red Plum Digital expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, only an independent third party that will act as the arbitrator, and court review of an arbitration award is limited.

16.4. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us at andrea@redpumdigital.com within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 16.4, then Sections 16.3, 16.5, 16.6 and 16.7 of these Terms do not apply to you. This opt-out doesn’t affect any other sections of the Terms, including without limitation Sections 16.9 (Time for Filing), 16.10 (No Class Actions) and 17.2 (Controlling Law; Judicial Forum for Disputes). If you have any questions about this process, please contact andrea@redpumdigital.com.

16.5. Arbitration Time For Filing. Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

16.6. Arbitration Procedures. We reserve the right to elect JAMS, Inc. (“JAMS”) to administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) in effect at the time of the dispute.

16.6.1. Users. Users and Red Plum Digital agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite Section 17.2 below). Any arbitration hearings will take place at a location to be agreed upon in Dallas, Texas, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys’ fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

16.6.2. EU Consumers. If you are an EU Consumer who brings a claim against Red Plum Digital in the US, you and Red Plum Digital agree that any arbitration hearings will take place at a location to be agreed upon in Dallas, Texas, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys’ fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

16.7. Arbitration Fees. The JAMS Rules will govern payment of all arbitration fees. We won’t seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

16.8. Exceptions To Arbitration Agreement. Either you or Red Plum Digital may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

16.8.1. US Users. If you are a US User, either you or Red Plum Digital may assert claims, if they qualify, in small claims court in Dallas, Texas.

16.8.2. EU Consumers. If you are an EU Consumer who brings a claim against Red Plum Digitalin the US, such claims must be asserted, if they qualify, in small claims court in Dallas, Texas.

16.9. Time For Filing. Any claim not subject to arbitration must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

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

17. Additional Terms

This section explains, this Agreement is the whole agreement between us regarding your use of Red Plum Digital. This Agreement is governed by US law. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to cancel. Also, if you’re reading this in a language other than English, note that the English language version controls.

17.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Red Plum Digital regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third party beneficiary rights.

17.2. Users. If you are a User, this Agreement (including its existence, formation, operation and termination) and the Services as well as all disputes and matters arising out of or in connection with this Agreement and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. If Section 16 is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 16.4, you and Red Plum Digital agree that any judicial proceeding (other than small claims actions) arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the federal or state courts of Dallas, Texas and you and Red Plum Digital consent to venue and personal jurisdiction in such courts.

17.3. Modifications. We may update this Agreement from time to time with changes to Services or pricing or terms. If a modification meaningfully impacts your use of Services or your rights, we’ll notify you by sending an email to the email address of your Account administrator. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with any part of the changes, then you should stop using the Services and cancel all Paid Services.

17.4. Events We Do Not Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

17.5. Translation. This Agreement is written in English. If translated into another language and a conflict between a translated version and the English version, the English version will supersede.

17.6. Waiver and Severability. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

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1.     Additional Definitions.

The following definitions apply solely to this Data Processing Addendum:

a. the terms “controller”, “data subject”, “personal data”, “process,” “processing” and “processor” have the meanings given to these terms in EU Data Protection Law.

b. “Breach” means a breach of the Security Measures resulting in access to Squarespace’s equipment or facilities storing Your Controlled Data and the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Your Controlled Data transmitted, stored or processed by Squarespace on your behalf and instructions through the Services.

c. “Content” means your User Content and any content provided to us from your End Users, including without limitation text, photos, images, audio, video, code, and any other materials.

d. “EU Data Protection Law” means any data protection or data privacy law or regulation of Switzerland or any European Economic Area (“EEA”) country applicable to Your Controlled Data, including, as applicable, the GDPR and the e-Privacy Directive 2002/58/EC.

e. “GDPR” means the EU General Data Protection Regulation 2016/679.

f. “Security Measures” means the technical and organizational security measures set out here.

g. “Sub-Processor” means an entity engaged by Squarespace to process Your Controlled Data.

h. “Your Controlled Data” means the personal data in the Content Squarespace processes on your behalf and instructions as part of the Services, but only to the extent that you are subject to EU Data Protection Law in respect of such personal data. Your Controlled Data does not include personal data when controlled by us, including without limitation data we collect (including IP address, device/browser details and web pages visited prior to coming to Your Site) with respect to your End Users’ interactions with Your Site through their browser and technologies like cookies.

2.     Applicability.

This Data Processing Addendum only applies to you if you or your End Users are data subjects located within the EEA or Switzerland and only applies in respect of Your Controlled Data. You agree that Squarespace is not responsible for personal data that you have elected to process through Third Party Services or outside of the Services, including the systems of any other third-party cloud services, offline or on-premises storage.

