Terms And Conditions and Privacy Policy

1. Terms And Conditions

I. Overview

READ THE FOLLOWING CAREFULLY BEFORE YOU ACCESS OR USE EASYCATORS.COM OR ANY AFFILIATED SITES (COLLECTIVELY, THE “SITE”), ON WHICH THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE POSTED. BY YOUR CONTINUED USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

The Agreement governs the relationship between you and Amberle LLC doing business as Easycators (the “Company”). All supplemental terms and rules issued by the Company that apply to the use of the Site, including those regarding Privacy and additional Disclaimers, form an integral part of this Agreement and are incorporated herein by this reference.

If you have any questions relating to the Site or Membership (as defined below), they can be sent to the attention of our Customer Service by email at the address provided below. The publication of electronic mail addresses is to facilitate communications relating to the use of the Site and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

You understand and agree that the Site is provided by Company and may be terminated or otherwise discontinued by Company at its discretion pursuant to this Agreement.

By accepting this Agreement, you agree that you will not:

Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Site, disclose your, or another person’s personally identifiable information;

Impersonate another person, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Company;

Download or copy any content, paid or free, except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use;

Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content except as expressly authorized in this Agreement;

Outside the Site, sell, advertise or post information granted to you through the Site by setting up an Account and paying your membership fee;

Probe, scan or test the vulnerability of the Site or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Site, Company’s systems or networks, or any systems or networks connected to the Site or Company.

II. No Recommendations or Advice Provided

Information contained on the Site is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how the Company and it’s representatives apply this information to the financial markets. Company is not a Financial Advisor, Securities Broker-Dealer or Registered Analyst. No information contained on the Website is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of ay company, security or fund.

Trading of stocks, options, futures and cryptocurrencies may not be suitable for everyone and involves risks. You should consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions. By accessing the Site you acknowledge the risks involved in trading the stock, options, futures and cryptocurrency markets and acknowledge that you, the user, are solely responsible for any losses, financial or otherwise, as a result of using this Site. Company cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You are responsible for conducting your own investment research and decisions. Company in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned on the Site or any linked site.

U.S. Government Required Disclaimer – Commodity Futures Trading Commission

Futures, options and stock trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures, options or stock markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures, options or stocks. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.

You should view our additional Disclaimers before continuing to use the Site. By accessing the Site you acknowledge and agree to the Disclaimers.

III. No Warranty

Company provides the Site on a commercially reasonable basis and does not guarantee that you will be able to access or use the Site at times or locations of your choosing, or that Company will have adequate capacity for the service as a whole or in any specific geographical location.

To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis, for use at your own risk. To the fullest extent permitted by law, Company disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with the Site or Content with which it is linked. Company does not warrant that the Site will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. We reserve the right to modify and/or discontinue the Site, or access thereto, at any time without notice. To the extent that you communicate with Company representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or this Agreement and this disclaimer and this Agreement apply to any information provided to you through such sources.

Company does not warrant that the Site or the servers that make the Site available will work with any particular hardware or software systems or configurations.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent prohibited.

Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

IV. Software

In addition to free content, Company provides Software for purchase. Software includes indicators, scans, columns, code, studies, and other software that may be offered by the Company. There are no refunds on the purchase of Software.

V. Refund Policy

All sales are final and there are no refunds for Software or any products purchased through the Site.

VI. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or Software) from the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on the Site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

VII. Coupons

Coupons are offered at the discretion of Company and may be granted, refused or adjusted at any time, with or without warning. Sometimes offers and discounts are made after you have purchased Software. It is within Company’s sole discretion to offer a coupon for the difference between your purchase price and the discounted price.

VIII. The Site is evolving and may result in changes to the Agreement.

You understand that the Site is an evolving one. Company may require that you accept updates to the Site. Company reserves the right to change, modify, add or remove portions of this Agreement, at any time, for any reason, with or without notice to you, or to do any of the following:

Modify, suspend, limit or terminate operation of, or access to, any portion of any feature or function of the Site or your Membership and/or any of its applicable policies or terms, including hours of availability;

Change any fees or charges that may be related to your use of the Service;

Change the equipment, hardware or software required to access the Service;

Interrupt the Service, or any portion of the Service, to perform routine or non-routine maintenance, error correction or other changes.

Any changes to the Agreement will be effective immediately upon notice, which Company may provide by any means, including, without limitation, by electronic posting, which will be effective immediately. You agree to check this Agreement periodically for the new provisions that govern the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to them.

