PRIVACY STATEMENT

Above the Ish LLC Privacy Statement

Last Updated: May 29, 2018

 

Above the Ish LLC (referred to in this Privacy Statement as "ATI," "us," "we," "our"), understands that the privacy of your information is important to you, and we are committed to being transparent about how we use, share, and protect your information. To help further our commitment, we have developed this Privacy Statement to help you better understand the types of information we collect, why we collect it, how we will use it, and the various options you have to manage the privacy of your personal information.

 

Scope of this Privacy Statement

 

This Privacy Statement describes our privacy practices for the personal information we collect in the usual course of business, including through our services, sites, app, (collectively, "Services") and other initiatives such as marketing.

 

If you are located in the European Economica Area ("EEA"):

 

  • Please note that this Privacy Statement only applies where we process personal information about you as a data controller. It does not apply to Services where we process personal information as a data processor on behalf of a controller. When we are a processor, the privacy statement of the relevant controller on whose behalf we process will apply.

  • When we process your personal information as a data controller, Above the Ish LLC is the controller of your personal information and contact details are provided below under the heading "How to Contact Us".

 

We may provide additional "just-in-time" disclosures or additional information about the data collection, use and sharing practices of those specific Services. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we will process your personal information.

 

This Privacy Statement includes some important information, please take the time to read the entire Privacy Statement. Of course, if you have any questions please reach out to us.

 

1. WHAT INFORMATION WE COLLECT.

 

Information You Give Us.

 

  • Creating an Account. When you create an account, we collect information that allows us to set up or open your account, such as your email address, and password.

  • Customer Support and Feedback. When you reach out to us for support, give us feedback, participate in optional surveys, we may also collect information that you choose to share.

 

Information We Get From Third-Parties

 

We may also get information about you from other third parties where permitted by applicable law. For example, we receive information from:

  • Third-parties who help us to supplement the information you have provided and to ensure the accuracy of your information. For example, we use a third-party service provider to validate your email address.

  • Third party payment processors. For example, we may obtain service and support information or technical issues you have raised with these third parties.

 

Required Information

 

Some of the functionalities in our Service may require you to provide information to be able to use the Service. If you do not wish to provide the required information, you may not be able to use certain features or the Service. We will try to let you know what information is required and what information is optional. We may also combine information that you provided us with information about you that we get from other sources, in accordance with applicable law.

 

2. How Do We Use Your Information.

 

We use your information in various ways, including to:

  • Provide, Improve, Protect, and Deliver the Services. To provide you with the Services that you have accessed or requested; to provide technical support; to protect the security and safety of the Services, our customers, ATI, and others; or to otherwise operate our business.

  • Communicate with You. From time to time we may communicate with you, including to:

    • provide you with important information about the Services or your accounts, such as subscription related information.

    • send you information about ATI, other ATI products and services, special offers, product updates and new product releases.

  • Protect ATI and Others. To protect ATI, our customers, and others such as for combating fraud.

In general, we will use the personal information we collect from you only for the purposes described in this Privacy Statement or for purposes we provide at the time we collect your personal information.

 

3. How We Share Your Information.

 

We will never share your personal information. Your personal information is yours, and we deeply respect that. We will never sell your data to anyone, ever, period. Aside from the highly specific and highly-controlled situations in the next two sections below, we will never share your data with anyone.

 

Legal Reasons and Third Party Sub-Processors

 

  • For legal reasons. We may share your information with third-parties for legal reasons, including:

    • When we reasonably believe disclosure is required or permitted to comply with a subpoena, court order, or other applicable law, regulation or legal process;

    • To protect the rights, property, or safety of ATI, our Services, our customers, or others;

    • If we believe your actions are inconsistent with the spirit and language of our Terms of Service, policies or agreements;

    • To protect against or defend our Services against attacks;

    • To enforce, remedy, or apply our Terms of Service and other agreements; or

    • To prevent fraud and for debt collection.

  • For Server Hosting:

    • Code Shoppe

  • For Payment Processing:

    • PayPal

  • For Email Verification & Distribution

    • SendGrid

 

4. PROCESSING PERSONAL INFORMATION.

 

Our legal basis for collecting and using the personal information described in this Privacy Statement will depend on the type of personal information and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you, including details of any legitimate interest we rely on to process your personal information.

 

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the "How To Contact Us" heading below.

 

5. DATA RETENTION.

 

Unless you are from the EEA and specifically ask us to delete your personal information as explained in Section 7 "Individual Rights for EEA Users", we retain your information as long as is necessary to maintain your ATI account or to provide you with our Services. Once you have terminated your account or otherwise cease using our Services (including if we determine your account has gone inactive), we will no longer retain your information except to the extent necessary:

  • for our legal or regulatory compliance (e.g. maintaining records of transactions you have made with us), to exercise, establish or defend legal claims, and to protect against fraudulent or abusive activity on our Service; or

  • for general product improvement purposes in accordance with this Privacy Statement, provided that any data retained for this purpose will be used only for a limited period and handled securely and in confidence.

If we no longer need your information for the above purposes, we will generally delete or de-identify it in accordance with our standard data retention practices.

 

6. INDIVIDUAL RIGHTS FOR EEA CUSTOMERS AND USERS.

 

  • If you reside in the EEA, you have certain rights with respect to your personal information that we collect and process. We respond to all requests we receive from individuals in the EEA that are using a Service directed to the EEA wishing to exercise their data protection rights in accordance with applicable data protection laws. To file a request or take action on one of your rights, please contact us at via the contacts listed in the "How to Contact Us" heading below.

  • Access, Correction or Deletion. You may request correction of, or deletion of your personal information. You can often go directly into the Service under Account Settings to take these actions. To file a request, please contact us via the contacts listed in the "How to Contact Us" heading below.

 

Please note that even if you request for your personal information to be deleted, certain aspects may be retained for us to: meet our legal or regulatory compliance (e.g. maintaining records of transactions you have made with us); exercise, establish or defend legal claims; and to protect against fraudulent or abusive activity on our Service. Data retained for these purposes will be handled as described in Section 5 "Data Retention", above.

  • Objection and Restriction. You may object to our processing of your personal information or ask us to restrict processing of your personal information.

  • Portability. You may request portability of your personal information.

  • Withdraw Consent. If we have collected and processed your personal information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

  • File a complaint. You have the right to file a complaint with a supervisory authority about our collection and processing of your personal information.

 

7. SECURITY OF YOUR INFORMATION.

 

We understand that the security of your information is important to you. We provide appropriate technical and organizational security controls to protect your information. But, even with our best efforts, we cannot ensure or warrant the security of your information.

 

8. HOW TO CONTACT US.

 

If you have questions or comments about this Privacy Statement or our practices, please contact us:

 

9. CHANGES TO OUR PRIVACY STATEMENTS.

 

From time to time we may change or update our Privacy Statement. We reserve the right to make changes or updates at any time. If we make material changes to the way we process your personal information, we will provide you notice via our Service or by other communication channels, such as by email and, if required by applicable data protection laws, seek your consent to those material changes.

You can see when this Privacy Statement was last updated by checking the "last updated" date displayed at the top of this Privacy Statement. Please review any changes carefully.

 

10. COLLECTION AND USE OF CHILDREN'S PERSONAL INFORMATION.

 

Our Services are intended for and directed to individuals 18 or over and we do not knowingly collect personal information from minors.