The makeSEA Commitment to Privacy
Your California Privacy Rights.
Omegabit, LLC, a California limited liability company which does business as makeSEA (“makeSEA”) is sensitive to your concerns about how we use the personal information we collect from you through the makeSEA.com website (the “Site”) and other plug-ins exchanging information with makeSEA (collectively, the “Applications”). The Site and Applications are sometimes collectively referred to as “Online Services” for simplicity.
makeSEA complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. makeSEA has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program and to view makeSEA’s certification, please visit https://www.privacyshield.gov/Program-Overview. When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve complaints regarding the transfer of your data that we cannot resolve with you directly.
By using the Online Services, you acknowledge that makeSEA will use your information in the United States and any other country where makeSEA has customers. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to these countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections.
1. What Information Do We Collect About Our Customers?
1.1. Traffic Data. makeSEA uses a number of internal and third-party methods to recognize visitor data like IP addresses and browser settings (collectively “Visitor Data”). The makeSEA internal servers and software automatically recognize Visitor Data. No Personally Identifiable Information is revealed in this process. The Site may use Visitor Data to compile traffic data about the types of visitors who use the Site at specific intervals (collectively “Traffic Data”).
An HTTP referrer is a tool that allows Web sites and servers to identify from where people are visiting for promotional or security purposes. We may have an HTTP referrer tool implemented on the Site which may track and maintain the identity of the Web site you visited immediately prior to visiting the Site.
We may use Traffic Data to analyze Site traffic, but this information is not examined for Personally Identifiable Information. We may also use Traffic Data to diagnose problems with our server(s), administer our Site, or display content according to your preferences. Visitor Data and Traffic Data may also be shared with business partners, affiliates, or advertisers on an aggregated and anonymous basis.
1.2. Personally Identifiable Information. makeSEA requires each customer to provide us with Personally Identifiable Information to access and use makeSEA products and services, including, but not limited to, the Online Services. Personally Identifiable Information is captured only when a visitor accesses our online signup features hosted by PayPal, Inc. (“PayPal”) or speaks on the phone with a makeSEA employee and willingly discloses that information. This disclosure may occur when a visitor registers for the Online Services, engages in transactions, contacts customer service, or participates in sweepstakes, promotions, surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, or other aspects of services offered by makeSEA from time to time.
1.3. Calls/Electronic Communications. In the regular course of our business, makeSEA may monitor and record phone conversations or email communications between you and makeSEA employees for training and quality assurance purposes. You consent to our recording of those conversations when you contact our customer service department by phone; if you do not wish to be recorded, please let the customer service representative know. Further, we may receive a confirmation when you open or click on content in an email from us, which helps us make our communications to you more useful and interesting. If you do not wish to receive email from makeSEA, you may unsubscribe from our mailing list on any of the promotional emails we may send. For so long as you maintain an account with makeSEA, we will continue to send you service-related e-mails regarding your account.
1.4. Children’s Privacy. makeSEA is concerned about the safety of children when they use the Internet and the Web site(s). Except as may be authorized through their particular educational institution and makeSEA, children (persons under the age of 18) are not eligible to use the Site unsupervised, and we ask that children do not upload any Work to the Repository, post any comments or reviews to our blog or electronic bulletin board, or submit any personal information to us. We will never knowingly request Personally Identifiable Information from anyone under the age of 18. We rely on the Personally Identifiable Information you supply and will filter based on birth year. Accordingly, we will not knowingly share any minor’s Personally Identifiable Information. You are responsible for any and all account activity conducted on your account including by a minor.
1.5. California Do Not Track Notice. Do Not Track (“DNT”) is a mechanism for allowing Internet users to control the tracking of their online activities across Web sites. Currently, various browsers (including, but not limited to, Internet Explorer, Firefox and Safari) offer a DNT option that relies on a technology known as a DNT header which sends a signal to Web sites visited by the browser user about the user’s DNT preference. You usually can access your browser’s DNT option in your browser’s preferences. We do not track our customers over time and across third party Web sites to provide targeted advertising and therefore currently do not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so third parties (particularly advertisers) know you do not want to be tracked.
