Terms of Service
1. User’s Acknowledgment and Acceptance of Terms
These Terms of Service are effective as of today. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
2. Registration Data and Privacy
3. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications Services, message board, feedback form, or other interactive Services that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including images, text, communications, software, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar Services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
4. License Agreement
You hereby grant Alpine Smith a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license.
The license includes the right to use your Content in connection with Alpine Smith’s operation of the Site, provided such Content is attributed to you in accordance with the credits (i.e. business name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted by you.
Although we try our best to restrict the ability of users and visitors to the site to make high resolution copies of content posted on the Site, we makes no representation and warranty that content posted on the site will not be unlawfully copied without your consent. We do not restrict the ability of users and visitors to the site to make low resolution or ‘thumbnail’ copies of content posted on the site and you hereby expressly authorize Alpine Smith to permit users and visitors to the Site to make such copies of your content.
You are responsible for any content that you have posted to the site and that may be lost or unrecoverable through your use of the Services. We may, but have no obligation to, monitor content on the site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, or operate the Services properly. We may also refuse to post, remove, or require you to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these Terms of Service. If you believe any materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to firstname.lastname@example.org for copyright complaints.
5. Fair Usage Policy
This policy sets out an acceptable level of conduct relating to the use of our Services, it is designed to ensure that the Services received by the majority of the clients are not negative impacted by potential fraud and abuse of our product. We have the right to terminate any account immediately if it is determined that there is unlawful, prohibited, abnormal or unusual activity.
6. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information
By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Real Time Flowers Inc. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of Real Time Flowers Inc.
8. Unauthorized Use of Materials
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to us immediately. To be effective, the notification must include:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Please send it to: email@example.com
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the appropriate Copyright Office for adjudication.
We do our best to not get involved in account disputes. In the case that we cannot reasonably determine the rightful account owner, we reserve the right, in our sole discretion, to suspend the disputed account without notice to you.
9. Disclaimer of Responsibilities
ALL SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Apine Smith spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Service.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
10. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your negligent use or wilful misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
We provide multiple security options for you to protect the privacy of your content. You are encouraged to familiarize yourself with the various settings to help you properly manage your account. You hereby acknowledge and understand that all content you upload to the platform may become accessible to the public, and it may be used, downloaded, linked to, and archived by others, and may appear on other websites and in search engine results. We will take all reasonable effort to protect your account, privacy and content, however we cannot guarantee absolute security of your account and all the content you have provided. We cannot guarantee that our security measures will prevent any third party, or hackers from illegally gaining access to your account and content, and we assume no responsibility for any illegal access of your account and content as a result. You accept all risks of any unauthorized access to all information you provide to Alpine Smith, including but not limited to registration information, content, and account information. In the case that you are aware of any unauthorized access of your account, password and/or content, you must notify Alpine Smith immediately.
13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
In the event that you have obtained user information through Email Registration or Orders, you hereby consent that you will not use user information such as their name, email, and address in any manner except as may be specifically authorized by us. Emails collected through Email Registration and Orders may not be used for sending unsolicited emails that are not directly related to their gallery and without their explicit consent. You agree to safeguard this information and you may not share such information with any third parties.
14. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside North America, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
15. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org. Notices to you may be sent to the address supplied by you as part of your Registration Data. We may send you notifications triggered by certain actions in your account; you may opt out of some of these notifications by updating the settings in your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
17. Entire Agreement
These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
19. Contact Information
Except as explicitly noted on this site, the services available through this site are offered by https://www.actractorusa.com/. If you notice that any user is violating these Terms of Service, please contact us at email@example.com.
Thank you for using Alpine Smith’s services or visiting our website. We are committed to protecting the privacy of your data and this policy explains what we collect and how we use your personal information. This policy may be amended as we release new features, or when legal requirements arise. We encourage you to review this policy from time to time to stay informed of any changes that might affect you.
When we say “Alpine Smith”, “we”, or “us”. Alpine Smith provides users with tools and services to help businesses manage and sell more products/services online (the “Services”). When we say “Users”, we are referring to customers who are visiting our site or are using our Services. When we say “Clients”, we are referring to customers who are visiting or using our Users’ sites.
