Privacy Policy

Ovrxtnd Foundation
1067 S. Hover St. #233
Longmont, CO 80501

Last updated: March 15, 2020

Ovrxtnd Foundation, Nonprofit Corporation (“Ovrxtnd” or the “Company” or “We” or “Us”) respects your privacy and are committed to protecting it through our compliance with this Privacy Policy (“Privacy Policy”).

This policy governs the privacy policy of our website, ovrxtnd.gg (the “Website”). This page describes in detail the privacy practices that apply for our Website. By using our Website, you agree to the terms of this Privacy Policy.

This policy may change from time to time (see Changes to Our Privacy Policy).  Your continued use of this Website after We make changes is deemed to be acceptance of those changes. It is your responsibility check the policy periodically for updates.

Definitions

“Non-Personal Information” (“NPI”) is information that is in no way personally identifiable and that is obtained automatically when you access our Website with a web browser. “Personally Identifiable Information” (“PII”) is information that is personally identifiable to you and obtained by Us to provide you with a product or service. PII may include information such as your name, address, phone number, credit card information, and other related information that you provide to Us. This may also be described as “Personal Data” or “Personal Information,” depending on applicable laws.

Our Commitment to Your Privacy

Our Privacy Policy tells you what PII We may collect from you, how We may share your PII, and how you can limit our sharing of your PII.

We are committed to the security and privacy of all our customers. We take your privacy seriously, and We will work with you to ensure that you have an enjoyable online experience.

Information We Collect Through You

We collect personal information when you contact Us to request information about our services or otherwise voluntarily provide such information. This information includes the following categories:

• Identifiers and other personal information, including your name, email address, and other contact information you choose to provide Us.
• Commercial Information, including information about your business and other information you provide to Us when contacting Us about our services.

Generally, you control the amount and type of information you provide to Us when using our Website. As a visitor to our Website, you can browse our Website to find out more about Us. You are not required to provide Us with any PII as a visitor.

We offer you choices when We ask for personal information, whenever reasonably possible. You may decline to provide PII to Us in our registration forms and/or refuse cookies in your browser, although some of our features or services may not function properly as a result. We make good faith efforts to provide you access to your personal information upon request and to let you correct such data if it is inaccurate and delete it, when reasonably possible.

Automatic Information Collected

As you navigate through and interact with our Website, We may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your URL, IP address, browser type and language, and the date and time of your request.

The technologies We use for this automatic data collection include:

Cookies

Our Website uses “Cookies.” A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to identify the areas of our Website that you have visited and to aggregate data about site traffic and interaction. We also use cookies and other technologies to enhance your online experience by recognizing choices you have previously made Finally, We may use Cookies to personalize the content that you see on our Website. Most web browsers can be set to disable the use of Cookies (see below). However, if you disable Cookies, you may not be able to access features on our Website correctly or at all.

To learn more about our use of Cookies, including which Cookies We use or to change your consent regarding Cookies, please click here to access our Cookie Policy.

Our Servers

In the interest of providing our visitors and customers with a secure online experience, our servers automatically record information when you visit our Website, including the URL, IP address, browser type and language, and the date and time of your request. We use this information to analyze trends among our users to help improve our Website.

Google Ad and Content Network Privacy Policy

Google, as a third party vendor, uses Cookies to serve ads on our Website. Google’s use of the DART Cookie enables it to serve ads to our users based on their visits to our Websites and other sites on the Internet. Users may opt out of the use of the DART Cookie by visiting the Google ad and content network privacy policy at the following link: http://www.google.com/policies/technologies/ads

Google Analytics Privacy Policy

Our Website uses “Google Analytics” to collect information about the use of our Website. Google Analytics collects information such as how often users visit our Website, what pages they visit when they do so, and what other websites they used prior to coming to our Website. We use the information We get from Google Analytics to improve our Website. Google Analytics collects only the IP address assigned to you on the date you visit our Website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent Cookie on your web browser to identify you as a unique user the next time you visit our Website, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our Website is restricted by the Google Analytics Terms of Use.   http://www.google.com/analytics/terms/us.html. You can prevent Google Analytics from recognizing you on return visits to this Website by disabling cookies on your browser: https://tools.google.com/dlpage/gaoptout.

How Information is Used

We use the information We receive from you as follows:

Providing Requested Services and Products

We may use PII to provide the services you’ve requested, including communicating with you about technical issues, new products and services, and other information of interest to you. We may use PII to process transactions and provide other billing and payment services. We may also use PII for auditing, research and analysis to operate and improve our services.

Providing and Improving Our Website

We may use the PII you provide to Us, along with any computer information We receive, to provide our Website to you as well as to make improvements to it.

