Last Updated: May 8, 2023
2. CHILDREN USING THE SITE. Our Site is not intended for nor directed at children under 18 years of age. No one under age 18 may access the Site nor provide any personal information to or on the Site. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Site or on or through any of its features. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org
3. INFORMATION WE COLLECT ABOUT YOU, HOW WE COLLECT AND RETAIN IT.
We collect several types of information from and about users of the Site, including information:
a. By which you may be personally identified, such as name, postal address, e-mail address, location (city and state), Utility Account Credentials, Utility Data, and any other information the Site collects that is defined as personal or personally identifiable information under applicable law (“personal information”);
b. That is about you but individually does not identify you; and
c. About your internet connection, the equipment you use to access the Site and usage details.
We collect this information:
i. Directly from you when you provide it to us through your Account on the Site or through your participation in a Challenge;
ii. Automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and
iii. From third-parties to whom you have provided personal information and have authorized to share such information with us, for example, your Utility and our licensors and partners providing content on the Site.
We will also retain your usage details for internal analysis purposes. Usage details may be retained for a shorter period of time at our discretion, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer time periods.
4. INFORMATION YOU PROVIDE TO US. The information we collect that you provide to us on or through the Site may include:
a. Information that you choose to provide us through the Site. This includes information provided at the time of registering to use the Site or used to request services from us or from third-parties via the Site (including identifiers such as your name, location, email, Utility Account Credentials, and Utility Data). Certain of this information is optional to provide. We may also ask you for information when you report a problem with the Site.
b. Records and copies of your correspondence (including email addresses), if you contact us.
c. Your responses to surveys that we might ask you to complete.
d. Your search queries or activity logs on the Site. This “log data” may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing the Site, the time and date of your use of the Site, and other statistics.
5. INFORMATION WE COLLECT THROUGH THIRD-PARTIES & AUTOMATIC DATA COLLECTION TECHNOLOGIES. As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including details of your use of the Site and device and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third-parties. It helps us to improve the Site and to deliver a better and more personalized service, including by enabling us to:
a. Estimate our audience size and usage patterns;
b. Store information about your preferences, allowing us to customize the Site according to your individual interests;
c. Speed up your searches; and
d. Recognize you when you return to the Site.
The technologies we use for this automatic data collection may include:
i. Google Analytics (Google LLC). Google Analytics is a web analysis service provided by Google LLC. Google utilizes personal information collected to track and examine the use of the Site, to prepare reports on its activities, and to share them with other Google services. Google may use the personal information collected to contextualize and personalize the ads of its own advertising network.
ii. Platform Services and Hosting. These services have the purpose of hosting and running key components of the Site, therefore allowing the provision of the Site from within a unified platform. Such platforms provide a wide range of tools to the Owner (such as analytics, user registration, commenting, database management, e-commerce, payment processing) that imply the collection and handling of personal information.
iii. Displays of Content from Third-Party Platforms. This service allows you to view content hosted on external platforms directly from the pages of the Site and interact with them. This type of service might still collect web traffic data for the pages where the service is installed, even when users do not use it.
iv. Tag Management. This service helps us manage the tags or scripts needed on the Site in a centralized fashion. This results in your personal information collected flowing through these services, potentially resulting in the retention of personal information by Google Tag Manager, a service provided by Google LLC, the tag management service we use.
We also may rely on certain third-party services to help us collect and analyze this information. The collection and use of this information is governed by the privacy policies of the relevant thirdparty. To view the privacy policies applicable to the collection and use of information from you by these third-parties, please see our Terms of Service.