2. What information do we collect?
Account Information: To create an account, we collect your email address, business name, business website. To use the Services, we collect the information you voluntarily provided through your Account, including information about your Clients that you share with us (email addresses, names). For Clients who use the store functionalities in your gallery, we collect the information Clients provide during checkout.
Log data: When you access or use our website or services, our servers will automatically record log data which may include IP addresses, device and browser configurations, date and time of access, browsing times and loading errors if applicable.
Usage data: We may collect data on how you use the Services.
Information from third party services: We may collect information through other services you integrate with, information collected will be all in accordance with the authorization procedures of the services.
Additional information: We may collect additional information when you contact us for support, communicate with us via social media channels or contact us through third-party services.
3. How do we collect your information?
Information you provided directly: When you sign up for an account or use the Services, you provide account and transaction related information through your account. These may include your profile information, Client’s name, email and photos, your communication preferences. For Clients, these may include billing/shipping information provided when purchasing our templates or the use of Alpine Smith.
Information from other sources: We may collect information from other services such as third party service providers, payment processors, or advertising services. These may include device and location information, limited information on your card used for payment, prior visits to our website, or whether you opened an email campaign.
4. How do we use the information we collect?
We use the information collected primarily to provide you with the Services you signed up for and to support our legitimate interests in operating our Services and business.
To provide you with the services you signed up for: We will use the information you provided to enable you to create galleries, websites, to communicate with your Clients, to facilitate payment and order processing and any other services requested by you. This also includes sharing this information with third-party service providers in order to provide the services (such as emailing a Client). When we need to share information, we take the steps to ensure that only the necessary information is shared, and the information is protected and being used in accordance with this policy.
To maintain and improve our services: We use the information collected to analyze our site performance and measure the usage of features.
To verify your identity: When we need to authenticate your account to provide you support, or if concerns arise in regards to identity theft. We use the information to verify your identity.
To personalize your experience and advertise our services: We may use the information to conduct our advertising and marketing campaigns and referral program. You may opt out of certain ad targeting and retargeting services with the third-party advertising networks directly.
To communicate with you about our services: We will send you emails about transactions on your account, technical notices, and feature announcements. You may change your notification settings in your account, or contact us at any time.
To provide you with support: When you contact us for help, we will use the information to assist you in your use of the Services.
To meet legal requirements: We may need to use the information to comply with legal requests such as court orders, request by public authorities, and any other other appropriate legal mechanisms.
5. How do we share the information we collect?
Third-party Service Providers: We share your information with our third-party Service Providers who provide and support our Services. We will only share information that is necessary for the third-party to complete the service and require them to use the information a manner that is consistent with this policy. Examples of Service Providers include hosting and content delivery services, customer support management services and payment processors.
User’s instruction: We will share and disclose the personal information only on your instruction, provided the are part of the functionality of the Services and they are in compliance with applicable law.
Change in business: In the case of a merger, acquisition, financing, reorganization or sale, information collected may be shared on the basis that it is subject to standard confidentiality arrangements.
To comply with the law: Information may be disclosed if it is deemed necessary to comply with the law and court order, to protect the rights of individuals and to fulfill law enforcement requirements.
Marketing: We may share information with third-party advertising networks (such as Facebook and Instagram) in order to deliver relevant advertisements to you and to manage our communications with you. We do not use your content for this purpose.
6. How do we protect the information we collect?
Alpine Smith follows industry standards on the management of personal information. We employ technical and administrative safeguards intended to protect against accidental or unlawful destruction, loss, alteration and disclosure of personal information. We maintain security measures such as the use of redundancies and employ firewalls to protect against unlawful access and network vulnerabilities. No method of storage and transfer of information over the Internet is absolute secure, while we have safeguards in place, we cannot guarantee the absolute security of your personal information.
7. Data Retention
We will retain your information for as long as your account is active or as long as needed to provide you with the Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, to enforce our agreements and to protect our and others’ interests. We may continue to store your information for a reasonable amount of time after you cancel your paid subscription or becomes inactive, in the case that you wish to reactivate your account. You may delete your Account in your account dashboard or by contact us at firstname.lastname@example.org, in which case your information will be deleted. Anonymized information that are not identifiable to a person might be retained to help us improve our Services.