Sharing Information with Affiliates and Other Third Parties

We do not sell, rent, or otherwise provide your PII to third parties for marketing purposes. However, We may use your Non Personal Information for data aggregation purposes which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PII. We may provide your PII to affiliates that provide services with regards to our Website (i.e. payment processors, webhosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and Websites and will be bound by confidentiality agreements limiting the use of such information.

Legally Required Releases of Information

We may be legally required to disclose your PII, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to comply with applicable laws and/or to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce this Privacy Policy and/or our Terms of Use; (d) necessary to protect Us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, our users, employees, and affiliates.

Disclosures to Successors

If our assets are sold or our business is acquired or merges, in whole or in part, with another business that would become responsible for providing the Website to you, We retain the right to transfer your PII to the new business. The new business would retain the right to use your PII according to the terms of this Privacy Policy as well as to any changes to this Privacy Policy as instituted by the new business.

Changing Your Information

You may change your PII at any time using facilities found on our Website. If you need assistance with updating your PII, just send Us an email with your request or contact Us using the Contact Us information found on our Website.

Other Websites

Our Website may contain links to other websites. You understand that these websites are not under our control and are not subject to our Privacy Policy. These websites will likely have their own privacy policies. We have no responsibility for these websites and provide links to these websites solely for your convenience.

Our service sometimes includes hosting customers’ web sites that were built using various content management systems. McGrath + McKenna and our affiliates are not responsible for posting and/or enforcing our customers’ privacy policies. While We are in no way responsible or liable for the collection and use of personal information by our customers from their web sites, We will make reasonable efforts to ensure that our customers post and enforce their privacy policies.

You acknowledge that your use and access of these other websites is solely at your own risk. It is your responsibility to check the privacy policies of these other websites to see how they treat your personal information.

Opting Out of Sharing Information

You can always opt out of future unaffiliated third-party disclosures of your information. Such opt-out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates, (ii) disclosures to third-party service providers who provide certain services for our business, such as credit card processing, computer system services, shipping, data management, or promotional services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments or otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.

“Do Not Track” Settings

Some web browsers have settings that enable you to request that our Website does not track your movement within our Website. Our Website does not obey such settings when transmitted to and detected by our Website.

Change and turn off tracking features in your browser.

You can turn off tracking features and other security settings in your browser by visiting the following links:

For Internet Explorer visit: http://goo.gl/0taI7I
For Mozilla Firefox visit: http://goo.gl/IKxt9l
For Google Chrome visit: http://goo.gl/NQIkqE
For Safari visit: http://goo.gl/7XCOzL

Google Analytics Opt-out Browser Add-on. Google provides a free add-on to most major browsers that you can install to prevent your data from being collected and used by Google Analytics. Visit the following link to download the free Google Opt-out Add-on Tool: http://goo.gl/Ls82zv

Protecting Your Child’s Privacy

Our Website is not intended for anyone under the age of 18 years of age (a “Child”).  No one under age 18 should access, use, or provide any information to the Website.  We do not knowingly collect PII from any Child. If you are a parent or guardian and believe your Child is using our Website, please contact Us. We may ask for proof of identification before We remove any information to prevent malicious removal of account information. If We discover on our own that a Child is accessing our Website, We will delete the information as soon as We discover it, We will not use the information for any purpose, and We will not disclose the information to third parties. You acknowledge that We do not verify the age of our users nor do We have any liability to do so. If you are a Child, please seek the permission of a parent or guardian before accessing our Website. 

Your Rights and Choices

Under this Privacy Policy you have the right to:

1. Request information about whether We hold PII about you, and if so, what information is and why We are holding/using it;
2. Request access to your personal information;
3. Request correction of the PII that We hold about you, if We have incorrect or incomplete information;
4. Request deletion of the PII We hold about you; and
5. Withdraw any previous consent you have previously given

We may ask for verifying information about your identity before acting on any of your rights under this Section.

Our Email Policy

We comply with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from Us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission except in the sale or transfer of our business or assets.

Our Security Policy

We have taken steps to build our Website using sophisticated encryption and authentication tools to protect the security of your PII. When We collect your PII through our Website, We will encrypt your PII before it travels over the Internet using industry standards as establishing for conducting secure online transactions. We also use industry standard technologies such as secure routers and fire walls to make sure that your PII is safe. Unfortunately, We cannot fully guarantee secure data transmission over the Internet because of its nature.

Once We receive your PII, We have industry standard security measures in place to protect against the loss or misuse of your PII, though again, We cannot fully guarantee against such loss or misuse or that any electronic transmission or commerce is totally secure.

We have no control over the information collected by your Internet service provider or if you send Us information that you disclosure in a public forum. Any such third party that collects your PII may use the information in accordance with its terms and conditions of use (and related privacy policies), which may be different from this Privacy Policy. We are not responsible for any information collected by such third parties and/or how such information is used or maintained.