2. How Do We Use the Information We Collect and Do We Share the Personally Identifiable Information We Receive?
2.1. How Do We Use the Information We Collect. We use information we collect from the Online Services to communicate with you, process your order(s), maintain the Repository and the attribution lineage for uploaded Work, facilitate your transactions with our third-party marketing or hosting partner(s) and/or other users of the Site, and inform you of offers and discounts. For example, you may receive a welcome email that confirms your username and password, and later receive communications responding to your inquiries, providing services you request, and managing your account. We occasionally send service-related announcements, for example, to alert you if we need to temporarily suspend the Site for maintenance. We may send promotional emails from time to time. You may not opt-out of service-related communications which are not promotional. If you would like to request information about what we collect, please feel free to call us at 800.803.1050 or write us at P.O. Box 15630, San Luis Obispo, CA 93401 as well. In accordance with California law and the GDPR, we will respond in writing to your request within thirty (30) days. In accordance with the GDPR, you have the right to obtain confirmation that your personal data is being processed and to access to your personal data and other supplementary information. Per the terms of the GDPR, this information will be provided free of charge; provided, however, if any request is manifestly unfounded or excessive, particularly if it is repetitive, you may be charged a reasonable fee or we may not respond.
2.2. Do We Share the Information We Receive? We share customer information with third parties only as follows:
2.2.1. Use of Personal Information. makeSEA, sometimes with the assistance of a third party or affiliate, may use your Personally Identifiable Information to process your payment through merchant account services, to generate the products and/or services you order, and to analyze our customer demographics. Your Contact Data may be used to follow up with you on transactions you initiate through Online Services, respond to inquiries made through Online Services, inform you of changes to Online Services, and send you additional information about makeSEA and its products and services. Unless specifically authorized by you, we do not provide Personally Identifiable Information to third parties for marketing purposes. Notwithstanding anything to the contrary contained herein, we may provide information to a third party in response to a subpoena, to otherwise comply with the law, or to detect, prevent or otherwise address fraud, security or technical issues.
2.2.2. Contact Data and Traffic Data. Contact Data and Traffic Data are used to gather general statistics about our customers and visitors. We may use Demographic Data to generate collective information about our users, but not in a way that identifies any user specifically. For example, we may inform third parties about the number of registered users and unique visitors and the pages most frequently browsed.
2.3. Service Providers. We may share Contact Data with companies that provide support services to us (such as a printer or email service provider) or that help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose.
3. Opting Out.
You may choose not to provide makeSEA with Personally Identifiable Information or you may turn off cookies in your browser by changing its settings. If you make these choices, you may continue to browse the Site’s pages. However, makeSEA cannot provide the Online Services or process orders without Personally Identifiable Information.
If you do not wish to receive promotional materials from makeSEA, you may opt-out when you create your account or unsubscribe from our mailing list on any materials we send. You may not opt-out of service-related communications, which are not promotional.
You can opt-out of promotional communications by following the unsubscribe instructions in any communication or by emailing us at email@example.com. It may take up to fourteen (14) business days to unsubscribe.
If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.
Opting out with makeSEA does not mean you have opted out with other users of the makeSEA® community or PayPal as it is used on the Site. Please consult these third parties’ respective privacy policies and related policies for information regarding any related opt out opportunities or an opportunity to withdraw your consent.
4. Website Areas Beyond makeSEA’s Control. The Site may include interactive forums such as message boards and chat rooms. Any Personally Identifiable Information disclosed in these areas is public and becomes public information. You should use caution when deciding whether to disclose your Personally Identifiable Information in these forums.
6. Other Transfers.
We may share Personally Identifiable Information and other data with businesses controlling, controlled by, or under common control with makeSEA. If makeSEA is merged, acquired, or sold, or if some or all of our assets or equity are transferred, we may disclose or transfer Personally Identifiable Information and other data in connection with the associated transactions.
