These Terms of Service (hereinafter the “Agreement”) are entered into by Soaring Towers LLC, a Delaware limited liability company, with its principal place of business at 9415 Culver Boulevard, Suite 355, Culver City, California 90232 (“Provider”), and the customer (“Customer”) set forth in the accompanying order confirmation executed herewith (“Order Confirmation”), effective as of the date the Order Confirmation is executed or accepted by the Customer (the “Effective Date”). Provider and Customer may be referred to individually as a “Party” and collectively as the “Parties.”
WHEREAS, Provider provides managed information technology, support, monitoring, maintenance, security, cloud, consulting, and related technology services.
WHEREAS, Customer desires to obtain, and Provider desires to provide, certain managed services and related professional services under this Agreement and the accompanying order confirmation, as well as any additional or future order confirmations entered into by the Parties.
WHEREAS, the Parties intend for this Agreement to establish the master legal terms governing all services ordered by Customer from Provider, including the initial Order Confirmation and any additional Order Confirmations entered into after the Effective Date.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:
1.1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a Party.
1.2. “Authorized Users” means Customer’s employees, contractors, agents, representatives, and other users authorized by Customer to receive or use the Services.
1.3. “Customer Data” means all data, content, records, files, information, software, systems data, configurations, credentials, and materials provided by or on behalf of Customer or its Authorized Users to Provider, or accessed, processed, transmitted, stored, or generated by Provider in connection with the Services.
1.4. “Deliverables” means any reports, documentation, configurations, scripts, workflows, diagrams, written recommendations, or other work product expressly identified as deliverables in an applicable Order Confirmation.
1.5. “Fees” means all charges payable by Customer under this Agreement or any order confirmation, including recurring managed services fees, project fees, onboarding fees, usage-based fees, pass-through costs, third-party charges, and reimbursable expenses.
1.6. “Provider Materials” means Provider’s pre-existing or independently developed tools, templates, software, scripts, know-how, methodologies, documentation, processes, utilities, automation, connectors, libraries, monitoring tools, and other technology or materials used to provide the Services.
1.7. “Services” means the managed services, professional services, support services, consulting, procurement assistance, project work, maintenance, monitoring, administration, security services, cloud services, and other services described in an applicable order confirmation.
1.8. “Order confirmation” means the service order, work order, order form, quote, or similar written ordering document that: (a) identifies the Services or Deliverables to be provided; (b) is signed by both Parties or otherwise accepted in the manner specified in this Agreement via the Provider’s online ordering portal; and (c) states that it is governed by this Agreement.
1.9. “Third-Party Products” means hardware, software, cloud services, subscriptions, licenses, telecommunications services, platforms, equipment, or other products or services provided by a third party and procured, resold, recommended, configured, supported, administered, or otherwise used in connection with the Services.
2.1. Master Agreement. This Agreement sets forth the general terms and conditions governing the Parties’ relationship. Specific Services will be ordered under one or more order confirmations. This Agreement and the Order Confirmation executed herewith, and any additional order confirmations executed or accepted, comprise the entire agreement between the Parties. In the event of any conflict between this Agreement and any order confirmation, this Agreement shall govern unless the applicable order confirmation expressly states that the terms and conditions of the order confirmation shall control.
2.2. Additional Orders. Customer may order additional Services by entering into additional order confirmations with Provider. Each additional order confirmation will be deemed incorporated into and governed by this Agreement when signed by both Parties or accepted by Customer through any ordering method expressly permitted.
2.3. No Obligation Without Order Confirmation. Provider is not obligated to provide, and Customer is not obligated to pay for, any Services unless ordered under an applicable order confirmation or otherwise authorized in writing by Customer.
2.4. Changes to Orders. Changes to scope, assumptions, timelines, Deliverables, service levels, locations, supported systems, pricing, or other terms must be documented in a written change order, amended or new order confirmation, or other written authorization acceptable to Provider. Provider may suspend work on the affected change until the Parties agree on any resulting adjustments to Fees, schedule, or scope.
3.1. Performance of Services. Provider will perform the Services in a professional and workmanlike manner, using personnel with appropriate skill and experience for the Services being performed.
3.2. Scope. The scope of Services is limited to the Services expressly described in the Order Confirmation, or any additional order confirmation accepted by both Parties in the future. Services, systems, locations, users, devices, applications, environments, projects, or support obligations not expressly included in an order confirmation are out of scope.
3.3. Remote and On-Site Services. Provider may perform Services remotely or on-site as specified in the applicable order confirmation. Unless the applicable order confirmation states otherwise, on-site services, travel time, travel expenses, emergency dispatch, and after-hours support may be billed separately.
3.4. Support Requests. Customer will submit support requests through Provider’s designated support channels. Provider may prioritize requests based on severity, business impact, service plan, available information, and the applicable Order Confirmation.
3.5. Service Hours. Provider’s standard service hours are 7:30 a.m. through 5:00 p.m. Pacific Time, excluding Provider-observed holidays, unless the applicable order confirmation states otherwise. After-hours, weekend, holiday, or emergency Services may be subject to additional charges.
3.6. Excluded Services. Unless expressly included in an order confirmation, the Services do not include: (a) correction of issues caused by Customer, Authorized Users, third parties, unauthorized changes, misuse, negligence, or failure to follow Provider’s instructions; (b) support for unsupported, obsolete, end-of-life, unlicensed, or noncompliant systems; (c) data restoration not covered by an applicable backup service; (d) cybersecurity incident response, forensic investigation, legal compliance work, or breach notification services; (e) custom software development; (f) support for home networks or personal devices; or (g) services required due to force majeure events, outages, malware, ransomware, or security incidents, except to the extent expressly included in an order confirmation.