3.     Details of Data Processing.

3.1 Subject Matter. The subject matter of the data processing under this Data Processing Addendum is Your Controlled Data.

3.2 Duration. As between you and us, the duration of the data processing under this Data Processing Addendum is determined by you.

3.3 Purpose. The purpose of the data processing under this Data Processing Addendum is the provision of the Services initiated by you from time to time.

3.4 Nature of the Processing. The Services as described in the Agreement and initiated by you from time to time.

3.5 Type of Personal Data. Your Controlled Data relating to you, your End Users or other individuals whose personal data is included in Content which is processed as part of the Services in accordance with instructions given through your Account.

3.6 Categories of Data Subjects. You, Your End Users and any other individuals whose personal data is included in Content.

4.    Processing Roles and Activities.

4.1 Squarespace as Processor and You as Controller. You are the controller and Squarespace is the processor of Your Controlled Data.

4.2 Squarespace as Controller. Squarespace may also be an independent controller for some personal data relating to you or your End Users. Please see our Privacy Policy and Terms of Service for details about this personal data which we control. We decide how to use and process that personal data independently and use it for our own purposes. When we process personal data as a controller, you acknowledge and confirm that the Agreement does not create a joint-controller relationship between you and us. If we provide you with personal data controlled by us, such as in any access to data regarding your End Users’ interactions with Your Site, you receive that as an independent data controller and are responsible for compliance with EU Data Protection Law in that regard.

4.3 Description of Processing Activities. We will process Your Controlled Data for the purpose of providing you with the Services, as may be used, configured or modified from within your Account (the “Purpose”). For example, depending on how you use the Services, we may process Your Controlled Data in order to: (a) enable you to integrate content or features from a social media platform on Your Site; or (b) email your End Users on your behalf.

4.4 Compliance with Laws. You will ensure that your instructions comply with all laws, regulations and rules applicable in relation to Your Controlled Data and that Your Controlled Data is collected lawfully by you or on your behalf and provided to us by you in accordance with such laws, rules and regulations. You will also ensure that the processing of Your Controlled Data in accordance with your instructions will not cause or result in us or you breaching any laws, rules or regulations (including EU Data Protection Law). You are responsible for reviewing the information available from us relating to data security pursuant to the Agreement and making an independent determination as to whether the Services meet your requirements and legal obligations as well as your obligations under this Data Processing Addendum. Squarespace will not access or use Your Controlled Data except as provided in the Agreement, as necessary to maintain or provide the Services or as necessary to comply with the law or binding order of a governmental, law enforcement or regulatory body.

5.     Our Processing Responsibilities.

5.1 How We Process. We will process Your Controlled Data for the Purpose and in accordance with the Agreement or instructions you give us through your Account. You agree that the Agreement and the instructions given through your Account are your complete and final documented instructions to us in relation to your Controlled Data. Additional instructions outside the scope of this Data Processing Addendum require prior written agreement between you and us, including agreement on any additional fees payable by you to us for carrying out such instructions. We will promptly inform you if, in our opinion, your instructions infringe applicable EU Data Protection Law, or if we are unable to comply with your instructions. We will notify you when applicable laws prevent us from complying with your instructions, except if such disclosure is prohibited by applicable law on important grounds of public interest, such as a prohibition under law to preserve the confidentiality of a law enforcement investigation or request.

5.2 Notification of Breach. We will provide you notice without undue delay after becoming aware of and confirming the occurrence of a Breach for which notification to you is required under applicable EU Data Protection Laws. We will, to assist you in complying with your notification obligations under Articles 33 and 34 of the GDPR, provide you with such information about the Breach as we are reasonably able to disclose to you, taking into account the nature of the Services, the information available to us and any restrictions on disclosing the information such as for confidentiality. Our obligation to report or respond to a Breach under this Section is not and will not be construed as an acknowledgement by Squarespace of any fault or liability of Squarespace with respect to the Breach. Despite the foregoing, Squarespace’s obligations under this Section do not apply to incidents that are caused by you, any activity on your Account and/or Third-Party Services.

5.3 Notification of Inquiry or Complaint. We will provide you notice, if permitted by applicable law, upon receiving an inquiry or complaint from an End User, or other individual whose personal data is included in your Content, or a binding demand (such as a court order or subpoena) from a government, law enforcement, regulatory or other body in respect of Your Controlled Data that we process on your behalf and instructions.