8. International information transfer
As part of providing the Services to you, your personal information might be transferred, stored or processed in a country other than where you are located. Alpine Smith will ensure the transfers will be completed in compliance with mechanisms that is recognized under the relevant Data Protection Legislation as providing an adequate level of protection for data transfers. Specifically for residents of the EEA, we will ensure the data transfer is completed in accordance to the Standard Contractual Clauses (EU Model Clauses) and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).
9. Your Rights
You have the rights over your personal information. Subject to any exemptions provided by law, we take reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. You can usually manage your information simply by logging into your account and editing your information directly in the dashboard. If you cannot perform these actions yourself, you can contact us at email@example.com for assistance. Please note that we may ask you for proof of account ownership and/or identity before fulfilling your request.
If you are located in the European Economic Area (EEA), we will normally collect personal information from you only where, a) we have your consent to do so, b) where we need your personal information to fulfill a contract with you, or c) where the processing is in our legitimate interest in providing the services. In most cases, if you do not provide the requested information, we will not be able to provide the service to you.
If you are a User and wish to exercise these rights, please reach out to us at firstname.lastname@example.org. If you are a Client of a User and wish to exercise these rights, please contact the User you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.
10. Contact information
Data Processing Addendum
This Data Processing Addendum (“DPA”) forms part of Alpine Smith’s Terms of Service (“Agreement”) between Real Time Flowers Inc. and the User. The User entered into this DPA on behalf of itself, the purpose of this DPA is to reflect the parties’ agreement with regard to the processing of Personal Data in accordance with the requirements of Data Protection Legislation as defined below.
“Data Protection Legislation” means all applicable legislation relating to data protection and privacy including the EU Data Protection Directive 95/46/EC and and 2002/58/EC and any regulations which amend or replace any of them, including the General Data Protection Regulation (GDPR).
“Data Processor”, “Data Controller”, and “Data Subject” shall be interpreted in accordance with applicable Data Protection Legislation.
“Subprocessor” means an third party services engaged by Alpine Smith to process personal data.
“Personal Data” means information relating to an identified or identifiable individual. This includes but not limited to information the User provided in their account and information relating to Clients who engages in a transaction through the User’s website.
Terms not otherwise defined here shall have the meaning as set forth in the Agreement.
2. Processing of Personal Data
2.1 The parties agree that User is the Data Controller and that Alpine Smith is its Data Processor in relation to Personal Data that is processed in the course of providing the Services. User shall comply at all times with Data Protection Legislation in respect of all personal data it provided to Alpine Smith pursuant to the Agreement.
2.2 Alpine Smith will process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with the Agreement or with instructions from the User (including instructions provided through the User’s Account).
2.3 User agrees that the Personal Data will be collected in compliance with Data Protection Legislation, including all legally required consents, approvals and authorizations. Upon Alpine Smith’s request, User shall provide adequate proof of having properly obtained all such necessary consents, authorizations and required permissions.
2.4 If Alpine Smith is required by law to process the Personal Data for any other purpose, Alpine Smith will provide the User with prior notice of this requirement, unless prohibited by law.
2.5 Alpine Smith may transfer Personal Data away from the location it which it was originally collected (i.e. outside of the EEA), in such case, Alpine Smith will ensure the transfers will be completed in compliance with mechanisms that is recognized under the relevant Data Protection Legislation as providing an adequate level of protection for data transfers.
2.6 Following termination of the Agreement, on the User’s request, Alpine Smith will delete all Personal Data processed, unless it is required by applicable law to retain the Personal Data.
3.1 Alpine Smith will implement and maintain appropriate technical and organizational measures to protect the Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected.
3.2 Alpine Smith will ensure that all Alpine Smith personnel required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations sets out in this DPA.
3.3 Alpine Smith will notify the User promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data. Alpine Smith will also take action to investigate the incident and reasonably prevent or mitigate the effects of the case.