9. Accessing and Changing Your Account.
9.1. User Access to Order Information. makeSEA will give you, or anyone listed as a contact for your account, information about your order(s). This may include information about the nature and status of your upload(s), Work and/or license(s), information you provided to process your order(s), payment information, and contact information. If you want someone to have access to your account, you must list them as a contact or they may not obtain such information. You may confirm who is listed as a contact for your account, add new contacts, or remove contacts by contacting makeSEA at Customer Service at (877) 411-2220 or via e-mail to firstname.lastname@example.org.
9.2. User Access to and Ability to Update Personally Identifiable Information. You may visit your personal account profile at any time by signing into PayPal or the Site and clicking on the “My Account” link. Through My Account, you may: (i) review and update your Contact Data; (ii) update billing data; or (iii) cancel the Online Services. If you want to access your personal data under the GDPR or remove your Personally Identifiable Information from our Site, you may contact us at email@example.com. makeSEA may maintain some or all of this data in its archives even after it has been removed from the Site.
9.3. Password Protection. To provide our customers with an increased level of security, online access to track your order(s) requires your e-mail address and corresponding order number(s) and your account is protected with a password you select. We strongly recommend you do not disclose your password to anyone. makeSEA will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages).
10. How Secure Is the Personal Information We Collect?
10.1. Our Commitment to Data Security and Disclaimers. We strive to make certain that our server(s) and connections incorporate the latest encryption and security devices. We have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect. Credit card and personal information are transmitted by secure servers. Documents are delivered to you via UPS or similar overnight delivery services, the United States Postal Service, or email. Unfortunately, no data transmission is guaranteed to be 100% secure and therefore we cannot guarantee the security of information you transmit to or from the Site, Applications, or using our Online Services. You provide this information at your own risk. makeSEA does not ensure or guarantee the security of any information you transmit to us or the accuracy of any information displayed on the Site, Applications or using our Online Services or in connection with or PayPal’s shopping cart or payment processing services. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WE DISCLAIM LIABILITY FOR THE THEFT, LOSS, OR INTERCEPTION OF, OR UNAUTHORIZED ACCESS OR DAMAGE TO, YOUR DATA OR COMMUNICATIONS. BY USING THE SITE, APPLICATIONS, AND OUR SERVICES YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ASSUME THESE RISKS.
IF YOU BELIEVE YOUR PRIVACY HAS BEEN BREACHED THROUGH USE OF OUR SITE, APPLICATIONS, OR OTHER ONLINE SERVICES PLEASE CONTACT US IMMEDIATELY AT
(877) 411-2220 OR VIA E-MAIL TO SUPPORT@MAKESEA.COM.
12. Your Responsibilities.
12.2. To the extent that you, as a data controller, process other makeSEA user(s)’ personal information outside of the Online Services, you may be required under applicable data protection and privacy laws to honor requests for data access, portability, correction, deletion, and objections to processing. Also, if you disclose Personally Identifiable Information without the licensee’s proper consent, you (not makeSEA) are responsible for that unauthorized disclosure. This includes, but is not limited to, disclosures you make or unintentional data breaches. For example, you may receive a licensee’s email address or other information as a result of entering into a transaction with that licensee. This information may only be used for makeSEA®-related communications and/or for makeSEA®-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the licensee’s consent, and subject to other applicable makeSEA® policies and laws, you may not add any makeSEA® user to your email or physical mailing list, use that licensee’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you (not makeSEA) are responsible for knowing the standard of consent and/or lawful basis required in any given instance.
12.3. If makeSEA and you are found to be joint data controllers of personal information, and if makeSEA is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of customer personal information, you shall indemnify makeSEA for all costs and expenses it occurs in connection with your processing of licensee personal information together with any damages and/or claims made against makeSEA for your use or misuse of the Personally Identifiable Information of any makeSEA user.
Effective Date: June 20, 2019
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