5.4 Reasonable Assistance with Compliance. We will, to the extent that you cannot reasonably do so through the Services, your Account or otherwise, provide reasonable assistance to you in respect of your fulfillment of your obligation as controller to respond to requests by data subjects under Chapter 3 of the GDPR, taking into account the nature of the Services and information available to us. You will be responsible for our reasonable costs arising from our provision of such assistance.

5.5 Security Measures. We will maintain the Security Measures. We may change these Security Measures but will not do so in a way that adversely affects the security of Your Controlled Data. We will take steps to ensure that any natural person acting under our authority who has access to Your Controlled Data does not process it except on our instructions, unless such person is required to do so under applicable law, and that personnel authorized by us to process Your Controlled Data have committed themselves to relevant confidentiality obligations or are under an appropriate statutory obligation of confidentiality.

5.6 Sub-Processors. You agree that we can share Your Controlled Data with Sub-Processors in order to provide you the Services. We will impose contractual obligations on our Sub-Processors, and contractually obligate our Sub-Processors to impose contractual obligations on any further sub-contractors which they engage to process Your Controlled Data, which provide the same level of data protection for Your Controlled Data in all material respects as  the contractual obligations imposed in this Data Processing Addendum, to the extent applicable to the nature of the Services provided by such Sub-Processor. A list of our current Sub-Processors is available upon request by sending an email to privacy@squarespace.com. Provided that your objection is reasonable and related to data protection concerns, you may object to any Sub-Processor by sending an email to privacy@squarespace.com. If you object to any Sub-Processor and your objection is reasonable and related to data protection concerns, we will use commercially reasonable efforts to make available to you a means of avoiding the processing of Your Controlled Data by the objected-to Sub-Processor. If we are unable to make available such suggested change within a reasonable period of time, we will notify you and if you still object to our use of such Sub-Processor, you may cancel or terminate your Account or, if possible, the portions of the Services that involve use of such Sub-Processor. Except as set forth in this Section 5.6, if you object to any Sub-Processors, you may not use or access the Services. You consent to our use of Sub-Processors as described in this Section 5.6. Except as set forth in this Section 5.6 or as you may otherwise authorize, we will not permit any Sub-Processor to access Your Controlled Data. Squarespace will remain responsible for its compliance with the obligations of this Data Processing Addendum and for any acts or omissions of any Sub-Processor or their further sub-contractors that process Your Controlled Data and cause Squarespace to breach any of Squarespace’s obligations under this Data Processing Addendum, solely to the extent that Squarespace would be liable under the Agreement if the act or omission was Squarespace’s own.

5.7 Squarespace Audits. Squarespace may (but is not obliged to) use external or internal auditors to verify the adequacy of our Security Measures.

5.8 Customer Audits and Information Requests. You agree to exercise any right you may have to
conduct an audit or inspection by instructing Squarespace to carry out the audit described in Section 5.7.
You agree that you may be required to agree to a non-disclosure agreement with Squarespace before we
share any such report or outcome from such audit with you and that we may redact any such reports as
we consider appropriate. If Squarespace does not follow such instruction or if it is legally mandatory for
you to demonstrate compliance with EU Data Protection Law by means other than reviewing a report
from such an audit, you may only request a change in the following way:

a. First, submit a request for additional information in writing to Squarespace, specifying all details required to enable Squarespace to review this request effectively, including without limitation the information being requested, what form you need to obtain it in and the underlying legal requirement for the request (the “Request”). You agree that the Request will be limited to information regarding our Security Measures.

b. Within a reasonable time after we have received and reviewed the Request, you and we will discuss and work in good faith towards agreeing on a plan to determine the details of how the Request can be addressed. You and we agree to use the least intrusive means for Squarespace to verify Squarespace’s compliance with the Security Measures in order to address the Request, taking into account applicable legal requirements, information available to or that may be provided to you, the urgency of the matter and the need for Squarespace to maintain uninterrupted business operations and the security of its facilities and protect itself and its customers from risk and to prevent disclosure of information that could jeopardize the confidentiality of Squarespace or our users’ information.

You will pay our costs in considering and addressing any Request. Any information and documentation
provided by Squarespace or its auditors pursuant to this Section 5.8 will be provided at your cost. If we
decline to follow any instruction requested by you regarding audits or inspections, you may cancel any affected Paid Services.