4.1 Alpine Smith may use Subprocessors to process the Personal Data. The use of Subprocessor to process the Personal Data will be in compliance with Data Protection Legislation and will be governed by a contract between Alpine Smith and Subprocessor.
4.2 Sub processors will be permitted to process personal data only to deliver the services Alpine Smith has requested, and they shall be prohibited from using Personal Data for any other purpose. A list of our current Subprocessors is available upon request by sending an email to email@example.com.
4.3 In the case where the sub-processor further engages with other processor to process Personal Data, they will respect the obligations set out in this DPA.
5. Information Requests and Audits
5.1 Alpine Smith will promptly notify the User of any complaints, questions or requests received from Data Subjects regarding the Personal Data.
5.2 When applicable, Alpine Smith will assist the User in fulfilling your obligations in relation to Data Subject requests under the applicable Data Protection Legislation, to the extent that the information is available to Alpine Smith and that you cannot otherwise obtain the relevant information. User shall be solely responsible for responding to any Data Subjects’ requests and user shall reimburseAlpine Smith for the costs arising from this assistance.
5.3 Upon request, Alpine Smith will provide all reasonable assistance to the User in respect to exercising its audit rights. Given the purpose of the audit is to verify the Processing of personal data in accordance with this DPA. Prior to the audit, parties will agree on the duration and scope. The request from Users in this aspect shall be reasonable to the extent required by the Data Protection Legislation and Users will be responsible for any cost incurred with regards to the resources and time spent by Alpine Smith.
5.4 Upon your written request, Alpine Smith will destroy all Personal Data in its possession or return the Personal Data to User, as requested. This requirement will not apply to the extent Alpine Smith is required by applicable law to retain some or all of the User’s Data. User Data on backup servers is protected from any further processing, except to the extent required by applicable law.
6.1 This DPA only applies where the Personal Data originates from the EEA or is otherwise subject to the Data Protection Legislation through the process of Personal Data during the course of providing Services to the User.
6.2 The terms of this Addendum shall be governed by and interpreted in accordance with the laws of Canada applicable therein, without regard to principles of conflicts of laws.
6.3 In the event of any conflict or inconsistency between the terms of the Agreement and this DPA, the provisions of this DPA shall prevail. This DPA might be amended from time to time. Any claims brought under this DPA will be subject to the same terms and conditions, including the exclusions and limitations of liability, as are set out in the Agreement.
What are cookies?
Cookies are small pieces of text sent by us to your computer or mobile device to store information. Cookies are unique to your account or your browser, and they are used to enable Alpine Smith features and functionality. Session-based cookies are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire.
How is Alpine Smith using cookies?
Alpine Smith cookies
These cookies are essential for our services to work as intended. You may disable these cookies but various parts of our services may become unavailable. Some of these cookies include, but are not limited to:
- PHPSESSID – Provides a unique session identifier for Users
- Referral – Tracks referral code for account creation
- XSRF-Token – Prevents Cross-site Request Forgery
These are third party services that we use for purposes as described:
- Google Analytics – We use Google Analytics to help measure how users interact with our websites – https://policies.google.com/privacy
- Facebook – We use Facebook Pixels and Custom Audiences to deliver targeted advertisements to individuals who visit our websites – https://www.facebook.com/policy.php
How do I control cookies?
Please keep in mind that removing or blocking cookies will make parts of our website no longer accessible. Most browsers accept cookies automatically but they also give you the ability to manage cookies. You can typically find cookie control in your browser’s “Tools” or “Preferences” menu, giving you ability to disallow cookies from all or specific sites. For more information on how to block, manage or filter cookies, you can learn more about through your browser’s help file or by visiting websites like http://www.allaboutcookies.org.
You are also able to opt-out of third party advertiser such as Facebook and ad networks that adhere to the Self-Regulatory Principles for Online Behavioral Advertising by visiting the Digital Advertising Alliance, the Digital Advertising Alliance of Canada and the European Interactive Digital Advertising Alliance.
We currently do not respond to “Do Not Track” or “DNT” signals because industry standards for “DNT” signals have not been adopted. We will continue to make efforts to monitor the developments surrounding DNT technology. To learn more, you can visit https://allaboutdnt.com.
How often will you update this Cookie Statement?