Privacy Policy

Last modified: July 6, 2020

Introduction.
Spexster, Inc., a Delaware corporation (“Company”) respects your privacy and is committed to protecting it through our compliance with this privacy policy (“Privacy Policy,” as may be referred to in other Company documentation, including but not limited to the Terms of Service). This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website at www.spexster.com and all related subdomains (“Website”), and services offered on or through the Website (together with all related subdomains and social media pages, the “Spexster Platform”) to access our Services (as defined in the Terms of Service) and our practices for collecting, using, maintaining, protecting, and disclosing such information.


This Privacy Policy applies to information we collect on the Spexster Platform: when you browse or use our Website, or when you submit a form to create a Spexster Account (as defined in the Terms of Service), or in text messages, phone calls, emails and other electronic messages between you and the Company.

 

It does not apply to information: collected by the Company offline or through any other means, including on any other website operated by the Company or any third party; or any third party, including through any application or content that may link to or be accessible from or on the Spexster Platform.
 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will handle it. If you do not agree with our policies and practices, your remedy is to not access and use the Spexster Platform. This Privacy Policy may change from time to time. We will use our best effort to provide email notice to any registered users about the changes to our Privacy Policy. Your continued use of the Spexster Platform after we make changes to our Privacy Policy is deemed to be the acceptance of those changes, so please check this Privacy Policy periodically for updates.
Minors and Children Under the Age of 13.
Spexster Platform is not intended for children under the age of 13. You must be at least 13 years old or older to use the Site and the Services. We will not knowingly collect information from children under the age of 13. If Company learns that we have collected or received personal information from a person under 13, we will delete that information.  Additionally, no one under the age 18 may provide any personal information to or on Spexster Platform without the permission of your parent or guardian. If you are a minor under the age of 18, you will need the permission of your parent or guardian prior to using the Spexster Platform to use and access the Site and the Services or to provide any information about yourself to us, including your name, address, telephone number, email address, or any other information. If you believe we might have any information from or about children under the age of 13, please contact us at info@spexster.com.

 

Third-Party Payment Processor
We use a third-party payment processor, Stripe, to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to our third-party processor, Stripe, whose use of your personal information will be governed by their privacy policy, which may be viewed at https://stripe.com/us/privacy.

 

Third-Party Video Player
We use a third-party video player, JW Player, for the spec videos on the Website. The JW Player collects data from its users when he or she views a video on the Website. Information the JW Player collects may include, device type, screen resolution, operating system version, and Internet browser type and version. Other tracking technologies JW Player uses include pixel tags, web beacons, and scripts, and are used for ad delivery and reporting. JW Player’s use of your personal information will be governed by their privacy policy, which may be viewed at https://www.jwplayer.com/privacy/#Technology

 

Information We Collect About You and How We Collect It.
We collect several types of information from and about users of the Spexster Platform, including information: by which you may be personally identified, such as name, e-mail address, telephone number or any other identifier by which you may be contacted online or offline ("personal information"); that is about you but individually does not identify you; and about your internet connection, the equipment you use to access our Website, and usage details.

 

We collect this information: directly from you when you provide it to us; automatically as you navigate through the Website. Information collected automatically may include usage details, device ID, locations, and IP addresses; The information we collect through the Spexster Platform may include: information that you provide by filling in forms or surveys on our Website. This includes information provided at the time of registering for a Spexster Account, subscribing to our Services, or uploading Content; information you provide when you report a problem with our Website; records and copies of your correspondence (including email addresses) if you contact us.
 

