Last updated July 1st, 2020
Thank you for choosing to be part of our community at AKIUS INC, doing business as AKIUS (“AKIUS”, “we”, “us”, or “our”). We are committed to protecting your personal information and your rights to personal data protection and to privacy. No matter where you are, where you live, or what your citizenship is, we provide a high standard of privacy protection to all our users around the world, regardless of their country of origin or location. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at email@example.com
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
In order to provide you with the functionalities we provide you, we have to collect and process personal data.
“Personal Data” means any information relating to a natural person, who can be identified, directly or indirectly, from data that we hold about them or from data that is combined with other information
Personal information you disclose to us
In Short: We collect personal information that you provide to us such as your full name, mailing address, email address, credit and/or debit card and other payment information, telephone number, photographs and other User Content (as defined in the Akius Terms).
We collect personal information that you voluntarily provide to us when registering at the Services and Apps, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services and Apps (such as attending “Shows” via the Akius App, recording segments of the sessions you attend, for your own personal use or for sharing on the social networks, of your choice) or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Services and Apps, the choices you make and the products and features you use. The personal information we collect can include the following:
Publicly displaying Personal Information. We collect first name, last name, or nickname you give yourself when using the Services and Apps; ID; email addresses; and other similar data.
Personal Information Provided by You. We collect login, password, telephone number, credit and/or debit card and other payment information, photographs and other User Content (as defined in the Akius Terms); app usage data; and other similar data.
Social Media Login Data. We may provide you with the option to register using social media account details, like your Facebook, Google Account or other social media account. If you choose to register in this way, we will collect the Information described in the section called “HOW DO WE HANDLE YOUR SOCIAL LOGINS” below.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our Services or Apps or from third party sources.
We automatically collect certain information when you visit, use or navigate the Services or Apps. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services or Apps and other technical information. This information is primarily needed to maintain the security and operation of our Services or Apps, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookies Policy: https://akius.com/cookies/ .
Online Identifiers. When using Services, we collect devices; device’s geolocation; applications; and other similar data.
Information collected through our Apps
In Short: We may collect information regarding your geo-location, mobile device, push notifications, when you use our apps.
If you use our Apps, we may also collect the following information:
- Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
- Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s camera, contacts, microphone, social media accounts, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
- Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
- Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Information collected from other sources
In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL, and any other pertinent information if you have chosen to make them public); marketing leads and search results and links, including paid listings (such as sponsored links).
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract established when you register yourself on our Services and Apps through your acceptance of Terms of Services, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services or Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of our contract with you. See the section below headed “HOW DO WE HANDLE YOUR SOCIAL LOGINS” for further information.
- To send you marketing and promotional communications on our Services and those of selected third parties, based on our legitimate interest or that of a third party to develop and further improve our Services. We and/or our third party marketing partners may use your personal information for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
- Fulfill and manage your show entry purchasing orders, under the contractual obligations. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services or Apps.
- To post video testimonials in order to develop our legitimate business interest of expanding the market. We post video testimonials on our Services or Apps that may contain personal information. Prior to posting a video testimonial, we will obtain your consent to use your image. If you wish to update, or delete your testimonial, please contact us at firstname.lastname@example.org and be sure to include your name, video testimonial location, and contact information.
- To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
- To enforce our terms, conditions and policies for legitimate Business interests, Legal Reasons and Contractual.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order, under our contract with you.
- To deliver services to the user, including but not limited to pay right holders for shows you attend via the Akius app. We may use your information to provide you with the requested services, under our contract with you.
- To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
- To prevent and detect fraud, as of our legitimate interests or that of a third party, ie to minimise fraud that could be damaging for us and for you.
- To comply with any applicable law
- To ensure the confidentiality of commercially sensitive information, under our legitimate interests or those of a third party, ie to protect trade secrets and other commercially valuable information
- To comply with our legal and regulatory obligations, ensuring business policies are adhered to, eg policies covering security and internet use. For our legitimate interests or those of a third party, ie to make sure we are following our own internal procedures so we can deliver the best service to you.
- Statistical analysis to help us manage our business, eg in relation to our financial performance, customer base, product range or other efficiency measures, based upon our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price.
- Preventing unauthorised access and modifications to systems in order to prevent and detect criminal activity that could be damaging for us and for you, in compliance with our legal and regulatory obligations and based upon our legitimate interests or those of a third party.
- For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services or Apps, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services under our contract with you, to protect your rights, or to fulfill business obligations.
We may process or share data based on the following legal basis:
- Consent: We may share your data if you have given us specific consent to this end in a specific purpose.
- Legitimate Interests: We may share your data when it is reasonably necessary to achieve our legitimate business interests, or necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud and illegal activities, or as evidence in litigation in which we are involved.
- Performance of a Contract: Where we have entered into a contract with you, we may share your personal data and information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe to be in situations involving potential threats to the safety of any person.
More specifically, we may need to share your data or share your personal information in the following situations:
- Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services or Apps, which will enable them to collect data about how you interact with the Services or Apps over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
- Other Users. When you share personal information or otherwise interact with public areas of the Services or Apps, such personal information may be viewed by all users and may be publicly distributed outside the Services or Apps in perpetuity. If you interact with other users of our Services or Apps and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services or Apps, and view your profile.
You may opt-out of receiving targeted ads from certain advertisers and ad networks by clicking here (or if you are located in the European Union click here (provided by YourChoicesOnline.eu). Please note this does not opt you out of receiving all advertising and that your opt-out will only be in relation to the specific advertising. You will continue to receive advertising for which you have not opted out.
5. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.
Our Services or Apps offer you the ability to register and login using your third party social media account details (like your Facebook or Google logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, and profile picture.
6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other than your own.