VIV. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we use your personal information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

X. Intellectual Property

All content offered by Company on the Site, including, but not limited to, the free materials and content, Membership materials and content, seminars, software, any resources you receive through a representative of Company, and all logos, slogans, and taglines (collectively and individually, the “Content”), are protected by trademark and copyright laws.

You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform, display, create derivative works from, or in any way exploit such Content or distribute it in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Company expressly permits in this Agreement. Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Site, and further legal action.

XI. CAN-SPAM Compliant

Easycators is CAN-SPAM compliant, which allows for you to request we stop sending you emails. Our emails contain “unsubscribe” options, which you may use to stop receiving emails from Easycators. If you have any issues unsubscribing from our emails, please contact us at the email provided below.

XII. Indemnification

You agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ and experts’ fees and costs, arising out of your use of this Site, including information made available to you through this Site or the violation of this Agreement, including any breach of your covenants or agreements hereunder. In addition, you agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless for any act resulting directly or indirectly from this Site, its data, content, materials, associated pages and documents.

XIII. Limitation of Liability

You expressly understand and agree that, to the full extent permitted by applicable law, Company is not liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, loss of investments, goodwill, use, data or other intangible loss, arising in connection with this Site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line of system failure, even if the Company or its representatives are advised of the possibility of such damages, losses or expenses. Access hyperlinks to or from other internet resources at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by Company. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the Site and information on the Site is to stop using the Site.

In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of $100 or the aggregate cumulative amount paid by you to Company up to and including the time of the incurrence of such liability, if any, to access the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.

XIV. Termination and Survival

Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of these Terms and Conditions, including but not limited to those addressing privacy and content ownership, shall survive and remain in effect after such event. Furthermore, the following sections of these Terms and Conditions shall survive any termination or discontinuance of the Site or your access to it: Intellectual Property, Indemnification, Limitation of Liability, Privacy (and the Privacy Policy).

If you wish to terminate your Membership, you may do so by emailing [email protected]   Upon our acceptance of your request, your account and any personal information will be deleted (except for that information that we are required to keep in compliance of any applicable laws).

XV. Governing Law

Company administers and operates the Site from Nashville, Tennessee. This Agreement is governed by and construed in accordance with the laws of the State of Tennessee, without reference to its choice of law principles. The venue for any dispute will be Nashville, Tennessee. THE PARTIES EACH IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT.

XVI. Disclaimers

  1. The materials on the Site are provided on an ‘as is’ basis. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
  3. RISK DISCLAIMER: All forms of trading carry a high level of risk so you should only speculate with money you can afford to lose. You can lose more than your initial deposit and stake. Please ensure your chosen method matches your investment objectives, familiarize yourself with the risks involved and if necessary seek independent advice.
  4. U.S. Government Required Disclaimer – Commodity Futures Trading Commission. Trading financial instruments of any kind including options, futures and securities have large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the options, futures and stock markets. Don’t trade with money you can’t afford to lose.
  5. NFA and CTFC Required Disclaimers: Trading in the Foreign Exchange market is a challenging opportunity where above average returns are available for educated and experienced investors who are willing to take above average risk. However, before deciding to participate in Foreign Exchange (FX) trading, you should carefully consider your investment objectives, level of experience and risk appetite. Do not invest money you cannot afford to lose.
  6. EARNINGS DISCLAIMER: EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND ITS POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES, IDEAS OR PRODUCTS PRESENTED ON OUR WEBSITE. EXAMPLES ON OUR WEBSITE ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS.
  7. CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAN ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
  8. All information on this website or any product purchased from this website is for educational and research purposes only and is not intended to provide financial advice. Any statement about profits or income, expressed or implied, does not represent a guarantee. This training website is neither a solicitation nor recommendation nor an offer to buy or sell options, futures or securities. No representation is being made that any information you receive will or is likely to achieve profits or losses similar to any discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. Please use common sense. Get the advice of a competent financial advisor before investing your money in any financial instrument.
  9. Your use of this educational website indicates your acceptance of these disclaimers. In addition, you agree to hold harmless the publishers and owners personally and collectively for any losses of capital, if any, that may result from the use of the information or products on this website. In other words, you must make your own decisions, be responsible for your own decisions, and trade at your own risk.
  10. DISCLAIMER: Easycators IS NOT A CERTIFIED FINANCIAL ADVISOR AND NOTHING IN THIS WEBSITE IS AN ADVERTISEMENT OR RECOMMENDATION TO BUY OR SELL ANY FINANCIAL INSTRUMENT, AND NEITHER ARE ANY OF THE PRODUCTS OR CONTENTS OF THIS SITE OR OUR SOCIAL MEDIA CHANNELS INTENDED TO INSTRUCT YOU ON HOW TO MAKE TRADING OR INVESTING DECISIONS.
  11. Easycators is a service provided by Amberle LLC, a software company from Keizer, OR. We provide custom scripts and tutorials that complement and help people use the ThinkOrSwim trading platform from TD Ameritrade. Thinkorswim is a trading platform offered by TD Ameritrade, and this website is not affiliated with them in any way. TD Ameritrade provides financial services including the trading of Stocks, Futures, Options and Forex. None of our products are endorsed by TD Ameritrade or any of its affiliates.
  12. The Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site being linked to. Use of any such linked website is at the user’s own risk.