3.7. Out-of-Scope Projects. Customer acknowledges that the Services and support included under this Agreement and any applicable order confirmation are limited to the recurring managed services, support obligations, and other services expressly described in the applicable order confirmation. Any project, implementation, migration, upgrade, deployment, remediation, configuration change, new system installation, major software or hardware rollout, office move, custom development, or other work not expressly included in the applicable order confirmation will be considered out-of-scope project work. Provider is not obligated to perform out-of-scope project work unless the Parties agree to the project in writing, which may be documented through a separate order confirmation, change order, or other written authorization acceptable to Provider. Unless otherwise agreed in writing, out-of-scope project work will be charged separately on a time-and-materials basis at Provider’s then-current hourly rates, with any applicable after-hours, emergency, travel, materials, Third-Party Product, or expense charges billed in addition. Time estimates for project work are estimates only and are not fixed fees unless expressly stated in an accepted order confirmation. Provider may require Customer’s approval before commencing project work and may require a deposit, retainer, or advance payment for project work. Customer will pay all charges for approved project work in accordance with the payment terms of this Agreement.
3.8. Subcontractors. Provider may use subcontractors to perform Services, provided that Provider remains responsible for their performance to the same extent Provider would be responsible if it performed the Services directly.
4.1. Cooperation. Customer will reasonably cooperate with Provider and provide timely access to personnel, facilities, systems, networks, data, documentation, passwords, credentials, administrative privileges, licenses, equipment, and information reasonably required for Provider to perform the Services.
4.2. Accuracy of Information. Customer is responsible for the accuracy, completeness, legality, and timeliness of all information, materials, instructions, and approvals provided to Provider.
4.3. Authorized Contacts. Customer will designate one or more authorized contacts with authority to request Services, approve changes, provide instructions, and make operational decisions. Provider may rely on instructions from Customer’s authorized contacts.
4.4. Policies and Compliance. Customer is responsible for adopting, maintaining, and enforcing its own business policies, acceptable use policies, information security policies, legal compliance programs, data retention policies, privacy notices, and regulatory obligations, unless a specific responsibility is expressly assigned to Provider in an order confirmation.
4.5. Licenses and Rights. Customer will obtain and maintain all licenses, subscriptions, consents, permissions, and rights necessary for Provider to access, administer, configure, monitor, support, or otherwise use Customer’s systems, software, data, and Third-Party Products.
4.6. Backups. Customer is responsible for maintaining adequate backups of Customer Data unless backup services are expressly included in an order confirmation. If backup services are included, Customer remains responsible for confirming that the backup scope, retention period, recovery point objectives, and recovery time objectives satisfy Customer’s business and legal requirements.
4.7. Security Practices. Customer will use commercially reasonable security practices, including safeguarding credentials, promptly notifying Provider of suspected security incidents, not disabling security tools without Provider’s approval, and ensuring that Authorized Users comply with applicable security requirements.
4.8. Customer Delays. Provider is not responsible for delays, service failures, increased costs, or inability to perform caused by Customer’s failure to comply with this Agreement or an order confirmation.
5.1. Service Levels Only if Stated. Service levels, response targets, resolution targets, uptime commitments, maintenance windows, escalation procedures, service credits, or other performance commitments apply only to the extent expressly set forth in an applicable order confirmation.
5.2. Response vs. Resolution. Unless an order confirmation expressly states otherwise, any response time is a target for Provider’s initial response and is not a guarantee of resolution within that time.
5.3. Exceptions. Service levels do not apply to issues caused by: (a) Customer or Authorized Users; (b) Third-Party Products or third-party networks; (c) scheduled maintenance; (d) emergency maintenance; (e) force majeure events; (f) Customer’s failure to provide access, information, approvals, or cooperation; (g) unsupported or end-of-life systems; or (h) matters outside Provider’s reasonable control.
5.4. Exclusive Remedies. If an order confirmation provides service credits or other remedies for failure to meet a service level, those remedies are Customer’s sole and exclusive remedy for the applicable service level failure, except for Provider’s uncured material breach of this Agreement.
6.1. Fees. Customer will pay all Fees set forth in the applicable order confirmation. Unless the applicable order confirmation states otherwise, recurring Fees are billed monthly in advance and non-recurring Fees are billed upon order acceptance, project commencement, milestone completion, or delivery.
6.2. Expenses. Customer will reimburse Provider for reasonable out-of-pocket expenses incurred in connection with the Services, including travel, lodging, meals, shipping, parking, and materials, if approved in advance or specified in an order confirmation.
6.3. Taxes. Fees are exclusive of taxes. Customer is responsible for all sales, use, value-added, goods and services, excise, withholding, and similar taxes, duties, or governmental charges arising from this Agreement, excluding taxes based on Provider’s net income.
6.4. Payment Terms. Unless an order confirmation states otherwise, invoices are due within thirty (30) days after the invoice date. Customer will pay invoices without setoff, deduction, or withholding, except as required by law.
6.5. Late Payments. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Customer will reimburse Provider for reasonable costs of collection, including attorneys’ fees and collection agency fees.
6.6. Disputed Amounts. Customer must notify Provider in writing of any invoice dispute within fifteen (15) days after the invoice date, specifying the disputed amount and the basis for the dispute. Undisputed amounts remain payable when due. The Parties will work in good faith to resolve invoice disputes promptly.
6.7. Fee Adjustments. Provider may adjust recurring Fees upon renewal of the applicable order confirmation or upon at least ninety (90) days’ prior written notice, unless the applicable order confirmation states otherwise. Provider may also adjust Fees to reflect changes in users, devices, locations, licenses, consumption, Third-Party Product pricing, scope, or Customer-requested changes.
6.8. Suspension for Nonpayment. If Customer fails to pay undisputed amounts when due and does not cure the failure within ten (10) days after written notice, Provider may suspend Services until all overdue undisputed amounts are paid. Provider is not liable for losses arising from a suspension under this Section.
