Recall LLC Privacy Policy

Recall LLC ApS, a company incorporated in Scottsdale,AZ with registered office at 4639 Miller Rd, Scottsdale,AZ 85251 (“Recall LLC” or “we”) are committed to protecting and respecting your privacy. This privacy policy is about the way we use the personal information of our advertisers (“you”). 1. Information Collected 1.1 To provide you with the advertising services you have ordered, we need information about you. If you use Recall LLC services, you are in control of what information we collect about you, but if you choose not to share your information, you may not be able to access or use some of our services. 1.2 We will collect information about you when you use our services; advertise with us; set up, look at, or change your profile or account with us; ask for information from us or give us a testimonial or other feedback. 1.3 The information we collect and hold about you may include your name (first and last name); business name; job title; business address; product data, phone and/or mobile phone numbers; email address; bank account, debit card and/or credit card details; date of birth; credit history, credit rating or credit score; password details, answers to security questions (for example your mother’s maiden name) or both; and any other information you may give us when you write to us or contact us in other ways. 1.4 When you register for Recall LLC services we collect your email address and mobile number. We may use it for account administration and for added security. We may use your email address or text via your mobile number to send you a confirmation of any order or booking you make, if you ask for our products or services and to confirm any profile or account changes you make. We might also use your email address or text via mobile number to bring you news such as changes to the way you can use Recall LLC services or any of our other new services and special offers we think you might be interested in. 1.5 Once you connect to the Recall LLC platform your Prebid, Google, Facebook Twitter and all other affiliated accounts a copy of campaigns and their performance will be temporarily downloaded to our platform. We might also temporarily download other data including product data and place a script on your website to measure information. By temporarily we mean that we 1) download the data, 2) process it, 3) upload necessary changes, and 4) delete the data from our servers again. 2 How we will use information we collect about you 2.1 When you give us information while using the Recall LLC services, we will use it for the purposes set out in this privacy policy, on the data entry forms, in any relevant terms or conditions and on pages or emails which link to the data entry forms. 2.2 We store your historical product data permanently unless you terminate your account. We use the data to optimise your THE RETAIL CREATIVE TERMS OF USE BY CLICKING THE “I ACCEPT” BUTTON IN THE ORDERING PROCESS OR SIGNING AN ORDER FORM THAT REFERS TO THESE TERMS OF USE (THE “AGREEMENT”), YOU AGREE TO THE TERMS OF THIS AGREEMENT AND ANY APPLICABLE ORDER. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “CUSTOMER”, “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. 1. 1.1 1.2 2. 2.1 2.2 2.3 2.4 Introduction The Retail Creative ApS, a company incorporated in Scottsdale with registered office at 4639 Miller Rd, Scottsdale,AZ 85231 (“The Retail Creative” or “we”) will provide you with the Recall artificial intelligence optimization services as described in any Order agreed to by you (the “Services”). Each Order shall incorporate all of the terms and conditions of this Agreement, and is also incorporated herein by reference. To the extent any conflicts exist between this Agreement and an Order, the terms of this Agreement shall control unless expressly stated otherwise in the Order. Cobiro’s obligations with respect to the Services are subject to Customer’s compliance with its payment and other obligations as set out herein. Customer acknowledges that its failure to satisfy such obligations may impact on Cobiro’s delivery of the Services. License and Ownership The Retail Creative hereby grants you a non-exclusive, non-transferable, limited, revocable right to use the Services during the term of your subscription as set out in an Order, solely for your own internal business purposes and subject to the terms and conditions of this Agreement. If your Order provided for a specific number of users, your license to use the Services is limited to the specified number of users. All rights not expressly granted to you are reserved by The Retail Creative and its licensors. You may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or any The Retail Creative proprietary technology used in the provision of the Services (including software, hardware, processes, know-how, algorithms, techniques, designs and other tangible or intangible technical material or information)(the “The Retail Creative Technology”); (ii) modify or make derivative works based upon the Services or The Retail Creative Technology; (iii) embed the Services as a “iframe” or “frame” from within another application; or (iv) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Services, or (c) copy any ideas, features, functions or graphics of the Services. You may use the Services only for your internal business purposes and shall not: (i) send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Services or the data contained therein, or Cobiro’s sites, servers or networks; (iii) attempt to gain unauthorized access to the Services or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on Cobiro’s infrastructure. The Retail Creative shall be entitled to adjust the scope of the Services and the underlying technical infrastructure to reflect the continuing development of the Services and technical advances. You acknowledge and agree the Services cannot be shared or used by more 2.5 one individual unless (and solely to the extent that) the Order allows for sharing within your internal organization. The proper assignment of username and passwords for the Service and adherence to all terms of this Agreement and Order are your responsibility. You are responsible for maintaining the confidentiality of your usernames, passwords and accounts. Usernames and passwords may not be shared by more than one individual. The Retail Creative alone (and its licensors, where applicable) shall own all copyright, trade marks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights (“Intellectual Property Rights”) in and to the Services and the The Retail Creative Technology and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, and any aggregated metrics, data and trends compiled by The Retail Creative. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services or the The Retail Creative Technology. 3. Customer Obligations 3.1 we also download all data about their products and place a script at their website to measure conversions. It that relevant? They should have cookie consent and comply with applicable law You are solely responsible for all text, logos and images (“Customer Content”), all 3.2 3.3 advertisements and any website reachable from the advertisements generated using the Services. You hereby represent that (i) you have all necessary rights to publish the Customer Content and create or have created advertisements, (ii) any Customer Content you provide is and shall be accurate, complete and current, and (iii) all Customer Content complies with the requirements set forth by Google, Microsoft, Facebook and any other ad network (collectively, the “Ad Networks”) on their respective websites with respect to the Google AdWords, Microsoft adCenter, Facebook Ads and similar programs (collectively, the “Ad Network Programs”), including the trademark policies, editorial guidelines and creative limitations posted therein, and including such other websites and programs as may be included in the Services from time to time. You hereby authorize The Retail Creative to allow Customer Content and advertisements to be published throughout the network of advertising channels operated by the Ad Networks and any other company network included in the Services from time to time, and their network of participating websites and other distribution outlets. You further represent, warrant and covenant to The Retail Creative and its suppliers that (a) at all times you shall comply with all applicable law, (b) you will not generate, or encourage others to generate, automated or fraudulent impressions or clicks of advertisements on any Ad Network, (c) you are responsible for obtaining and maintaining accounts for use of the Ad Network Programs, and (d) your advertisements do not and will not advertise illegal activity or constitute illegal or fraudulent business practices in the jurisdiction in which the advertisements are displayed. 4. 4.1 4.2 Customer Data The Retail Creative does not own any keyword data , paid search campaigns or material that you submit to the Services in the course of using the Services (collectively, “Customer Data”). The Retail Creative may use Customer Data to provide the Services, which may include processing your Customer Data to provide the Services to you, storing or hosting the Customer Data for access by you and to pass such Customer Data to its partners. Whilst your private Customer Data is accessible only to you and persons explicitly authorized by you, you hereby confirm and agree that The Retail Creative has the right to use 4.3 4.4 your Customer Data in order to compile, analyze and disclose to third parties aggregated metrics, data and trends related to the use of its Services as long as such metrics, data and trends do not contain uniquely identifiable Customer Data You further acknowledge and agree The Retail Creative may be compelled to disclose your Customer Data to the applicable authorities in order to comply with governmental, court and law enforcement requests or requirements relating to the Services. In such event, The Retail Creative will where possible provide Customer with reasonable notice. You shall have sole responsibility for the accuracy, quality, integrity, legality and appropriateness of the Customer Data. For the avoidance of doubt you acknowledge and agree that all data related to your use of the Services, not including Customer Data, shall be owned by The Retail Creative. 5. 5.1 5.2 Third Party Relationships During your use of the Services, you may purchase goods and/or services from, a third party that also requires activity and interaction with your Ad Network accounts. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. The Retail Creative and its licensors shall have no liability, obligation or responsibility for any such third party, including any termination by such third party of their provision of goods or services to you. The Retail Creative does not endorse any sites on the internet that are linked through the Services, or any third party goods or services that are made available to you through or are otherwise incorporated into the Services (including any reporting tools). In no event shall The Retail Creative or its licensors be responsible for (and they hereby disclaim all liability for) any such content, products, services, or other materials on such sites or provided by such third parties. 6. 6.1 6.2 6.3 Privacy & Confidentiality You agree to the terms of Cobiro’s privacy policy at http://TheRetailCreative.com/privacy which may be viewed on the The Retail Creative website (the “Site”), and which may be modified by The Retail Creative in its reasonable discretion from time to time. During the course of this Agreement, information that is confidential or proprietary may be disclosed between us including but not limited to: software, technical processes, formulas, source code, sales, costs, other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, and marketing data (“Confidential Information”). Except as provided below, neither of us shall make any disclosure of the other party’s Confidential Information to anyone other than our employees or contractors who have a need to know such information in connection with this Agreement, and who are bound by written agreements to protect the confidentiality of such information. Each of us will notify our employees and contractors of their confidentiality obligations hereunder. Confidential Information shall not include information that the receiving party can demonstrate (i) is, at the time of disclosure, or thereafter becomes, part of the public domain through a source other than the receiving party, (ii) was known to the receiving party at the time of disclosure, (iii) is independently developed by the receiving party, or (iv) is subsequently learned from a third party not under a confidentiality obligation to the providing party. 