1 About, Applicability
This Privacy & Cookies Policy (“Policy” or “Notice”) describes the ways that www.commonace.com, our licensees and assignees (referred to in this Policy as “Common Ace”, “us”, “we” or “our”) collect, store, use, and manage the information, including personal information, that you (“you”, “your” or “user”) provide or we collect in connection with the website www.commonace.com (the “Site”) and other services provided to you by Common Ace or any Common Ace services (collectively, the “Services”).
2 Data Controller
Any personal data that is provided to or gathered by the Services is controlled by Common Ace, Inc., a company incorporated in California, with a mailing address at 12650 Huston Street, Los Angeles, CA 91607. If you have any questions about how we use and store your personal data or any requests regarding changing or deleting your personal data from Common Ace, please contact us at email@example.com.
You will be prompted to accept this Policy prior to being able to use the Services. By clicking “accept” you agree that you have read through this Policy and accept the terms and conditions set throughout.
4 Notice of changes
Common Ace reserves the right to revise this Policy in its sole discretion by posting an announcement on our Services or sending notice to your email regarding any substantial changes of the Policy, and you will be provided with options to delete your personal information from Common Ace.
5 Acceptance by continued use
Your continued use of the Site or Services after a revised version of this Policy has been posted by Common Ace to the Site constitutes your binding acceptance of such revision and the revised Policy.
Notwithstanding the preceding sentences of this paragraph, no revisions to this Policy will apply to any dispute between you and Common Ace that arose prior to the date of such revision.
6 No liability for actions of third parties
Common Ace is not responsible for the actions of third parties or companies, the content of their sites, the use of information you provide to them, or any products or services they may offer. Any link to those sites does not constitute our affiliation with those people or companies.
When you visit any Common Ace Site or use any Common Ace Services, you access linked pages, blogs, features, and content that is owned by Common Ace, including any information, text, graphics, photos, lists of items compiled by Common Ace, links, or other materials uploaded by Common Ace and made downloadable to you, any materials appearing on, or linked to the Services (collectively, the “Content”).
8 Personal data collected automatically. Use of data
While you are using our Services, your computer’s operating system, the mobile device you use, your Internet Protocol (IP) address, access times, browser type and your language preferences may be recorded automatically. We may use this information to monitor, develop and analyze your use of the Service.
I. THE COLLECTION, STORAGE AND SHARING OF YOUR PERSONAL DATA
9 Purpose of this Policy
This Policy provides notice to you regarding Common Ace’s treatment of Personal Information that Common Ace gathers when you access the Services and/or use the Content. We explain what data we collect, why we collect such data, how we store the collected data and what options you have regarding your personal information.
A. Types of Data We Collect
10 Non-personal data collected
We may collect two types of data and information from you:
The first type of information is non-identifiable and anonymous information (“Non-Personal Information”). We are not aware of the identity of the user from which we have collected Non-Personal Information. Non-Personal Information is any unconcealed information which is available to us while users are using the Sites. Non-Personal Information which is being gathered from your web browser when you interact with the Services consists of technical information and behavioral information, such as,
- the operating system,
- type of browser,
- screen resolution,
- the period of time the User visited the Site.
11 Personal data collected
The second type of information is individually identifiable information (“Personal Information”).
This information may identify an individual or may be of a private and/or sensitive nature. Personal Information which is being gathered consists of any personal details provided consciously and voluntarily by you including
- your name,
- email address,
- IP address,
- profile photo,
- age or birthday,
- links to your profiles on social networking websites and other third party sites,
- any other information you choose to provide to Common Ace.
12 Consent of users for collection of personal data
As customers, you do not have any legal obligation to provide any information to Common Ace. However, we require certain information from you to operate properly, including your payment information for completing a transaction on your behalf. We may also require your login credentials (email and username) if you choose to create an account with us.
You hereby agree and acknowledge that any Personal Information you do provide to us is provided at your own free will, for the purposes mentioned in this Policy, and that we may keep such Personal Information in a database(s) which will be registered and kept in accordance with applicable laws and regulations.
13 How long we keep personal data
We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes set out in this Policy.
14 Right to opt-out for promotional materials
If you no longer wish to receive promotional materials from Common Ace, you may opt-out from receiving them at any time by clicking on the “unsubscribe” option in the email or by emailing us at firstname.lastname@example.org.
B. Methods We Use to Collect Data
15 Registration and subscription data
We collect Personal Information when you register and open an account with Common Ace by completing the registration process on the Common Ace registration page. We receive and/or store any information you enter on the Services or in any way provide to us. We also collect Personal Information when you subscribe to our mailing list.
16 Payment, transaction data
Third parties (such as our partners’ websites) may collect information, including your personal information, payment information and transaction information if you elect to use such third parties’ services by clicking the redirecting links from our Site.