7.1. Third-Party Terms. Third-Party Products are subject to the applicable third-party provider’s terms, conditions, warranties, service levels, data processing terms, acceptable use policies, and support policies. Customer agrees to comply with all applicable third-party terms.
7.2. Procurement and Resale. If Provider procures or resells Third-Party Products for Customer, Customer authorizes Provider to place orders, accept applicable third-party terms on Customer’s behalf where necessary, and invoice Customer for applicable charges.
7.3. No Third-Party Warranty. Provider does not warrant Third-Party Products and is not responsible for failures, vulnerabilities, outages, errors, end-of-life decisions, price changes, data loss, support limitations, or acts or omissions of third-party providers.
7.4. Pass-Through Rights. To the extent permitted by the third-party provider, Provider will pass through to Customer any warranties, indemnities, service credits, or remedies made available by the third-party provider for Third-Party Products.
7.5. Administrative Access. Customer authorizes Provider to access and administer Third-Party Products as reasonably necessary to perform the Services. Customer remains responsible for all charges, usage, commitments, and compliance obligations associated with Third-Party Products.
8.1. Confidential Information. “Confidential Information” means nonpublic information disclosed by or on behalf of a Party that is marked confidential or that reasonably should be understood to be confidential given the nature of the information or the circumstances of disclosure, including business information, technical information, security information, pricing, Customer Data, credentials, network diagrams, vulnerabilities, and the terms of this Agreement.
8.2. Exclusion. Confidential Information does not include information that the receiving Party can demonstrate: (a) is or becomes publicly available without breach of this Agreement; (b) was known to the receiving Party without restriction before disclosure; (c) is received from a third party without breach of any duty; or (d) is independently developed without use of or reference to the disclosing Party’s Confidential Information.
8.3. Use and Protection. The receiving Party will use Confidential Information only to perform or receive Services, exercise rights, or fulfill obligations under this Agreement. The receiving Party will protect Confidential Information using at least reasonable care and no less than the care it uses to protect its own similar information.
8.4. Permitted Disclosures. The receiving Party may disclose Confidential Information to its employees, contractors, subcontractors, advisors, insurers, auditors, and legal counsel who have a need to know and are bound by confidentiality obligations at least as protective as those in this Agreement.
8.5. Required Disclosures. The receiving Party may disclose Confidential Information to the extent required by law, subpoena, court order, or governmental authority, provided that, to the extent legally permitted, it gives prompt notice to the disclosing Party and reasonably cooperates with efforts to seek confidential treatment.
8.6. Return or Destruction. Upon termination of this Agreement or upon written request, the receiving Party will return or destroy the disclosing Party’s Confidential Information, except that the receiving Party may retain copies required for legal, regulatory, archival, backup, insurance, or dispute-resolution purposes, subject to continued confidentiality obligations.
9.1. Customer Data. As between the Parties, Customer owns all Customer Data. Customer grants Provider a limited right to access, use, process, transmit, copy, store, and disclose Customer Data as necessary to provide the Services, comply with this Agreement, comply with law, and exercise Provider’s rights.
9.2. Data Processing Addendum. If Provider processes personal information, personal data, protected health information, cardholder data, or other regulated data on Customer’s behalf, the Parties will enter into any data processing addendum, business associate agreement, or similar agreement required by applicable law or specified in an order confirmation.
9.3. Security Measures. Provider will use commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data in Provider’s possession or control against unauthorized access, use, disclosure, alteration, or destruction.
9.4. Security Incidents. Provider will notify Customer without undue delay after confirming a security incident involving unauthorized access to Customer Data in Provider’s possession or control. Provider’s notice will include information reasonably available to Provider. Provider’s notice is not an admission of fault or liability.
9.5. Customer Environment. Customer acknowledges that no information technology service, security control, backup, disaster recovery solution, or monitoring service can guarantee uninterrupted operation, complete security, complete data recovery, or prevention of all cyberattacks, malware, ransomware, unauthorized access, or data loss.
9.6. Credentials. Customer is responsible for safeguarding credentials issued to Customer and Authorized Users. Provider may rely on the validity of credentials and instructions provided through Customer accounts unless Provider has actual knowledge of unauthorized use.
9.7. Regulated Data. Customer will not provide Provider with regulated data requiring special handling unless the applicable order confirmation identifies the regulated data and the Parties have agreed in writing to the required safeguards and obligations.
10.1. Customer Materials. Customer retains all rights in Customer Data and materials provided by Customer to Provider.
10.2. Provider Materials. Provider retains all rights in Provider Materials, including any improvements, modifications, enhancements, derivative works, or know-how developed before, during, or after performance of the Services.
10.3. Deliverables. Unless an order confirmation states otherwise, upon full payment of all Fees due for the applicable Deliverables, Provider grants Customer a non-exclusive, perpetual, worldwide, royalty-free license to use the Deliverables for Customer’s internal business purposes. This license does not transfer ownership of Provider Materials embedded in or used to create the Deliverables.
10.4. Feedback. Customer may provide suggestions, ideas, enhancement requests, or feedback regarding Provider’s services or products. Provider may use such feedback without restriction or obligation to Customer, provided that Provider does not disclose Customer’s Confidential Information.
10.5. Restrictions. Customer will not, and will not permit any third party to: (a) reverse engineer, decompile, or disassemble Provider Materials; (b) remove proprietary notices; (c) use Provider Materials to compete with Provider; or (d) copy, distribute, sublicense, or commercialize Provider Materials except as expressly permitted in this Agreement.
11.1. Mutual Authority. Each Party represents and warrants that it has the authority to enter into this Agreement and perform its obligations.
11.2. Services Warranty. Provider warrants that it will perform the Services in a professional and workmanlike manner. Customer’s exclusive remedy for breach of this warranty is for Provider, at its option, to reperform the nonconforming Services within a reasonable time or credit the Fees paid for the nonconforming Services.