5.9 Questions. Upon your reasonable requests to us for information regarding our compliance with the obligations set forth in this Data Processing Addendum, we shall, where such information is not otherwise available to you, provide you with written responses, provided that you agree not to exercise this right more than one (1) time per calendar year (unless it is necessary for you to do so to comply with EU Data Protection Law). The information to be made available by Squarespace under this Section 5.9 is limited to solely that information necessary, taking into account the nature of the Services and the information available to Squarespace, to assist you in complying with your obligations under the GDPR in respect of data protection impact assessments and prior consultation. You agree that you may be required to agree to a non-disclosure agreement with Squarespace before we share any such information with you.

5.10 Requests. You can delete or access a copy of some of Your Controlled Data through your Account. For any of Your Controlled Data which may not be deleted or accessed through your Account, upon your  written request, we will, with respect to any of Your Controlled Data in our or our Sub-Processor’s possession that we can associate with a data subject, subject to the limitations described in the Agreement and unless prohibited by applicable law or the order of a governmental, law enforcement or regulatory body: (a) return such data and copies of such data to you provided that you make such request within no more than ninety (90) days after the cancellation of the applicable Paid Services; or (b) delete, and request that our Sub-Processors delete, such data (excluding in the case of (a) or (b) any of such data which is archived on back-up systems, which we shall securely isolate and protect from any further processing, except to the extent required by applicable law). Otherwise, we will delete Your Controlled Data in accordance with our data retention policy. This Section 5.10 does not apply to personal data held by Third Party Services.

6.     Data Transfers.

You authorize us to transfer Your Controlled Data away from the country in which such data was originally collected. In particular, you authorize us to transfer Your Controlled Data to the US. We will transfer Your Controlled Data to outside the EEA using the Swiss-U.S. and EU-U.S. Privacy Shield Frameworks or another lawful data transfer mechanism that is recognized under EU Data Protection Law as providing an adequate level of protection for such data transfers.

7.     Liability.

The liability of each party under this Data Processing Addendum is subject to the exclusions and limitations of liability set out in the Agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by Squarespace in relation to Your Controlled Data that arise as a result of, or in connection with, your failure to comply with your obligations under this Data Processing Addendum or EU Data Protection Law shall reduce Squarespace’s maximum aggregate liability to you under the Agreement in the same amount as the fine and/or liability incurred by us as a result.

8.    Conflict.

In the event of a conflict between this Data Processing Addendum and the Terms of Service, this Data Processing Addendum will control.

9.     Miscellaneous.

You are responsible for any costs and expenses arising from Squarespace’s compliance with your instructions or requests pursuant to the Agreement (including this Data Processing Addendum) which fall outside the standard functionality made available by Squarespace generally through the Services.

Privacy Policy

Effective Date: Marc 13, 2019

We take your privacy and personal data serious. You trust us and we take that serious, too. In these sections we explain what we collect, why and how we use data.

Please note, any capitalized terms which are not defined in this Use Policy have official meanings in our Terms of Service. If you have any comments or questions about this Use Policy, feel free to contact us.

We will update this policy from time to time, and we will post the most recent version here.

1. What We Collect

1. What We Collect

Red Plum Digital gathers two types of information: (1) personally identifiable information that is supplied voluntarily upon registration for our Services or when you enter certain other areas of the our websites or applications and (2) aggregate tracking and site usage information that is gathered automatically when you use our Services. It is our policy to use the personally identifiable information acquired for internal business uses only.

We operate and maintain a variety of online security measures to safeguard and keep personal data private.

2. Why We Collect Data

2. Why We Collect Data

We collect such Non-personal and Personal Information for the following purposes:

  1. To provide you with and operate the Services;

  2. To improve, develop or customize our Services;

  3. To provide customer assistance and technical support;

  4. To provide general or personalized service-related notices and promotional messages;

  5. To enhance our data security and fraud prevention capabilities;

  6. To comply with any applicable laws and regulations.

3. Third Party Vendors

3. Third Party Vendors

We use third party vendors (Third Party Vendors) to provide free, paid an optional Services with the goal of improving your experience. Third Party Vendors such as Stripe, Facebook, LinkedIn, or Google. By authorizing us to connect with a Third Party Vendors, you authorize us to access and store the information that the Third Party Vendor makes available to us, and to use and disclose it in accordance with this Policy. It is your responsibility to review the terms of use and privacy policy of such Third Party Vendors and to check your privacy settings for such Third Party Vendors.

Cookie Policy

Effective Date: March 13, 2019

We store and retrieve information on your browser using cookies. This information is used to help us provide Services and to provide you a more personalised web experience.

Below is a list of the cookies we use on this site, which is updated whenever new cookies are encountered and classified by our website team.

Some cookies are necessary for function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but this may limit your access to certain Services.

Some cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.

If you have questions or concerns please contact us.

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