Our servers are located in United States. If you are accessing our Services or Apps from outside United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see “WILL YOUR INFORMATION BE SHARED WITH ANYONE?” above), in United States, and other countries.
If you reside in a jurisdiction that imposes “data localisation” or “data residency” obligations (i.e., requiring that Personal Data of its residents be kept within the territorial boundaries of such jurisdiction), and this fact comes to our attention, we may maintain your Personal Data within such territorial boundaries, if we are legally obligated to do so.
You acknowledge that while doing so, we may continue to collect, store and use your Personal Data elsewhere, including in the United States of America as explained above.
European Commission’s Standard Contractual Clauses:
Such measures implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between us and our third-party providers, which require all such recipients to protect personal information that they process from the EEA in accordance with European data protection laws. Our Standard Contractual Clauses can be provided upon request.
7. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our Services and Apps.
8. HOW LONG DO WE KEEP YOUR INFORMATION?
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
9. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services or Apps is at your own risk. You should only access the services within a secure environment.
We therefore encourage you to set strong passwords for your Akius account, and avoid providing us or anyone with any sensitive information of which you believe its disclosure could cause you substantial or irreparable harm. Furthermore, because certain areas on our Services are less secure than others, and since e-mail and instant messaging are not recognized as secure forms of communications, we request and encourage you not to share any Personal Data on any of these areas or via any of these methods.
Public forums and user content
Our Services may offer publicly accessible blogs, communities and support forums. Please be aware that any information you provide in any such areas may be read, collected, and used by others who access them. In some cases, we may not be able to remove your Personal Data from such areas. For example, if you use a third party application to post a comment (e.g., the Facebook social plugin application) while logged in to your related profile with such third party, you must login into such application or contact its provider if you want to remove the Personal Data you posted on that platform.
In any event, we advise against posting any information (or use any posting means to post information) you don’t wish to publicize on these platforms.
If you upload any content to your Akius account and provide it in any other way as part of the use of any Service, you do so at your own risk.
We have put adequate security measures in place to protect your Personal Data. However, we cannot control the actions of other Users or members of the public who may access your User Content, and are not responsible for the circumvention of any privacy settings or security measures you may have placed. You understand and acknowledge that, even after its removal by you or us, copies of content may remain viewable in cached and archived pages or if any third parties have copied or stored such content. To clarify, we advise against uploading or posting any information you do not wish to be public.
10. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
You have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. We still recommend that you contact us first. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Here are a number of important rights regarding your Personal Data, including rights to:
- Require us to correct any mistakes in your Personal Data which we hold;
- Require the erasure of Personal Data concerning you in certain situations;
- Receive the Personal Data concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations;
- Object at any time to processing of Personal Data concerning you for direct marketing;
- Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you;
- Object in certain other situations to our continued processing of your Personal Data;
- Otherwise restrict our processing of your Personal Data in certain circumstances.
If you have questions or comments about your privacy rights, you may email us at email@example.com
If you would like to exercise any of those rights, please:
- Email, call, or write to us;
- Let us have enough information to identify you (e.g., account number, user name, registration details);
- Let us have proof of your identity and address (a copy of your driving license or passport and a recent utility or credit card bill);
- Let us know the information to which your request relates, including any account or reference numbers, if you have them.
- You can also exercise some of your rights by changing your privacy settings, including by using this link https://akius.com/account/ to download Personal Data regarding your use of our Services and your Akius account.
Before disclosing the requested Personal Data, we may ask you for additional information in order to confirm your identity and for security purposes. We reserve the right to charge a fee where permitted by law (e.g., if your request is unfounded or excessive).
If you would at any time like to review or change the information in your account or terminate your account, you can:
We will respond to your request within 30 days.
Please note that permanently deleting your Akius account erases all of your information from Akius’ databases. After completing this process, you can no longer use any of the Services, your account and all its data will be removed permanently, and Akius will not be able to restore your account or retrieve your data in the future. If you contact Akius in the future, the system will not recognize your account and Support agents will not be able to locate the deleted account.
Please note that we may not delete your personal information if it is necessary to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with an existing legal obligation; or
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Cookies and similar technologies
Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services or Apps. To opt-out of interest-based advertising by advertisers on our Services or Apps visit http://www.aboutads.info/choices/.
You shall not be discriminated against by us because you exercised any of your rights under the CCPA, the GDPR or any other personal data protection and privacy law. This means we cannot, among other things:
- Deny goods or services to you;
- Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- Provide a different level or quality of goods or services to you; or
- Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services. Please note that we may charge a different price or rate or provide a different level or quality of services to you, if that difference is reasonably related to the value provided to our business by your personal information.
11. DATA BREACH
A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when AKIUS INC believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that AKIUS INC becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information AKIUS INC will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
12. CONTROLS FOR DO-NOT-TRACK FEATURES
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. Our Services currently do not alter their practices when they receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” visit http://www.allaboutdnt.com.
13. WHAT SPECIFIC PRIVACY RIGHTS DO YOU HAVE IF YOU ARE A CALIFORNIA RESIDENT ?
In Short: Yes, if you are a resident of the State of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at firstname.lastname@example.org
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale of your personal information. If you exercise your right to opt-out of the sale of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale of your personal information, visit our homepage and click on the Do Not Sell My Personal Information link here.
If you are under 18 years of age, reside in California, and have a registered account with the Services or Apps, you have the right to request removal of unwanted data that you publicly post on the Services or Apps. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services or Apps, but please be aware that the data may not be completely or comprehensively removed from our systems.
At the same time, please note that we are not required to:
- Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
- Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
- Provide the personal information to you more than twice in a 12-month period.
14. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
15. WHAT LANGUAGES IS THIS POLICY AVAILABLE IN?
16. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
3217 Overland Avenue, Suite 9111
Los Angeles, CA 90034