11.3. Customer Warranty. Customer represents and warrants that it has all rights, consents, licenses, and authorizations necessary to provide Customer Data and Customer systems to Provider for purposes of providing the Services.
11.4. DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED OPERATION, ERROR-FREE OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
11.5. No Legal or Compliance Advice. Provider does not provide legal, regulatory, tax, accounting, insurance, or compliance advice. Customer is responsible for obtaining advice from qualified professionals regarding its legal, regulatory, and compliance obligations.
12.1. Provider Indemnity. Provider will defend Customer against any third-party claim alleging that Provider’s Services or Deliverables, as provided by Provider and used in accordance with this Agreement, infringe a U.S. patent, copyright, trademark, or trade secret, and will pay damages finally awarded or settlement amounts approved by Provider.
12.2. Exclusions from Provider Indemnity. Provider has no obligation for claims arising from: (a) Customer Data or Customer materials; (b) Customer’s instructions or specifications; (c) Third-Party Products; (d) modification by anyone other than Provider; (e) use in combination with items not provided by Provider; (f) use after Provider provides a non-infringing alternative; or (g) unauthorized or out-of-scope use.
12.3. Customer Indemnity. Customer will defend Provider against any third-party claim arising from: (a) Customer Data; (b) Customer’s or Authorized Users’ use of the Services in violation of this Agreement or law; (c) Customer’s systems, materials, instructions, or specifications; (d) Customer’s failure to obtain required rights, consents, or licenses; or (e) Customer’s breach of third-party terms for Third-Party Products, and will pay damages finally awarded or settlement amounts approved by Customer.
12.4. Procedure. The indemnified Party must promptly notify the indemnifying Party of the claim, provide reasonable cooperation, and grant the indemnifying Party control of the defense and settlement. The indemnifying Party may not settle any claim in a manner that admits fault by the indemnified Party or imposes non-monetary obligations on the indemnified Party without its prior written consent.
13.1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS, CORRUPTION, OR RECONSTRUCTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ORDER CONFIRMATION WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO PROVIDER UNDER THE APPLICABLE ORDER CONFIRMATION DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
13.2. Exceptions. The limitations in Section 13.1 do not apply to: (a) Customer’s payment obligations; (b) a Party’s indemnification obligations; (c) a Party’s breach of confidentiality obligations; (d) Customer’s violation of Provider’s intellectual property rights; or (e) liability that cannot be limited under applicable law.
14.1. Agreement Term. This Agreement begins on the Effective Date and continues until terminated under this Section. Termination of this Agreement automatically terminates any order confirmation then in effect.
14.2. Order Confirmation Term. Each order confirmation will begin on the effective date stated in the order confirmation and continue for the term specified in the order confirmation. If an order confirmation does not specify a term, it will continue until the Services under that order confirmation are completed or the order confirmation is terminated in accordance with this Agreement.
14.3. Renewal. Order confirmations may renew as stated in the applicable order confirmation. If an order confirmation provides for automatic renewal, either Party may prevent renewal by giving written notice of non-renewal at least sixty (60) days before the end of the then-current term, unless the order confirmation states otherwise.
14.4. Termination for Convenience. Either Party may terminate this Agreement or any order confirmation for convenience only if the applicable order confirmation expressly permits termination for convenience or the Parties otherwise agree in writing. Any early termination fees or minimum commitments stated in an order confirmation will remain payable.
14.5. Termination for Cause. Either Party may terminate this Agreement or any affected order confirmation if the other Party materially breaches this Agreement or the applicable order confirmation and fails to cure the breach within fifteen (15) days after written notice. If the breach cannot reasonably be cured, the non-breaching Party may terminate if the breaching Party does not begin cure within the cure period and diligently pursue cure.
14.6. Immediate Termination. Either Party may terminate this Agreement or any order confirmation immediately upon written notice if the other Party: (a) ceases doing business; (b) becomes insolvent; (c) makes an assignment for the benefit of creditors; (d) files or has filed against it a bankruptcy or similar proceeding that is not dismissed within seven (7) days; or (e) engages in unlawful conduct that materially affects the terminating Party.
14.7. Effect of Termination. Upon termination or expiration of an order confirmation: (a) Provider will stop providing the affected Services; (b) Customer will pay all Fees incurred through the effective date of termination, including non-cancellable commitments and Third-Party Product charges; (c) each Party will return or destroy Confidential Information as required by this Agreement; and (d) any licenses granted under the order confirmation will end, except as expressly stated otherwise.
14.8. Transition Assistance. Upon Customer’s written request, Provider may provide reasonable transition assistance at Provider’s then-current rates and subject to a mutually agreed written transition plan. Provider may require payment of outstanding undisputed amounts and advance payment for transition assistance as a condition of providing such assistance.
14.9. Survival. Any provisions that by their nature should survive termination will survive, including payment obligations, confidentiality, data return or destruction, intellectual property, disclaimers, indemnification, limitation of liability, dispute resolution, and general provisions.
15.1. Restricted Period. During the term of this Agreement and for twelve months after termination or expiration, Customer will not directly solicit for employment or engagement any Provider employee or contractor who performed Services for Customer, except through general solicitations not targeted at Provider personnel.
15.2. Remedy. If Customer hires or engages Provider personnel in violation of this Section, Customer will pay Provider a placement fee equal to fifty percent (50%) of the person’s annualized compensation, without limiting any other remedies available to Provider.
16.1. Good Faith Escalation. Before initiating litigation, a Party will provide written notice of the dispute and the Parties will attempt in good faith to resolve the dispute through business escalation. Either Party may seek injunctive or equitable relief at any time to protect Confidential Information, intellectual property, systems, data, or security.