As you navigate through and interact with our Website, we may use automatic data collection technologies, such as Google Analytics and ASP.NET Session ID, to collect certain information about your equipment, browsing actions, and patterns, including:
details of your visits to our Website, including traffic data, logs, and other communication data and the resources that you access and use on the Website;
information about your computer and internet connection, including your IP address, operating system, and browser type;
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
estimate our audience size and usage patterns,
store information about your preferences, allowing us to customize our Services according to your individual interests,
speed up your searches and overall website infrastructure, and
recognize you when you return to Spexster Platform or use our Services.
The technologies we use for automatic data collection may include:
Cookies (or browser Cookies). A cookie is a small file placed on the hard drive of your computer or mobile device. You may refuse to accept browser Cookies by activating the appropriate setting on your browser. Unless you have adjusted your browser setting so that it will refuse Cookies, our system will issue Cookies when you access the Spexster Platform.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web beacons (a.k.a. “clear GIFs” or “Pixel Tags”). Web beacons are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track the online movements of web users. In contrast to Cookies, which are stored on a computer’s hard drive or web browser, they are embedded invisibly in web pages. Web beacons also allow us to send email messages in a format that users can read, and tell us whether emails have been opened to, in part, ensure that we are sending only messages that are of interest to our users. We may also use this information to reduce or eliminate messages sent to a user.
You also may provide information to be published or displayed on public areas of the Website or transmitted to other users of the Website or third parties (“User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
How We Use Your Information.
We use the information that we collect about you or that you provide to us, including any personal information:
to present Spexster Platform and its contents to you,
to provide you with information or services that you request from us,
to fulfill any other purposes for which you provide such information for,
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection,
to notify you about changes to Spexster Platform or any Services we offer or provide though it,
to recognize you when you are on our Website and remember your previously selected preferences,
in any other way we may describe when you provide the information, or
for any other purposes with your consent.
Disclosure of Your Information.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect, or you provide as described in this Privacy Policy:
to our subsidiaries and affiliates;
to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which the Company discloses it to them;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about Spexster users is among the assets transferred,
to fulfill the purpose for which you provide it,
for any other purpose disclosed by us when you provide the information, or
with your consent.
We may also disclose your personal information:
to comply with any court order, law, or legal process, including to respond to any government or regulatory request,
to enforce or apply our Terms of Service and other agreements,
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Spexster, its affiliates, other Spexster users, or others.
We will not sell, trade or rent any of your Information to any third parties, except if you request us to do so as part of the Services.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some   parts of this site may then be inaccessible or not function properly.
Promotional Offers from the Company. The Company would like to send you information about products and services of ours that we think you might like. You have the right at any time to stop Our Company from contacting you for marketing purposes. If you have agreed to receive such marketing promotional offers, you may always opt out at a later date. If you do not wish to have your email address used by the Company to promote our own services, you can opt out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@spexster.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: support@spexster.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
Accessing and Correcting Your Information.
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send us an email at support@spexster.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Service.
Data Security.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Company. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.


Opt-out.
If you have registered to receive our marketing promotional offers, Service-related information or any other automatically distributed information, you may change this registration status at any time. Simply contact us via email at support@spexster.com to have your name removed from the particular distribution list you wish to be removed from. This can be achieved in several ways:
Click the “Unsubscribe” link at the bottom of any automatic email update or alert that you receive; or
Send an email to support@spexster.com
Changes to Our Privacy Policy.
We will post any changes we make to our Privacy Policy on this page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website and this Privacy Policy to check for any changes.
California Consumer Privacy Act (CCPA)
To the extent provided for by law and subject to applicable exceptions, California residents have the following privacy rights in relation to the Personal Information we collect:
The right to know what Personal Information we have collected and how we have used and disclosed that Personal Information;
The right to request deletion of your Personal Information; and
The right to be free from discrimination relating to the exercise of any of your privacy rights.
Exercising Your Rights. California residents can exercise the above privacy rights by emailing us at: support@spexster.com
Verification. In order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your login credentials before you can submit a request to know or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information for verification. If we cannot verify your identity, we will not provide or delete your Personal Information.
Authorized Agents. you may submit a request to know or a request to delete your Personal Information through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.

European Union Residents
If you are a European Union resident for the purposes of the General Data Protection Regulations (“GDPR”), then in addition to what is set out above, the following applies to you:
Spexster is a data controller and processor for the purposes of the GDPR and by your consenting to this Privacy Policy, Spexster is able to process your Personal Information in accordance with this Privacy Policy.
In providing the Site and Services to you, we may make use of a number of automated processes using your Personal Information and your activity on our Site as tracked by us, in order to provide optimized services to you.
The following disclosures are made pursuant to the GDPR. The Company would like to make sure you are fully aware of all of your data protection rights. You are entitled to the following:
The right to access - You have the right to request the Company for copies of your personal data. We may charge you a small fee for this service.
The right to rectification - You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete information you believe is incomplete.
The right to erasure - You have the right to request that Our Company erase your personal data, under certain conditions.
The right to restrict processing - You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.
The right to restrict processing - You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.
The right to object to processing - You have the right to object to Our Company's processing of your personal data, under certain conditions.
The right to data portability - You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: support@spexster.com.
The Company is committed to subjecting all personal data received from European Union member countries, United Kingdom, and Switzerland, respectively, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov/list]
The Company is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. The Company complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Spexster is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Spexster may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Contact Information.
To ask questions, comment, or if you have concerns about this Privacy Policy and our privacy practices, contact us at support@spexster.com with the subject line “Privacy Policy.”