If you contact us, we may keep a record of that correspondence.
You can choose not to provide us with certain information, but then you may not be able to access or use many of our features (please see below for further information on the choices you have).
19 Usage of data received automatically
We receive and store certain types of information whenever you interact with our platforms or use any feature of our Service.
In other words, when you are using the Sites, we may gather, collect and store the information relating to such usage, either independently or through the help of third-party services as detailed below.
20 Usage data in aggregated form
More generally, our Services automatically collect usage information, such as the numbers and frequency of visits to our Services and its components.
Common Ace only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally.
This type of aggregate data enables us to figure out how often customers use parts of the Services or another feature of the Content so that we can make the Services appealing to as many customers as possible, and improve the Content.
21 Disclosure of aggregated data to third parties
As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Content. We share this type of statistical data so that our partners also understand how often people use our Content, so that they, too, may provide you with an optimal online experience. Again, Common Ace never discloses aggregate information to a partner in a manner that would identify you personally, unless it needs to complete a transaction on your behalf. Common Ace only discloses information to third parties it trusts.
22 Email delivery confirmations; Use of email confirmations
We often receive a confirmation when you open an email from Common Ace if your computer supports this type of program. Common Ace uses this confirmation to help us make emails more interesting and helpful. We also review our customer list to avoid sending unnecessary messages to our customers.
C. Why We Collect Your Data
23 Purpose of collecting data
Common Ace’s primary goals in collecting and using information is to create your account, provide Services to you, improve our Service, contact you, conduct research and create reports for internal use.
24 Purposes of collection non-personal data
Non-Personal Information is collected to create aggregated statistical data for research purposes and customization and improvement of the Sites.
25 Purposes of collection Personal data
Personal Information is collected to:
- Create a user’s account;
- Operate the Services;
- Communicate with you about our products, services, promotional offers and your orders;
- Administer your accounts and update our records;
- Display content and recommend merchandise and services that might be of interest to you;
- Improve our Services and platform, prevent or detect abuses of our Services and enable third parties to carry out technical, logistical or other functions on our behalf;
- Contact you for providing technical assistance, sale reminders and other related information to the
- Services and collect feedback;
- Use for market research, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity;
- Use for risk control, for fraud detection and prevention, to comply with laws and regulations, and to comply with other legal process and law enforcement requirements;
- Share with third-party contractors;
- Enforce Common Ace’s Terms & Conditions, and Privacy & Cookies Policy.
C. Where We Store Your Data
26 Place of storage and processing of personal data
We may transfer and/or store your Personal Information on servers and equipment in the United States.
Your Personal Information and data may also be processed and used by staff operating outside the United States who work for us or for our contractors.
Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment information, the communication with you and other support services.
By using Common Ace Services and providing your Personal Information to Sites, you agree to the transfer, storing and processing of your Personal Information. We take all reasonably necessary steps to ensure that your data is treated securely and in accordance with this Policy.
E. How We Secure Your Data
27 No guarantee of information security
Common Ace takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties.
Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems.
Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information.
We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
28 Users responsible for password confidentiality
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Services, you are responsible for keeping this password confidential. You must not share a password with anyone.
F. We Share Data with Third Parties
29 Share of data with third parties
We share your Personal Information only as described in this Policy and require commercial entities with which we share your Personal Information to agree to keep your information confidential.
30 No responsibility for third parties
We Do Not Control Other Websites. The Services may contain links to third-party websites and other sites not controlled by Common Ace.
31 Share of information with advertisers
We may share your Personal Information with selected third parties including advertisers and advertising networks that require the data to select and serve relevant advertisements to you and others.
Additionally, we may provide selected third parties including advertisers and advertising networks with aggregate data about our users (for example, we may share with them that 200 female users under the age of 35 have clicked on certain advertisement on a given day).
We may also use such aggregate data to help advertisers reach the kind of audience they want to target (for example, male above age of 40). We may make use of the Personal Information we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisements to targeted audience.
32 No control over advertisers; Opt-out
Please note that we do not control the advertisers and the advertisers may collect and use information about you, such as your device identifier, MAC address, IMEI, geo-location information and IP address. You may opt out on sharing such data by emailing email@example.com.
33 Share of information with search engines; Opt-out
We may share your Personal Information to analytics and search engine providers that assist us in the improvement and optimization of our platform. You can opt out of this feature by emailing firstname.lastname@example.org.
34 Social media features
Our Services may include social media features, such as the “star” feature embedded in user postings.
35 Share of information with contractors
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and Services to you. Unless we tell you differently, Common Ace’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.