16.2. Governing Law. This Agreement and all order confirmations are governed by the laws of the State of California, without regard to conflict-of-law rules.
16.3. Venue. The state and federal courts located in Orange County, California will have exclusive jurisdiction over any action arising out of or relating to this Agreement or any order confirmation, and each Party consents to personal jurisdiction and venue in those courts.
16.4. Attorneys’ Fees. The prevailing Party in any action arising out of or relating to this Agreement or an order confirmation is entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief awarded.
17.1. Independent Contractors. The Parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, fiduciary, employment, or franchise relationship.
17.2. Notices. Notices under this Agreement must be in writing and delivered by personal delivery, nationally recognized overnight courier, certified or registered mail, or email with confirmation of transmission to the notice addresses stated in the applicable order confirmation. Notices are effective upon receipt, except email notices are effective on the next business day after transmission if sent after 5:00 p.m. recipient local time or on a non-business day.
17.3. Assignment. Neither Party may assign this Agreement or any order confirmation without the other Party’s prior written consent, except that either Party may assign this Agreement and any order confirmation to an Affiliate or in connection with a merger, reorganization, sale of substantially all assets, or change of control, provided that the assignee assumes the assigning Party’s obligations. Any prohibited assignment is void.
17.4. Force Majeure. Neither Party is liable for delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, governmental actions, power failures, internet failures, telecommunications failures, cloud provider failures, cyberattacks, supply chain disruptions, or failures of third-party services.
17.5. Export Compliance. Customer will comply with all applicable export control, sanctions, and anti-corruption laws. Customer will not use the Services in violation of such laws or permit access by restricted persons or in restricted territories.
17.6. Publicity. Provider may identify Customer as a customer in Provider’s customer lists, proposals, and marketing materials unless Customer notifies Provider in writing that it objects.
17.7. Equitable Relief. A breach of confidentiality or intellectual property obligations may cause irreparable harm for which monetary damages are inadequate. The non-breaching Party may seek injunctive or equitable relief without posting bond.
17.8. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
17.9. Waiver. A waiver must be in writing and signed by the waiving Party. Failure to enforce a provision is not a waiver of future enforcement.
17.10. Amendments. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed or accepted by an authorized representative of each party via the Provider’s standard order confirmation acceptance process. An order confirmation may be amended as stated in Section 2 of this Agreement.
17.11. Counterparts; Electronic Signatures. This Agreement and any order confirmation may be executed in counterparts and by electronic signature or via electronic acceptance, each of which is deemed an original and all of which together constitute one instrument.
17.12. Entire Agreement. This Agreement, together with all order confirmations, exhibits, schedules, and amendments, constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior or contemporaneous agreements, proposals, negotiations, and understandings regarding that subject matter.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth above via electronic acceptance via the Provider’s online ordering portal.
By signing with Soaring Towers, you agree to the Microsoft Customer Agreement which details the
requirements for managing, interacting, and using Microsoft products. For the full agreement you can
visit https://www.microsoft.com/licensing/docs/customeragreement.
By signing with Soaring Towers, you agree to the privacy and conditions for SMTP2GO, our email relay vendor. For the full agreement you can visit https://www.smtp2go.com/terms/
By signing with Soaring Towers, you agree to the privacy and conditions for SIPPIO, our phone system provider. For the full agreement you can visit https://www.sippio.io/legal
Thank you for choosing to be part of our community at Soaring Towers (“Company”, “we”, “us”, “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at support@soaringtowers.com.
When you visit our website https://soaringtowers.com (the “Website”), use our mobile application, as the case may be (the “App”) and more generally, use any of our services (the “Services”, which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which, as described above, includes our Website and App), as well as, any related services, sales, marketing or events.
Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
Last updated: October 18, 2024
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
For the purposes of this Privacy Policy:
For the purposes of the CCPA/CPRA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Personal Data:
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Privacy Policies website article.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
The Company may use Personal Data for the following purposes:
We may share Your personal information in the following situations:
SMS consent or phone numbers for SMS aren’t shared with 3rd parties or affiliates. Data will not be shared with third parties for marketing or promotional purposes.
You have the option to receive text messages from Us. When You sign up for text messages, We will send you updates on promotional offers and more. If You choose to receive text notifications on Your Device, We will collect and store the information You provide, such as Your phone number and when You read a text message. You can opt out of receiving text messages at any time by texting “STOP” to Our text messages. It’s important to note that information regarding opting in for text messages will not be shared with third parties, except for aggregators and providers of the text message services. You have the option to receive text messages from Us. When You sign up for text messages, We will send you updates on promotional offers and more. If You choose to receive text notifications on Your Device, We will collect and store the information You provide, such as Your phone number and when You read a text message. You can opt out of receiving text messages at any time by texting “STOP” to Our text messages. It’s important to note that information regarding opting in for text messages will not be shared with third parties, except for aggregators and providers of the text message services.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Microsoft Clarity
Their Privacy Policy can be viewed at https://privacy.microsoft.com/privacystatement
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Soaring Towers CRM
Their Privacy Policy can be viewed at https://soaringtowers.com/privacy-policy/
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Authorize.net
Their Privacy Policy can be viewed at https://www.authorize.net/company/privacy/
Venmo
Their Privacy Policy can be viewed at https://venmo.com/legal/us-privacy-policy/
Zelle
Their Privacy Policy can be viewed at https://www.zellepay.com/legal/legal-and-privacy
The Company uses remarketing services to advertise to You after You accessed or visited our Service. We and Our third-party vendors use cookies and non-cookie technologies to help Us recognize Your Device and understand how You use our Service so that We can improve our Service to reflect Your interests and serve You advertisements that are likely to be of more interest to You.