6. HOW WE USE YOUR INFORMATION. We use information that we collect about you or that you provide to us, including any personal information:
a. To present the Site and its contents (including content generated by algorithms we use on the Site) to you;
b. To provide you with information, products, or services that you request from us;
c. To fulfill any other purpose for which you provide it, including in connection with the creation of Challenge Data or for other purposes related to your participation in a Challenge as set forth in our Terms of Service;
d. To provide you with notices about your Account;
e. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
f. To notify you about changes to the Site or any products or services we offer or provide through it (in compliance with applicable law);
g. To personalize your experience on the Site, for example, to suggest content in which we think you may be interested;
h. To allow you to participate in interactive features on the Site, including to allow you to share information about your use of the Site through third-party social media services, and to provide you with better recommendations;
i. To detect, investigate, and prevent fraudulent transactions, abuse, and other illegal activities on the Site; to protect the rights, property, or safety of Users and others; to enforce compliance with our policies; and to comply with applicable law and government requests or enforce or manage legal claims or accounting and administrative tasks;
j. In any other way we may describe when you provide the information; and
k. For any other purpose with your consent.
7. DISCLOSURE OF YOUR INFORMATION. We share or disclose certain personal information of Users, as follows:
a. To our personnel, subsidiaries, and affiliates in order to provide you with our Services.
b. To third-parties we use to support the Site, including Stripe, Apple and Google.
c. To any third-parties who offer integrated products or services on the Site, if you request that such third-party provides you with their products or services using the Site. The use of your personal information by such third-parties will be governed by the terms of their applicable privacy policies.
d. To a buyer or other successor in the event of a sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about Users and Visitors is among the assets transferred.
e. To fulfill the purpose for which you provide it, including with respect to your participation in a Challenge and the publication of Challenge Data related to a Challenge, as set forth in out Terms of Service and any applicable Challenge Rules.
f. For any other purpose disclosed by us when you provide the information.
g. With your consent.
We may also disclose your personal information:
i. To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
ii. To enforce or apply our terms of service or other agreements between you and us; or
iii. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our Visitors, Users, Utility Connectors, or others.
Finally, we may also disclose aggregated information about Users and Visitors, and information that does not identify any individual, without restriction.
8. DISCLOSURE OF YOUR INFORMATION. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with control over the visibility of your personal information, which you can access by emailing us at email@example.com.
Please note that certain functions or features of the Site may not operate properly if you change your information sharing settings.
You may also send us an email to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your Account. If your Account is deleted, Challenge Data from any Challenge you participated in may not be deleted immediately. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Finally, you may use your mobile device, computer, or other internet-connected device’s settings to change how your device retains and uses information provided or collected by applications such as the Site operating on that device. We encourage you to familiarize yourself with your device’s settings before contacting us with a request to modify or delete any of your personal information.
9. YOUR DATA PRIVACY RIGHTS. Depending on your location of use of the Site and the location of your primary residence, you may have the right to exercise certain data protections, including the right to request that we delete, amend or provide you with access to your personal information. For example, California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us with your request by sending an email to email@example.com. You may also file a complaint with your local data protection authority about the use of your information on the Site.
The rights that you have, depending on the jurisdiction in which you live, may include:
a. Accessing, correcting, updating, or requesting deletion of your information.
b. Objecting to processing of your information, asking us to restrict processing of your information, or requesting the portability of your information.
c. Opting out from receiving marketing communications that we send you at any time. You can exercise this right by selecting the “unsubscribe” or “opt-out” link in the marketing emails we send you. Additionally, you may update your email preferences by changing the settings in your Account.
d. Withdrawing your consent at any time if we have collected and processed your information with your consent. Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent.
We are a controller of your information for data privacy purposes. Note that third-parties using or providing services to the Site may also be controllers of your information; you should contact these third-parties and review their privacy policies if you have questions regarding how they use the information you provide to them.
11. DATA SECURITY & TRANSFERS OF INFORMATION. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or via the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or Services.
We are based in the United States, and our Site is offered to persons located in the United States. As such, information about you will be transferred to, and processed in, the United States, which may not be your country of residence. Your country of residence may have data protection laws that are different to the laws of the United States and, in some cases, may not be as protective.
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