XVII. Affiliates

Some third parties may receive compensation or incentives for referring potential customers to our site. Affiliates may not use their referral links for their own purchases, and if this is discovered no payout will be made for those purchases.

XVIII. Entire Agreement

This Agreement (including all agreements and policies referenced herein) constitutes the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Company other than that of independent contractors. This Agreement may not be assigned by you.

Company’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Company of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.

If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement.

For any questions, please contact us at [email protected] or by using the provided contact form at the top of the site.

Updated Date: June 1, 2018

 


2. Privacy Policy

1. Introduction

Thank you for choosing Easycators!

At Easycators, we want to give you the best possible experience and most useful educational resources and training. To do this, we need to understand your needs and wants so we can deliver exceptional service specifically for you. That said, your privacy and the security of your personal data is, and will always be, enormously important to us. While the use of Easycators.com (“Site”) is possible without any indication of Personal Data, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. In processing this data, we want to transparently explain to you how and why we gather, store, share and use the personal data, as well as outline the controls and choices you have around when and how you choose to share your personal data.

As the controller, Easycators has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may, in principle, have security gaps. Absolute protection is not guaranteed. For this reason, every data subject is free to transfer personal data to Easycators via alternate means.

2. About this Policy

This Policy sets out the essential details relating to your personal relationship with Easycators. The Policy applies to all Easycators products and services and any associated services (referred to as the “Services”). The terms governing your use of the Services are defined in our Terms and Conditions (“Terms and Conditions”).

From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way we collect or process your personal data, we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services; they will be subject to this Policy.

The aim of this Policy is to:

      1. Ensure that you understand the personal data we collect about you, the reasons why we collect and use it, and who we share it with;
      2. Explain the way we use the personal data that you share with us in order to give you a great experience when you are using the Services; and
      3. Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.

We hope this helps you to understand our privacy commitments to you. For information on how to contact us if you ever have any questions or concerns, please see Section 16 below. Alternatively, if you do not agree with the content of this Policy, then please remember it is your choice whether you want to use the Services.

3. Your Rights

Under the new European Union law, General Data Protection Regulation (“GDPR”), certain individuals are granted certain rights in relation to their personal data. You have the following rights when submitting your personal data to us:

      • Right of Access – the right to be informed of and request access to the personal data we process about you;
      • Right to Rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
      • Right to Erasure – the right to request the deletion of your personal data;
      • Right to Restrict Processing – the right to request that we temporarily or permanently stop processing some or all of your personal data;
      • Right to Data Portability – the right to request your data in a structured, commonly used and machine-readable format and the right to transmit that personal data for use in another party’s service; and
      • Right not to be subject to Automated Decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

4. How do we collect your personal data?

We collect your personal data in the following ways:

      1. When you visit our Site – when you visit our Site, we collect certain personal data to help increase data protection, data security and ensure an optimal level of protection for the data that we process.
      2. When you sign up for Services – when you sign up for a Service, we collect certain personal data so you can use the Service, such as your email address, birth date, name, and payment information.
      3. Personal data collected that enables us to provide you with additional features/functionality – when you sign up for additional materials from Easycators, such as our newsletter or other marketing materials, or contact Easycator’s customer service through the Site, or participate in our blog comments, we collect certain personal information about you. You will always have the option to change your mind and withdraw your consent at any time.
      4. From third parties – we will receive personal data about you and your activity from third parties, including advertisers and partners we work with in order to provide you with the Service. We will use this personal data either where you have provided your consent to the third party or to Easycators to that data sharing taking place, or where Easycators has a legitimate interest to use the personal data to provide you with the Service.

5. What personal data do we collect from you?

We have set out in the tables below the categories of personal data we collect and use about you:

A. Personal data collected when you visit our Site

A1. General Data

This is the personal data that is collected by us to help optimize your experience when visiting our Site, as well as increase data protection, data security and ensure an optimal level of protection for the data we process.