These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies and to enable Us to:
Some of these third-party vendors may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit You to block such technologies. You can use the following third-party tools to decline the collection and use of information for the purpose of serving You interest-based advertising:
You may opt-out of all personalized advertising by enabling privacy features on Your mobile device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See Your mobile device Help system for more information.
We may share information, such as hashed email addresses (if available) or other online identifiers collected on Our Service with these third-party vendors. This allows Our third-party vendors to recognize and deliver You ads across devices and browsers. To read more about the technologies used by these third-party vendors and their cross-device capabilities please refer to the Privacy Policy of each vendor listed below.
The third-party vendors We use are:
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Bing Ads Remarketing
Bing Ads remarketing service is provided by Microsoft Inc.
You can opt-out of Bing Ads interest-based ads by following their instructions: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
You can learn more about the privacy practices and policies of Microsoft by visiting their Privacy Policy page: https://privacy.microsoft.com/en-us/PrivacyStatement
Twitter remarketing service is provided by Twitter Inc.
You can opt-out from Twitter’s interest-based ads by following their instructions: https://support.twitter.com/articles/20170405
You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/516147308587266
To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We may use third-party Service Providers to maintain and improve our Service.
Google Places
Google Places is a service that returns information about places using HTTP requests. It is operated by Google
Google Places service may collect information from You and from Your Device for security purposes.
The information gathered by Google Places is held in accordance with the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.
Collected: Yes.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Collected: Yes.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Collected: No.
Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Collected: Yes.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Collected: No.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
Category G: Geolocation data.
Examples: Approximate physical location.
Collected: No.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: No.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Collected: No.
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Collected: No.
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: No.
Category L: Sensitive personal information.
Examples: Account login and password information, geolocation data.
Collected: Yes.
Under CCPA/CPRA, personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA/CPRA), which may include the following examples:
Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.
If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
Please note that the categories listed above are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We may share, and have shared in the last twelve (12) months, Your personal information identified in the above categories with the following categories of third parties:
As defined in the CCPA/CPRA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information by the Business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
We do not sell personal information as the term sell is commonly understood. We do allow Service Providers to use Your personal information for the business purposes described in Our Privacy Policy, for activities such as advertising, marketing, and analytics, and these may be deemed a sale under CCPA/CPRA.
We may sell and may have sold in the last twelve (12) months the following categories of personal information:
Please note that the categories listed above are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been shared for value in return.
We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and We encourage parents and legal guardians to monitor their children’s Internet usage and instruct their children to never provide information on other websites without their permission.
We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.
The CCPA/CPRA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
Please see the “Do Not Sell My Personal Information” section and “Limit the Use or Disclosure of My Sensitive Personal Information” section for more information on how to opt out and limit the use of sensitive information collected.
Additionally, in order to exercise any of Your rights under the CCPA/CPRA, and if You are a California resident, You can contact Us:
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us must:
We cannot respond to Your request or provide You with the required information if We cannot:
We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.
For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.
As defined in the CCPA/CPRA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information by the Business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
We do not sell personal information as the term sell is commonly understood. We do allow Service Providers to use Your personal information for the business purposes described in Our Privacy Policy, for activities such as advertising, marketing, and analytics, and these may be deemed a sale under CCPA/CPRA.
You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA/CPRA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA/CPRA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.
Website
If applicable, click “Privacy Preferences”, “Update Privacy Preferences” or “Do Not Sell My Personal Information” buttons listed on the Service to review your privacy preferences and opt out of cookies and other technologies that We may use. Please note that You will need to opt out from each browser that You use to access the Service.
Additionally, You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.
Mobile Devices
Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:
You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.
If You are a California resident, You have the right to limit the use and disclosure of Your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average Consumer who requests such services or goods.
We collect, use and disclose sensitive personal information in ways that are necessary to provide the Service. For more information on how We use Your personal information, please see the “Use of Your Personal Data” section or contact us.
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.
California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, You can contact us:
Last updated: October 16, 2024
Please read these terms and conditions carefully before using Our Service.
The AGREEMENT (“Agreement”), is between you or the company you represent (“Client”) and Soaring Towers, LLC, a CALIFORNIA Limited Liability corporation with a principal office at 9415 Culver Blvd #355 Culver City CA United States 90232 (“Soaring Towers”) and is made effective (“Effective Date”) as of the date Customer first registers for Soaring Towers Managed Service offering. Customer and Soaring Towers are each a “Party” and collectively, the “Parties.”
By signing with Soaring Towers, you agree to the Microsoft Customer Agreement which details the
requirements for managing, interacting, and using Microsoft products. For the full agreement you can
visit https://www.microsoft.com/licensing/docs/customeragreement.
By signing with Soaring Towers, you agree to the privacy and conditions for SMTP2GO, our email relay vendor. For the full agreement you can visit https://www.smtp2go.com/terms/
By signing with Soaring Towers, you agree to the privacy and conditions for SIPPIO, our phone system provider. For the full agreement you can visit https://www.sippio.io/legal
By signing with Soaring Towers, you agree to the Sentinel One Ransomware Warranty which details the requirements for qualifying for the Sentinel One ransomware warranty and more. For the full agreement you can visit https://www.sentinelone.com/legal/ransomware-warranty/.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: California, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Soaring Towers, LLC, 9415 Culver Blvd, #355 Culver City, CA 90232
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Soaring Towers, LLC Four, accessible from https://soaringtowers.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
“Customer Data” means Customer’s IT infrastructure data (including Customer’s infrastructure, support incidents, network traffic data, and system logs pertaining to hosts, end points, and networking equipment which are accessed by or monitored by Soaring Towers as part of the Managed Services).
“Network as a Service (NaaS)” means the provision of network infrastructure and services from Soaring Towers to the customer.
“Term” means the subscription term of Managed Services as set forth in an ordering document.