7. Payment and Fees 7.1 You shall pay all fees to your account in accordance with the fees and billing terms in 7.2 7.3 the applicable Order. You may choose to pay monthly or yearly. If you choose to pay yearly you will obtain a significant discount. If you choose to pay monthly you may not terminate any Order within the first three (3) months, thereafter you may terminate the respective Order at the end of the last month paid for.. The Retail Creative charges and collects in advance for the Services. All payment obligations are non-cancelable and non-refundable. You must provide The Retail Creative with a valid credit card or bank automatic clearing house validation as a condition to signing up for the Services. You represent that you are authorized to provide any credit card or bank account information you use to sign up for the Services. Cobiro’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. The Retail Creative reserves the right to suspend the Services if you are late paying the fees for an Order. Late invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum rate permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for the Services during any period of suspension. If you initiate the termination of this Agreement, except in the case of a material breach by The Retail Creative, you will be obligated to pay the balance due on your account for the applicable commitment period as described in the Order. You agree that The Retail Creative may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. 8. 8.1 8.2 Term and Termination This Agreement commences on the earlier of either the date you set up your account for the Services or the date set out in the Order and shall continue for as long as an Order is in place. Any breach of your payment or other material obligations will be deemed a material breach of this Agreement. Upon any such breach, without limiting its ability to pursue other remedies, The Retail Creative may terminate this Agreement. The following sections shall survive any expiration or termination of this Agreement: 4, 6, 7, 8, 11 and 12. 9. Representations & Warranties Each party represents and warrants that it has the legal power and authority to enter into this Agreement. The Retail Creative represents and warrants that it will provide the Services in a manner consistent with applicable industry standards. 10. Disclaimer of Warranties THE DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, COMPLETE, ERRORFREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE PRODUCTS, SERVICES, INFORMATION, LEADS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED TO YOU “AS IS”. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY RETAIL AND ITS LICENSORS. 11. Limitation of Liability 11.1 IN NO EVENT SHALL AGGREGATE LIABILITY FOR EITHER PARTY EXCEED AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO THE RETAIL CREATIVE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11.2 Notwithstanding the foregoing, nothing in this Agreement shall seek to restrict either party’s liability for fraud, death or personal injury caused by its negligence, nor any other liability, which a party is not permitted to restrict or exclude as a matter of applicable law. 12. General 12.1 The Retail Creative may give notice by means of email to your e-mail address on record in Cobiro’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Cobiro’s account information. You may give notice to The Retail Creative at any time by email to info@TheRetailCreative.com, letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to The Retail Creative, in either case, addressed to the attention of: CEO, Bo Krogsgaard. Any such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). 12.2 This Agreement shall be governed by laws of Denmark, without regard to the conflicts of law provisions of any jurisdiction, and any disputes, actions, or claims arising out of this Agreement shall be subject to the exclusive jurisdiction of the Copenhagen city court. 12.3 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. 12.4 No joint venture, partnership, employment, or agency relationship exists between you and The Retail Creative as a result of this Agreement or use of the Services. 12.5 The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the parties in writing. 12.6 This Agreement, together with any applicable Order and any other document referenced herein, comprises the entire agreement between you and The Retail Creative and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. performance and deliver ecommerce analytics to you. If you terminate your account with Recall LLC we store the data for 12 months from the day of expiry of your subscription before deleting them permanently. We keep the data for 12 months in case you decide to re-activate your subscription without losing all history and optimisation. 2.3 We will track the usage of your website or other online advertising. We will aggregate information about the use of your website or other online advertising with that of our other customers. We will remove all personally identifying information before aggregating this data. 2.4 We may use the information you give us about yourself when you register for Recall LLC services to build up a picture of your interests. We may then use this information to try to make sure that when you visit our websites, you don’t miss offers and information that might interest you. This is called advert targeting. 2.5 Your information will be used in the first place to provide the products, services or information you have asked for. We keep the information you provide and may use it for several purposes, including, accounting, billing and audit; credit checking or screening; credit, debit or other payment card verification and screening; debt collection; safety, security, administrative and legal purposes; analysing statistics, the market and marketing information; developing, testing and maintaining systems; studies, research and development; advertiser or user surveys; and customer services and to help us in any future dealings with you, for example by identifying your requirements and preferences. 