We collect the following general data when you visit our site: (1) the browser types and versions used; (2) the operating system used by the accessing system; (3) the website from which an accessing system reaches our Site (so-called referrers); (4) the sub-websites; (5) the date and time of access to the Internet site; (6) an Internet protocol address (IP address); (7) the Internet service provider of the accessing system; and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When analyzing this general data, Easycators does not draw any conclusions about the data subject. Rather, we analyze the anonymously collected data and information statistically and anonymous data of the server log files are stored separately from all personal data provided by a data subject.

For more information, see our Cookie Policy in Section 11

B. Personal data collected when you sign up for the Service

B1. Account Registration Data

This is the personal data that is provided by you or collected by us to enable you to sign up for and use the Service. This includes your first and last name, email address, credit card number, billing address, and other information required to process your payment.

By registering on our Site, the IP address (assigned by the Internet service provider (ISP) and used by the data subject), date and time of registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and if necessary, to make it possible to investigate committed offenses.

B2. Payment Data

We may collect such personal data if you sign up for a Trial, Membership, Seminar or Software (as defined in our Terms and Conditions). The following personal data collected will vary, but will include information such as:

  • Name;
  • Credit or debit card type, expiration date, and certain digits of your card number;
  • Postal code;
  • Mobile phone number; and
  • Details of your transaction history.

C. Personal data collected that enables us to provide you with additional features and functionality

C1. Subscription to our Newsletter or Daily Video

This is the personal data that is provided by you to subscribe to our Newsletter or Daily Video. This includes your name and a valid email address. A confirmation email will be sent to the e-mail address registered by data subject for double opt-in purposes. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of registration, as well as the date and time of the registration. The collection of this data is necessary to understand the (possible) misuse of the e-mail address of a data subject.

You can unsubscribe from the email at any point in time. You may be contacted via email in the case that the newsletter offer is modified, canceled or materially changed, or in the event of a change in technical circumstances.

C2. Marketing Data

This personal data is used to enable Easycators and our partners/service providers to send you marketing communications either:

  • Via email;
  • Whilst using Service; and/or
  • Direct from the third party

You can unsubscribe from the email at any point in time.

C3. Contact via Website

The Site contains information that enables a customer to quickly engage our customer service team via email or a contact form. If a data subject contacts via email or a contact form, we may collect the following information: name, email address and phone number.

C4. Blog Comments Data

The Site allows for data subjects to leave comments on a blog published on the Site. If a data subject willingly leaves a comment on a blog, the comment made by the data subject, as well as the date and time of the comment and the data subject’s username are published on the site.

In addition, the IP address assigned by the Internet Service Provider (ISP) to the data subject is also logged.

Finally, if a data subject subscribes to follow comments on a blog post, we will collect their email address. An automatic confirmation email to check the double opt-in will be sent to the email. The option to subscribe to comments may be terminated at any time.

6. What do we use your personal data for?

When you use or interact with the Site, we use a variety of technologies to process the personal data we collect about you for various reasons. We have set out in the table below the reasons why we process your personal data, the associated legal basis we rely upon to legally permit us to process your personal data, and the categories of personal data (identified in Section 5) used for these purposes:

6a. To increase data protection and data security of our enterprise, to ensure an optimal level of protection for the personal data we process, and to optimize your use of Easycators.com

Legal basis for the processing purpose:

  • Consent
  • Legitimate Interest

Categories of personal data used by Easycators for the processing purpose:

  • General Data
  • Blog Comments Data

6b. To provide, personalize and improve your experience with the Service(s) and other services and products provided by Easycators, for example by providing customized or personalized content, recommendations, features and advertising on or outside of the Service (including for third party products or services).

Legal basis for the processing purpose:

  • Performance of a Contract
  • Legitimate Interest

Categories of personal data used by Easycators for the processing purpose:

  • Account Registration Data
  • Payment Data

6c. To send out our Newsletter or Daily Video to subscribers

Legal basis for the processing purpose:

  • Consent
  • Legitimate Interest

Categories of personal data used by Easycators for the processing purpose:

  • Subscription to our Newsletter or Daily Video

6d. To process your payment to prevent or detect fraud including fraudulent payments and fraudulent use of Services.

Legal basis for the processing purpose:

  • Performance of a Contract
  • Compliance with legal obligations
  • Legitimate Interest

Categories of personal data used by Easycators for the processing purpose:

  • Payment Data

6e. To communicate with you, either directly or through one of our partners, for Marketing, Research, Participation in contests, surveys and sweepstakes, or Promotional purposes via emails, notifications, or other messages, consistent with any consent you may have communicated to us or if there is a legitimate interest based on the Services you have purchased from us.