“Soaring Towers Monitoring” means the Soaring Towers infrastructure monitoring managed services platform maintained and operated by Soaring Towers to gather and analyze Customer Data, and to generate alerts and reports on Customer Data.
“Soaring Towers Monitoring Appliance” means Soaring Towers’ data collection application, to be deployed and configured on all agreed upon devices on Customer’s devices and connected to Customer’s network.
“Update” activities mean the scheduling and remote implementation of software configuration changes to Customer’s virtual IT infrastructure. Except to the extent authorized in a separate professional services engagement, updates(s) excludes the performance of physical IT infrastructure installations, relocations, upgrades, modifications, or de-installations, as well as any services commonly known as “smart hands” services.
Customer retains, and Soaring Towers agrees to perform the services (the “Managed Services”) for Customer on the terms, conditions, and assumptions set forth in this Agreement and in one or more separately agreed Order (each, an “Order”).
The project is a joint effort between Soaring Towers and Client. Soaring Towers is not responsible for providing additional work or resources which are caused, directly or indirectly, by delay, omission or alteration of project scope by Client. Client shall reimburse to Soaring Towers any labor charges and/or expenses resulting, either directly or indirectly, from such delay, omission or alteration.
In the event of a conflict between a term found in this Agreement and in an Order, the terms of this Agreement shall prevail unless otherwise agreed by the Parties in writing.
Soaring Tower’s Managed Services are described in the Order (including any attachments thereto) to this Agreement. Customer acknowledges and agrees that:
Soaring Towers may publish and periodically update guides and support materials to provide more detailed delivery and configuration information for one or more of the Managed Services.
Customer will promptly acknowledge the receipt of, and familiarize itself with, such subscriber guides and work with Soaring Towers in good faith to implement any procedural or administrative changes to the delivery of Managed Services
Customer will ensure timely and unobstructed remote access for authorized soaring towers support and engineering personnel. Customer is required to inform soaring towers of any changes that would affect soaring towers’ ability to remotely access customer systems between three to five business days. If soaring towers is not notified within the stated dependency of three to five business days, soaring towers will therefore be excused from any managed services impairment or delays attributable to any changes affecting soaring towers’ remote access to customer environment.
Invoices shall be mailed to Customer at the address or completed digitally through Soaring Towers invoicing system. Customer shall pay correct invoices within thirty (30) days of receipt. Any past due amount is subject to a late charge in the amount of one and a half (1.5) percent per month or the maximum amount permissible by law, whichever is less, to defray Soaring Towers’ costs of carrying such balance. Customer shall notify Soaring Towers of any disputed invoices within twenty (20) days of receipt and pay the undisputed portion of such invoice. Without limiting its rights or remedies hereunder, and notwithstanding the parties’ rights, Soaring Towers reserves the right to immediately suspend or terminate or delay provision of its Managed Services and Soaring Towers may revoke any or all quantity discounts and/or credit extended, in the event of Customer’s failure to make timely payment. Customer shall pay all costs of collection, including reasonable attorneys’ fees.
Each party agrees to protect the other’s Confidential Information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. Soaring Towers will deliver to Customer all Confidential Information and all copies thereof (and all other property obtained from or through Customer) when Customer requests the same or immediately upon termination of this Agreement, whichever occurs earlier, except for one copy thereof that Soaring Towers may retain for its records. Neither party shall, except with respect to those of its employees or authorized agents (including any product manufacturers or licensors) who have a need to know in order to enable such party to perform under this Agreement, use or disclose to any person, firm or entity any Confidential Information of the other party without such other party’s express, prior written permission; provided, however, that notwithstanding the foregoing, Soaring Towers may disclose Confidential Information to the extent that it is required to be disclosed pursuant to a statutory or regulatory provision or court order.
Unless specifically noted above in “pricing summary”, the term of this Agreement will be effective as of the Effective Date indicated above and will conclude one (1) year after that date and will be auto-renewed for the contract length if a notice is not provided to Soaring Towers 60 days prior.
Soaring Towers’ standard business hours are Monday through Friday, 7:30 AM to 5:00 PM Pacific Time, excluding company observed holidays.
Soaring Towers observes the following holidays each calendar year:
New Year’s Day
Martin Luther King Jr. Day
Washington’s Birthday (Presidents’ Day)
Memorial Day
Juneteenth National Independence Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
During these observed holidays, Soaring Towers offices are closed and standard support services are unavailable unless otherwise expressly stated in a written agreement. Emergency support, if applicable, is governed solely by the terms of the client’s active service agreement.
Soaring Towers reserves the right to modify business hours or observed holidays at its discretion. Any material changes will be communicated through reasonable notice.
Shall be limited to the lesser of 5% or the change in the U.S. Department of Labor, Consumer Price Index (CPI) for the Urban Wage Earners and Clerical Workers, All Cities, (1982-100) for the 12-month period preceding the anniversary date of this Agreement, notwithstanding anything in the Agreement to the contrary.
Soaring Towers shall not be liable for any delays to its performance hereunder resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, severe weather conditions, failure of power, acts of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority, or the acts or omissions of Customer or its agents.
In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Customer will be enrolled to Soaring Towers referral program which dictates any businesses that are referred to Soaring Towers and sign up for a year engagement will receive the first full month of the referred company recurring monthly invoice applied as a discount to their monthly IT support engagement.
If you have any questions about these Terms and Conditions, You can contact us:
Thank you for choosing to be part of our community at Soaring Towers (“Company”, “we”, “us”, “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at support@soaringtowers.com.
When you visit our website https://soaringtowers.com (the “Website”), use our mobile application, as the case may be (the “App”) and more generally, use any of our services (the “Services”, which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which, as described above, includes our Website and App), as well as, any related services, sales, marketing or events.
Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
Last updated: October 18, 2024
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
For the purposes of this Privacy Policy:
For the purposes of the CCPA/CPRA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Personal Data:
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Privacy Policies website article.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
The Company may use Personal Data for the following purposes:
We may share Your personal information in the following situations:
SMS consent or phone numbers for SMS aren’t shared with 3rd parties or affiliates. Data will not be shared with third parties for marketing or promotional purposes.
You have the option to receive text messages from Us. When You sign up for text messages, We will send you updates on promotional offers and more. If You choose to receive text notifications on Your Device, We will collect and store the information You provide, such as Your phone number and when You read a text message. You can opt out of receiving text messages at any time by texting “STOP” to Our text messages. It’s important to note that information regarding opting in for text messages will not be shared with third parties, except for aggregators and providers of the text message services. You have the option to receive text messages from Us. When You sign up for text messages, We will send you updates on promotional offers and more. If You choose to receive text notifications on Your Device, We will collect and store the information You provide, such as Your phone number and when You read a text message. You can opt out of receiving text messages at any time by texting “STOP” to Our text messages. It’s important to note that information regarding opting in for text messages will not be shared with third parties, except for aggregators and providers of the text message services.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Microsoft Clarity
Their Privacy Policy can be viewed at https://privacy.microsoft.com/privacystatement
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Soaring Towers CRM
Their Privacy Policy can be viewed at https://soaringtowers.com/privacy-policy/
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Authorize.net
Their Privacy Policy can be viewed at https://www.authorize.net/company/privacy/
Venmo
Their Privacy Policy can be viewed at https://venmo.com/legal/us-privacy-policy/
Zelle
Their Privacy Policy can be viewed at https://www.zellepay.com/legal/legal-and-privacy
The Company uses remarketing services to advertise to You after You accessed or visited our Service. We and Our third-party vendors use cookies and non-cookie technologies to help Us recognize Your Device and understand how You use our Service so that We can improve our Service to reflect Your interests and serve You advertisements that are likely to be of more interest to You.
These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies and to enable Us to:
Some of these third-party vendors may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit You to block such technologies. You can use the following third-party tools to decline the collection and use of information for the purpose of serving You interest-based advertising:
You may opt-out of all personalized advertising by enabling privacy features on Your mobile device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See Your mobile device Help system for more information.
We may share information, such as hashed email addresses (if available) or other online identifiers collected on Our Service with these third-party vendors. This allows Our third-party vendors to recognize and deliver You ads across devices and browsers. To read more about the technologies used by these third-party vendors and their cross-device capabilities please refer to the Privacy Policy of each vendor listed below.
The third-party vendors We use are:
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Bing Ads Remarketing
Bing Ads remarketing service is provided by Microsoft Inc.
You can opt-out of Bing Ads interest-based ads by following their instructions: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
You can learn more about the privacy practices and policies of Microsoft by visiting their Privacy Policy page: https://privacy.microsoft.com/en-us/PrivacyStatement
Twitter remarketing service is provided by Twitter Inc.
You can opt-out from Twitter’s interest-based ads by following their instructions: https://support.twitter.com/articles/20170405
You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/516147308587266
To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We may use third-party Service Providers to maintain and improve our Service.
Google Places
Google Places is a service that returns information about places using HTTP requests. It is operated by Google
Google Places service may collect information from You and from Your Device for security purposes.
The information gathered by Google Places is held in accordance with the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.
Collected: Yes.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Collected: Yes.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Collected: No.
Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Collected: Yes.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Collected: No.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
Category G: Geolocation data.
Examples: Approximate physical location.
Collected: No.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: No.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Collected: No.
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Collected: No.
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: No.
Category L: Sensitive personal information.
Examples: Account login and password information, geolocation data.
Collected: Yes.
Under CCPA/CPRA, personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA/CPRA), which may include the following examples:
Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.
If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
Please note that the categories listed above are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We may share, and have shared in the last twelve (12) months, Your personal information identified in the above categories with the following categories of third parties:
As defined in the CCPA/CPRA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information by the Business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
We do not sell personal information as the term sell is commonly understood. We do allow Service Providers to use Your personal information for the business purposes described in Our Privacy Policy, for activities such as advertising, marketing, and analytics, and these may be deemed a sale under CCPA/CPRA.
We may sell and may have sold in the last twelve (12) months the following categories of personal information:
Please note that the categories listed above are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been shared for value in return.
We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and We encourage parents and legal guardians to monitor their children’s Internet usage and instruct their children to never provide information on other websites without their permission.
We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.
The CCPA/CPRA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
Please see the “Do Not Sell My Personal Information” section and “Limit the Use or Disclosure of My Sensitive Personal Information” section for more information on how to opt out and limit the use of sensitive information collected.
Additionally, in order to exercise any of Your rights under the CCPA/CPRA, and if You are a California resident, You can contact Us:
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us must:
We cannot respond to Your request or provide You with the required information if We cannot:
We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.
For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.
As defined in the CCPA/CPRA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information by the Business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
We do not sell personal information as the term sell is commonly understood. We do allow Service Providers to use Your personal information for the business purposes described in Our Privacy Policy, for activities such as advertising, marketing, and analytics, and these may be deemed a sale under CCPA/CPRA.
You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA/CPRA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA/CPRA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.
Website
If applicable, click “Privacy Preferences”, “Update Privacy Preferences” or “Do Not Sell My Personal Information” buttons listed on the Service to review your privacy preferences and opt out of cookies and other technologies that We may use. Please note that You will need to opt out from each browser that You use to access the Service.
Additionally, You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.
Mobile Devices
Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:
You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.
If You are a California resident, You have the right to limit the use and disclosure of Your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average Consumer who requests such services or goods.
We collect, use and disclose sensitive personal information in ways that are necessary to provide the Service. For more information on how We use Your personal information, please see the “Use of Your Personal Data” section or contact us.
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.
California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any questions about this Privacy Policy, You can contact us:
