Privacy/Data Storage Disclosure/Acknowledgement
DISCLAIMER OF WARRANTY
PRIVACY AND/OR DATA STORAGE DISCLOSURE/ACKNOWLEDGEMENT
This Disclosure/Acknowledgement form (the "Disclosure") is being voluntarily provided to you (the "Client"). Insider Perks, Inc. ("Insider Perks") is not required to provide such a Disclosure under any current state or local law. The Disclosure provides information the Client may find pertinent to the operation of its website.
In today's digital world, personal data is routinely provided by internet users to various internet services, such as social media sites, online retailers, or other retailers. Personal data can also be collected without the knowledge of those same internet users, including through social media analytics, website analytics, cookies, and much more.
All of these internet services might collect data such as names, physical addresses, email addresses, demographic information, location information, credit card numbers, interests, and dozens of other pieces of data from its users. Many of these services might also aggregate that data, store the data, analyze the data, or transfer the data to another person or company. Unfortunately, this data may also become lost, stolen, or sold to a third party.
In order to stay current with this evolving internet-based society, governments both within the United States and internationally are instituting data reform laws to protect personal data. Currently, the most well-known is the General Data Protection Regulation (the "GDPR"). The GDPR is a new set of regulations attributing more control and protection of personal data to citizens of European Union members. The GDPR focuses on protection, privacy, and consent of use of personal data by requiring any service or organization which receives personal data to ensure it is collected and managed to ensure protection.
Similarly, the California Consumer Privacy Act (the "CCPA") is legislation, which as of 2020 regulates the massive practice of companies collecting and sharing the personal data of consumers. The CCPA will require companies to provide consumers with which data the companies are collecting, why the data is being collected, and to whom the data is shared. Further, the CCPA will allow consumers to mandate to the companies their personal data is not collected or sold. Similar laws may also be passed in the future with similar or different rules.
Under the GDPR and the CCPA, providers of online services face restrictive requirements for compliance. Further, although wide-sweeping legislation requiring compliance is not currently enacted, privacy and data storage laws are likely to become more commonplace across all jurisdictions. In the course of the Services it provides, Insider Perks may utilize third-party internet services as a part of data collection; however, Insider Perks is not responsible for any Client data or any compliance with any current or potential privacy or data storage law.
Third-party internet services utilized by Insider Perks that are responsible for the handling of the data may operate to protect consumer data protection. However, at no time in providing the Services is Insider Perks assuming, accepting, or undertaking responsibility for the protection of Client's Data. As such, Insider Perks does not warrant responsibility or compliance with any existing or potential privacy or data storage law.
Insider Perks has a strong belief in the protection of personal data and strives to ensure any service it provides protects Client data. However, although Insider Perks has invested a significant amount of resources to help ensure data protection, Insider Perks does not warrant, guarantee, or otherwise promise the services it provides or the websites it creates are compliant with the GDPR, the CCPA, or any other current or potential privacy and/or data storage law.
Further, Insider Perks does not warrant, guarantee, or otherwise promise that Insider Perks is responsible for Client data at any time for its Services, including but not limited to any effort ensuring the protection of Client data. Insider Perks advises Client to review the privacy and data storage laws with Client's legal counsel to ensure the most appropriate response to privacy and data storage concerns.
Release of Claims
Client and Insider Perks (the "Parties") release and forever discharge each other and their respective successors in interest from any and all claims, demands, rights, and causes of action of any kind and nature arising from any potential privacy or data storage claim against Client for any breach of data incurred by Client, and Client agrees to hold Insider Perks harmless and indemnify Insider Perks from any and all claims, loss, or damage to Client resulting from, or associated with, any potential privacy or data storage claim against Client for any breach of data incurred by Client.
Client Certification and Acknowledgement
By signature below, Client hereby certifies and acknowledges that it has received, read and understands, and has retained a copy of the Disclosure and Release of Claims. As such, Client understands the risks associated with the operation of a website pursuant to any existing or potential privacy or data storage law and any economic injury, outcome, or other action that may arise from operation of a website pursuant to any existing or potential privacy or data storage law or any other service provided by Insider Perks, such as the scope of such service relates to privacy and/or collection of personal or business data. Nonetheless, Client assumes all risks resulted from or associated with, either directly or incidentally, the operation of a website pursuant to any existing or potential privacy or data storage law.
Insider Perks Certification and Acknowledgement
By signature below, Insider Perks hereby certifies and acknowledges it has voluntarily provided the Disclosure to Client. Further, Insider Perks certifies and acknowledges it has given Client sufficient time and opportunity to review the Disclosure and Release of Claims and to express any questions or concerns related to such Disclosure.
WHEREFORE, in accordance and agreement with the above provisions, the foregoing is effective as of the below signature date of the Parties:
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Document Name: Privacy/Data Storage Disclosure/Acknowledgement
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