Limitation of Liability

You assume the sole risk of transmitting your information as it relates to the use of this Website, and for any data corruptions, intentional interceptions, intrusions or unauthorized access to information, or of any delays, interruptions to or failures preventing the use this website. In no event shall McGrath + McKenna Design Group, LLC. or its affiliates be liable for any direct, indirect, special, consequential or monetary damages, including fees, and penalties in connection with your use of materials posted on this Website or connectivity to or from this Website to any other site.

Changes to Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. If our company decides to change this Privacy Policy, We will post those changes on our website so our users and customers are always aware of what information We collect, use, and disclose. Otherwise, We will use and disclose our users’ and customers’ personally identifiable information in agreement with the Privacy Policy that was in effect, when their information was collected. In all cases, your continued use of our Website or our services and products after any change to this Privacy Policy will constitute your acceptance of such change.

Notice to International Visitors

Our services are not intended for any international visitors and We do not intend to market or solicit any customers outside of the United States. If you access our site from outside of the United States, you should not provide any PII to Us and you should contact Us if you have previously provided any PII.  

Furthermore, our services are operated and provided in the United Sates and are not intended to subject Us to the laws or jurisdiction of any state, country, or territory other than the United States.  Your PII may be stored and processed in any country where We have facilities or in which We engage service providers, including to countries that may not or do not provide the same level of protection for your personal information. 

However, We are committed to protecting the privacy and confidentiality of personal information when it is transferred. Where such transfers occur, We take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the United States, subject to applicable laws.

Contact Us about Our Privacy Policy

If you have any questions, wish to exercise your rights, or have any concerns about our Privacy Policy, please contact Us using the information found at the beginning of this policy.

ADDITIONAL TERMS FOR CALIFORNIA RESIDENTS

1. If you reside in California, these Additional Terms apply and override any inconsistent terms in the Privacy

2. These Additional Terms are intended to fulfill the requirements of the California Consumer Privacy Act (“CCPA”)

3. To the extent that any terms used in this Privacy Policy are defined in the CCPA, such definitions shall apply. The term “PII” as used in this Privacy Policy shall include “Personal Information” as the term is defined in the CCPA.

4. This Privacy Policy was last reviewed March 15, 2020.

5. Categories of PII collected by Us in the last 12 months as described in the privacy Policy, for purposes of CCPA, correspond to the following categories of Personal Information listed in CCPA
   1. Identifiers and personal information categories referenced in applicable California law (e.g. first and last names, email address, other contact information)
   2. Internet or other similar network activity (information about your use of the Website and your IP address, including information collected automatically through cookies)
   3. Inferences drawn from other Personal Information (e.g. communications with Us or directed to Us via emails and information about yourself)
6. Processing PII: We will not process your PII for purposes which are materially different, unrelated, or incompatible with the purposes set out in the Privacy Policy without providing you notice.

7. Disclosure of PII to Third Parties – In the last 12 months, to the extent that We have your PII, We have only disclosed this PII to third parties for business purposes

8. Sale of PII to Third Parties – In the last 12 months, We have not sold your PII to third parties.

9. Additional Rights under the CCPA
   1. Users who are resident in California may have the following rights under the CCPA in addition to the rights set out in Section 6 of the Privacy Policy:
      1. Access: Once We receive and confirm your verifiable consumer request, We will disclose the following to you:
         1. the categories of your PII and the specific PII that We have collected;
         2. the categories of sources from which your PII was collected;
         3. our business or commercial purpose for collecting your PII; and
         4. the categories of third parties with whom We share your PII, and where such third parties received your PII from Us for a business purpose, the categories of your PII that We disclosed to such third parties.

Under the CCPA, you are only entitled to exercise the PII access right set out in in Section 9(a)(i) twice a year.

1. Deletion: Once We receive and confirm your verifiable consumer request, We will (and will direct our service providers to whom We have disclosed your PII to) delete your PII unless an exception under the CCPA applies.

1. The rights set out in Section 9(a)(i) do not apply to PII collected from our employees as part of their employment with Us or PII collected as part of a business-to-business transaction.
2. To exercise any of the rights set out in Section 9(a)(i), please contact our team using the contact details set in Section 9 of the Privacy Policy.
3. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your PII. We may need to request specific information from you to help Us confirm that your request is a verifiable consumer request.

10. Non-Discrimination.

We will not discriminate against you for exercising any of your rights under the CCPA. Specifically, unless permitted by the CCPA, We will not:

1. deny you access to services provided by us;
2. charge you different prices or rates for the goods and/or services provided by us, or imposing penalties on you;
3. provide you with a different level or quality of goods and/or services than otherwise generally provided by Us or
4. suggest that you will receive a different price or rate for, or a different level or quality of, the goods and/or services generally provided by us.