2.6 If you give us feedback, we may use it to improve our products and services and we may publish it online or offline to promote our business, products and services. We will ask for your permission before we publish it. 2.7 We may ask you how we are performing or for your opinion on our products and services. When we do surveys we may use cookies and combine the information collected by those cookies with your answers. We will make sure that the survey results do not identify you, or anyone else who fills in our surveys. 3 Direct marketing 3.1 We offer you the chance to receive important news from Recall LLC and information about our products and services, such as changes to the way you can use our services and new services and special offers you might be interested in. We may use your order history to send you information we think you may be interested in. 3.2 Unless you tell us otherwise, we may contact you by phone, post, email, text message or any other way (electronic or otherwise). We will normally send you direct marketing by email if we have your email address. 3.3 If you would like us to stop sending direct marketing to you, we offer simple ways for you to tell us to stop. Whenever you receive direct marketing from us, we will tell you how to unsubscribe. 3.4 If you tell us that you do not want to receive direct marketing, we will still contact you in order to confirm and carry out any requests or orders you make with us and for administration purposes. 3.5 If you previously chose not to receive direct marketing, but you have changed your mind and would now like to receive news, information and special offers from us, you can sign back up again at any time. 3.6 You have the right to ask us not to use your personal information for marketing purposes. We will tell you when we collect your personal details if we are planning to use them for marketing purposes or if we plan to pass them to any other organisation for marketing purposes. 4 Who we may share your personal information with We may need to share your information with other organisations to provide you with the products, services or information you ask for. We may also pass your information to one or more of the following organisations: other companies in our corporate group; credit checking or screening service providers; payment processing organisations (such as PayPal); debt collection agencies; data processing companies; mailing houses working on our behalf; government and enforcement agencies and the police. 5 Where we process your personal information When we use your information, this may occasionally involve sending your information outside the European Economic Area (EEA). Where we do this, we make sure that appropriate steps are taken to protect your personal information and your rights. By providing us with your personal information, you agree that we may transfer, store and process your information outside the EEA. 6 How to keep your information up to date You can view and update your personal details quickly and easily by logging onto your profile page. 7 How we keep your information secure We take the security of your personal information very seriously. We have put in place technology and security policies which are designed to protect the personal information that we hold about you. We also follow the strict security procedures that privacy laws require. These cover storing, using and releasing any information you have provided, and preventing unauthorised access or use. We work with the payment provider Stripe that has a PCI Level 1 approval, which means that they have VISA and Mastercards highest safety approval and are allowed to store your card data. Recall LLC does not store your card data and we only send the data encrypted directly to Stripe without storing it. All information you enter at Recall LLC is encrypted by SSL, which is a security standard also used by banks and other to secure data. 8 Other websites Our website may contain hyperlinks to websites that are owned and operated by other organisations. These websites have their own privacy and cookie policies, and we urge you to read them. They control how your personal information is used when you give it to these other organisations or they collect it with cookies. We do not approve any other websites and we are not responsible for any information, material, products or services that are on or accessible through those websites or for the privacy practices of websites run by other organisations. If you use these other websites you do it at your own risk. 9 Cookies This website uses cookies to better the your experience while visiting the website. Cookies are small files saved to the users computers hard drive that track, save and store information about your interactions and usage of the website. This allows the website, through it’s server to provide you with a tailored experience within this website. You are advised that if you wish to deny the use and saving of cookies from this website on to your computer’s hard drive you should take necessary steps within your web browsers security settings to block all cookies from this website and it’s external serving vendors. This website uses tracking software to monitor it’s visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website but will not store, save or collect personal information. Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 90 days, though some may take longer. No personal information is stored, saved or collected. 10 Your rights to you personal information You have the right to see information we hold about you (with some exceptions, which are described in the privacy laws). If you would like a copy of your personal information, you should contact us at mati@getRecall.com. You can also change the personal details we hold by contacting us at mati@getRecall.com. 11 How we can make changes to this privacy policy We may update this privacy policy from time to time so you may want to check it each time you give us personal information or look at or change your personal details on our websites. We welcome your questions, comments and requests about this privacy policy. Please contact. Please feel free to contact us at mati@getrecall.com