Legal basis for the processing purpose:

  • Consent
  • Legitimate Interest

Categories of personal data used by Easycators for the processing purpose:

  • Marketing Data

6f. To respond to customer inquiries.

Legal basis for the processing purpose:

  • Consent

Categories of personal data used by Easycators for the processing purpose:

  • Contact via Website

7. Sharing your personal data

We have set out the categories of recipients of the personal data collected or generated through your use of the Service.

Publicly available information

The following personal data will always be publicly available on the Service: your username and the date and time if you leave a comment on a blog post on the Site.

Personal data we may share

Recipient: Service Providers and Others

Reason: We use technical service providers which may operate the technical infrastructure that we need to provide the Service, in particular providers which host, store, manage and maintain the Easycators site and application, its content and the data we process. We use technical service providers to help us communicate with you, as described in Section 6 of this Policy. We use marketing and advertising partners to show you more tailored content, or to help us better understand your use of the Service, to provide you with a better experience. We also may share personal data with certain marketing and advertising partners to send you promotional communications about Easycators.

Recipient: Partners

Reason: If you access the Service through an offer that you received or purchased from a third party, we share personal data with that third party about your use of the Service, such as whether and to what extent you have used the offer, activated a Easycators account, or actively used the Service.

Recipient: Law Enforcement and Data Protection Authorities

Reason: We will share your personal data when we in good faith believe it is necessary for us to do so to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena. We also will share your personal data where we in good faith believe that it is necessary for our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, if we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.

Recipient: Purchasers of our business

Reason: We will share your personal data in those cases where we sell or negotiate to sell our business to a buyer or prospective buyer. In this situation, Easycators will continue to ensure the confidentiality of your personal data and give you notice before your personal data is transferred to the buyer or becomes subject to a different Privacy Policy.

8. Data retention and deletion

We keep your personal data only as long as necessary to provide you with the Service and for legitimate and essential business purposes, such as maintaining the performance of the Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of the Service.

If you request, we will delete or anonymize your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:

  1. If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
  2. Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
  3. Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.

9. Links

We may display advertisements and offers from third parties and other content that links to third-party websites. We cannot control or be held responsible for third parties’ privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the Service and any personal data you provide will not be covered by this Policy. Please read their privacy policies to find out how they collect and process your personal data.

10. Keeping your personal data safe

We are committed to protecting our users’ personal data. We implement appropriate technical and organizational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various policies including pseudonymization, encryption, access and retention policies to guard against unauthorized access and unnecessary retention of personal data in our systems.

Your password protects your user account, so we encourage you to use a unique and strong password, limit access to your computer and browser and log out after having used the Service.

11. Cookies

We may use cookies to personalize or enhance your user experience. Cookies are small pieces of text sent to your browser when you visit a site. They serve a variety of functions, like enabling us to remember certain information you provide to us as you navigate between pages on the Site. We use cookies to authenticate, personalize and secure your account as well as for analyzing performance and analytics.

You may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely used.

12. Children

The Service is not directed to children under the age of 18 years. However, in some countries, stricter age limits may apply under local law. Please see our Terms and Conditions for further details.

We do not knowingly collect personal data from children under 13 years or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, please do not use the Service, and do not provide any personal data to us.

If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to Easycators, please contact us at the email address noted in Section 16 below, and you may request exercise of your applicable rights detailed in Section 3 of this Policy.

If we learn that we have collected the personal data of a child under the age of 13 years, we will take reasonable steps to delete the personal data. This may require us to delete the Easycators account for that child.

13. California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. Compliance of the law is required by any company that reaches California consumers. According to CalOPPA, we agree to the following:

      • You may visit our site anonymously
      • We will add a link to the privacy policy on our home page
      • You will be notified of any privacy policy changes on our privacy policy page, through the “updated date” on the bottom of the page
      • You can change your personal information by emailing us at the email address noted in Section 16 below.

14. Changes to this Privacy Policy

We may occasionally make changes to this Policy.

When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. We may notify you in advance.

Please, therefore, make sure you read any such notice carefully.

If you want to find out more about this Policy and how Easycators uses your personal data, please contact us at the email address noted in Section 16 below.

15. CAN-SPAM Compliant

Easycators is CAN-SPAM compliant, which allows for you to request we stop sending you emails. Our emails contain “unsubscribe” options, which you may use to stop receiving emails from Easycators. If you have any issues unsubscribing from our emails, please contact us at the email address noted in Section 16 below.

16. How to contact us

Thank you for reading our Privacy Policy. If you have any questions about this Policy, please contact us at [email protected]

Updated date: June 1, 2018