II. INFORMATION WE COLLECT IN YOUR ACTIVITIES
A. User Profiles
36 Consent to Emails
When you register an account on Common Ace Services or subscribed to our mailing list, you consent to receive certain necessary emails or other communications from us, including, but not limited to communications regarding your use of the Services. If you do not wish to receive any communications, you should not register an account on Common Ace Services or subscribe to our mailing list. Notwithstanding, you have the absolute right to opt out from promotional communications even if you register an account for Common Ace Services, and you can opt out from our mailing list at any time.
From time to time, Common Ace might need to send you announcements and administrative messages. These communications are necessary for the operation of Services, which you may not be able to opt-out from receiving.
37 Access to user profile information
User profile information including your username, name, email address, and other information you enter may be displayed to other users to facilitate user interaction within the Services.
38 Use of emails
Email addresses are used to communicate and add new users.
39 Access to information in public areas
Any Personal Information or content that you voluntarily disclose online (in comments area, in postings, in messages and chat areas, through reviews in product pages, etc.) become publicly available and can be viewed, collected and used by others.
Any images, captions, physical descriptions, personal interests or other content that you submit to the Services may be redistributed through the Internet and other media channels, and may be viewed by the public. Please be aware that whenever information you voluntarily post to public areas on the Services or any other public forums, such information can be accessed by the public.
40 Use of emails
We may collect your email address when you contact our customer service group and we may use that email address to contact you about your user experience with Common Ace and notify you about company news and promotions.
If you no longer wish to receive certain email notifications, you may opt-out at any time by clicking “unsubscribe” or emailing us at email@example.com.
B. Business Transfers
42 Transfer of data to successors
In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Common Ace, or substantially of its assets were acquired, or in the unlikely event that Common Ace goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred to or acquired by a third party.
You acknowledge that such transfers may occur, and that any successor of Common Ace may continue to use your Personal Information as set forth in this Policy.
III. LEGAL COMPLIANCE
43 Right to disclose when legally required
We may release Personal Information when we believe in good faith that release is necessary to comply with the law, regulation or legal request; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Common Ace, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
You agree that we may also share your data with entities where Common Ace is engaged in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.
IV. YOUR ACCESS OF PERSONAL INFORMATION
44 Access and change of information
Common Ace allows you to access and view the following information, and in certain situations, to update that information:
- your name;
- your email address;
- phone number
45 Retaining of anonymized data
However, please note that although your Personal Information may be removed from our databases, Common Ace will retain the anonymous information contained in the data you provided, and such information will continue to be used by us for statistical purpose.
46 Automated deletion
After a user requests to delete any data, a manual process will begin to permanently delete the requested data. Once the process begins, it cannot be reversed and the data will be permanently deleted. Any kept shall be retained in an anonymized manner.
47 Retaining of deleted data
As a registered Common Ace user, you can always view, access, and change your information by logging into your account. You can delete your account by following our instruction by emailing firstname.lastname@example.org.
Similarly, Common Ace collects and retains usage data, other metadata and statistical information concerning the use of the Service, which is not subject to the deletion procedures in this Policy and may be retained by Common Ace. We may store unrevised information in our records.
Some data may also be retained on our third-party service providers’ servers.
You can always opt not to disclose certain personal information to Common Ace by emailing email@example.com.
However, if you opt not to disclose certain personal information, your access to certain Services may be restricted including your ability to register for Common Ace Services.
49 Deletion of account
Once your Common Ace account is activated, you may delete your account by following our instruction by emailing firstname.lastname@example.org. Please note that some information may remain in our records after you delete your account with Common Ace, but such information will be kept in an anonymized manner.
V. LEGAL NOTICES
50 Service not for children
We do not knowingly market or sell products for purchase by children. The Services are not designed for use by children under 13 years old. Children under 13 are not allowed to register with or use the Services, or submit personal data through the Services.
We do not knowingly collect personal data from anyone under the age of 13. If we discover that we have collected Personal Information from a child under 13, we will delete that information immediately and completely.
51 Opt Out of Legal Notice
If you choose not to receive legal notices from us, such as an update of this Policy, those legal notices will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes.
52 Changes to this Policy
Common Ace reserves the right to change this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used.
If we make substantial changes in the way we use personal data, we will notify you by posting an announcement on our Services or sending you an email.
Otherwise, all other changes to this Policy are effective as of the stated “Last Revised” date, and your continued use of Common Ace Services after the Last Revisited date will constitute your acknowledgement to those changes.
VI. COOKIES POLICY
A cookie is a small text file that is stored on a user’s computer for tracking and record-keeping purposes. Cookies alone cannot be used to identify you as they never contain personal information such as names and email addresses.
By using the Services, you consent to the cookies referenced above being dropped onto your computers and devices.
It is easy to change your cookie settings. Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, your online experience with the Services may be affected.
55 Blocking cookies
You can block any cookies by changing the settings on your browser or the settings on your mobile device. The “Help” feature on most browsers and the “Privacy” feature on most mobile devices will tell you how to disable cookies entirely, how to stop accepting new cookies and how to set up notifications when you receive new cookies.
Additionally, you can disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. However, if you use your browser settings to block all cookies (including necessary cookies) you may not be able to access all or parts of our Services.
Please see www.allaboutcookies.org for more information about blocking cookies on your particular browser.
A. Cookies we use
56 Types of cookies used
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our Services. They include, for example, cookies that enable you to log into certain areas of our Services. Without these cookies, we may not be able to provide the necessary services.
- Analytical/performance cookies. They allow us to track users’ activities on the Services which helps us to improve the features on the Services such as making popular features easier to access. These cookies collect anonymous information only and do not show identifiable personal information.
- Functionality cookies. These cookies are used to recognize you and remember your account settings and preferences.
- Targeting cookies. These cookies record your activities on the Services including the pages you have visited and the items you have liked. We use these cookies to make our Services and the advertisements displayed more relevant to your interests. We may also share this information with third parties for the same purpose.
- We also use the above cookies for conducting diagnostics to improve Common Ace’s Content, products and Services, fraud prevention and security.
57 Session ID and persistent cookies
We use both session ID cookies and persistent cookies, as well as your browser`s local storage for saving sessions, to make it easier for you to navigate our platform. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies via your browser’s ‘clear cookie’ function.
58 No control over third parties cookies
Please note that third parties such as advertising networks and web traffic analysis providers may also use the above cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
You can opt out of data collection or use by some of the analytics providers by contacting us at email@example.com.
VII. LIMITATION OF LIABILITY
60 Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMMON ACE AND ITS EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTENANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMMON ACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE OR ANY COMPUTER VIRUSES ON YOUR COMPUTER OR ELECTRONIC DEVICES. IN NO EVENT SHALL COMMON ACE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
61 Indemnification clause
You will indemnify and hold Common Ace and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any portion of this Policy. If you have to indemnify Common Ace under this Section, Common Ace will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Common Ace’s express written permission.
62 Right to assign
Common Ace has the right, at its election, to assign this Policy or any of its rights hereunder, or delegate any of its obligations hereunder in whole or in part, to any person, firm, or corporation. You will not have the right to assign or transfer any rights hereunder.
X. CLASS ACTION WAIVER
63 Class action waiver
Where permitted under applicable law, you and Common Ace agree that each may bring claims only against the other in your or its individual capacity, and not as a class member in any purported class or representative action. Unless both you and Common Ace agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
64 Arbitration clause
If a dispute arises from or relates to this Policy, your use of the Common Ace Site or Services or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree that any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds one hundred thousand dollars ($100,000), in which case the dispute shall be heard by a panel of three (3) arbitrators. The place of arbitration shall be Los Angeles, California. The arbitration shall be governed by the laws of the State of California. The prevailing party shall be entitled to an award of reasonable attorney fees, if awarded by the arbitrator(s).
65 Exemptions from arbitration clause
Notwithstanding the foregoing, if a third party claim is brought against either party for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of content which is contrary to the rights granted in this Policy, the parties shall not be bound by this arbitration provision and may defend themselves and make a claim against the other party in the appropriate court of law and/or equity.
In the event of a dispute arising out of this Policy and not subject to the arbitration provision above, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees.
XII. GOVERNING LAW
67 Governing law
This Policy shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.
68 Disputes resolution
The parties to this Policy agree that any claim or dispute arising under this Policy must be resolved by a court located in the county of Los Angeles, California, except as otherwise agreed by the parties or as described in the Arbitration provision above. The parties agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
XIII. CONSENT AND CHANGES
69 Consent to sharing of personal data with related parties
By using the Services, you consent to our sharing of personal data for the above purposes. We may share any of your personal data with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
For the avoidance of doubt, Common Ace may transfer and disclose Non-Personal information to third parties at its own discretion.
70 Entire agreement; Severability
This Policy contains the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes and replaces all prior negotiations or proposed agreements, written or oral.
The undersigned acknowledge that no other party, nor agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the undersigned to execute this Policy, and acknowledge that the undersigned have not executed this Policy in reliance upon such promise, representation or warranty not contained herein. You may be subject to additional Policy agreements that may apply when you use affiliate services, third-party content or third-party software.
Every provision herein is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
71 Contact details
If you have any questions about this Policy, the practices of Common Ace, or your dealings with the Sites or Services, please contact us at firstname.lastname@example.org.
This Policy has been drawn up in the English language. In case of discrepancies between the English text version of this Policy and any translation, the English version shall prevail.
Last Revised: January 6, 2020