privacy policy.

Update at January 1st, 2024

PRIVACY POLICY

90WestDigital (“we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains howyour personal information is collected, used, and disclosed by 90WestDigital.

This Privacy Policy applies to our website, and its associated subdomains (collectively, our “Service”)alongside our application, 90WestDigital. By accessing or using our Service, you signify that you have read,understood, and agree to our collection, storage, use, and disclosure of your personal information asdescribed in this Privacy Policy and our Terms of Service.

Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms arereferenced, are strictly defined as:

  • Cookie: small amount of data generated by a website and saved by your web browser. It is used toidentify your browser, provide analytics, remember information about you such as your languagepreference or login information.
  • Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to 90WestDigital, (865Eugenie Ave, Encinitas, CA 92024), that is responsible for your information under this Terms &Conditions.
  • Country: where 90WestDigital or the owners/founders of 90WestDigital are based, in this case is UnitedStates
  • Device: any internet connected device such as a phone, tablet, computer or any other device that canbe used to visit 90WestDigital and use the services.
  • Service: refers to the service provided by 90WestDigital as described in the relative terms (if available)and on this platform.
  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, andothers who provide our content or whose products or services we think may interest you.
  • Website: 90WestDigital’s site, which can be accessed via this URL: https://www.90westdigital.com/
  • You: a person or entity that is registered with 90WestDigital to use the Services.

This Privacy Policy was created with Termify.

What Information Do We Collect?

We collect information from you when you visit our website, register on our site, place an order, subscribe toour newsletter, respond to a survey or fill out a form.

  • Name / Username
When does 90WestDigital use end user information from third parties?

90WestDigital will collect End User Data necessary to provide the 90WestDigital services to our customers.End users may voluntarily provide us with information they have made available on social media websites. Ifyou provide us with any such information, we may collect publicly available information from the social mediawebsites you have indicated. You can control how much of your information social media websites makepublic by visiting these websites and changing your privacy settings.

When does 90WestDigital use customer information from third parties?

We receive some information from the third parties when you contact us. For example, when you submit youremail address to us to show interest in becoming a 90WestDigital customer, we receive information from athird party that provides automated fraud detection services to 90WestDigital. We also occasionally collectinformation that is made publicly available on social media websites. You can control how much of yourinformation social media websites make public by visiting these websites and changing your privacy settings.

Do we share the information we collect withthird parties?

We may share the information that we collect, both personal and non-personal, with third parties such asadvertisers, contest sponsors, promotional and marketing partners, and others who provide our content orwhose products or services we think may interest you. We may also share it with our current and futureaffiliated companies and business partners, and if we are involved in a merger, asset sale or other businessreorganization, we may also share or transfer your personal and non-personal information to oursuccessors-in-interest.

We may engage trusted third party service providers to perform functions and provide services to us, such ashosting and maintaining our servers and the website, database storage and management, e-mailmanagement, storage marketing, credit card processing, customer service and fulfilling orders for productsand services you may purchase through the website. We will likely share your personal information, andpossibly some non-personal information, with these third parties to enable them to perform these services forus and for you.

We may share portions of our log file data, including IP addresses, for analytics purposes with third partiessuch as web analytics partners, application developers, and ad networks. If your IP address is shared, it maybe used to estimate general location and other technographics such as connection speed, whether you havevisited the website in a shared location, and type of the device used to visit the website. They may aggregateinformation about our advertising and what you see on the website and then provide auditing, research andreporting for us and our advertisers.

We may also disclose personal and non-personal information about you to government or law enforcementofficials or private parties as we, in our sole discretion, believe necessary or appropriate in order to respondto claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, thesafety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or tootherwise comply with applicable court orders, laws, rules and regulations.

Where and when is information collected fromcustomers and end users?

90WestDigital will collect personal information that you submit to us. We may also receive personalinformation about you from third parties as described above.

How Do We Use The Information We Collect?

To help explain things as clearly as possible in this Privacy Policy, every time any of these terms arereferenced, are strictly defined as:

  • To personalize your experience (your information helps us to better respond to your individual needs)
  • To improve our website (we continually strive to improve our website offerings based on the informationand feedback we receive from you)
  • To improve customer service (your information helps us to more effectively respond to your customerservice requests and support needs)
  • To process transactions
  • To administer a contest, promotion, survey or other site feature
  • To send periodic emails
How Do We Use Your Email Address?

By submitting your email address on this website, you agree to receive emails from us. You can cancel yourparticipation in any of these email lists at any time by clicking on the opt-out link or other unsubscribe optionthat is included in the respective email. We only send emails to people who have authorized us to contactthem, either directly, or through a third party. We do not send unsolicited commercial emails, because wehate spam as much as you do. By submitting your email address, you also agree to allow us to use youremail address for customer audience targeting on sites like Facebook, where we display custom advertisingto specific people who have opted-in to receive communications from us. Email addresses submitted onlythrough the order processing page will be used for the sole purpose of sending you information and updatespertaining to your order. If, however, you have provided the same email to us through another method, wemay use it for any of the purposes stated in this Policy. Note: If at any time you would like to unsubscribefrom receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How Long Do We Keep Your Information?

We keep your information only so long as we need it to provide 90WestDigital to you and fulfill the purposesdescribed in this policy. This is also the case for anyone that we share your information with and who carries

out services on our behalf. When we no longer need to use your information and there is no need for us tokeep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems ordepersonalize it so that we can't identify you.

How Do We Protect Your Information?

We implement a variety of security measures to maintain the safety of your personal information when youplace an order or enter, submit, or access your personal information. We offer the use of a secure server. Allsupplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and thenencrypted into our Payment gateway providers database only to be accessible by those authorized withspecial access rights to such systems, and are required to keep the information confidential. After atransaction, your private information (credit cards, social security numbers, financials, etc.) is never kept onfile. We cannot, however, ensure or warrant the absolute security of any information you transmit to90WestDigital or guarantee that your information on the Service may not be accessed, disclosed, altered, ordestroyed by a breach of any of our physical, technical, or managerial safeguards

Could my information be transferred to othercountries?

90WestDigital is incorporated in United States. Information collected via our website, through directinteractions with you, or from use of our help services may be transferred from time to time to our offices orpersonnel, or to third parties, located throughout the world, and may be viewed and hosted anywhere in theworld, including countries that may not have laws of general applicability regulating the use and transfer ofsuch data. To the fullest extent allowed by applicable law, by using any of the above, you voluntarily consentto the trans-border transfer and hosting of such information.

Is the information collected through the90WestDigital Service secure?

We take precautions to protect the security of your information. We have physical, electronic, and managerialprocedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use yourinformation. However, neither people nor security systems are foolproof, including encryption systems. Inaddition, people can commit intentional crimes, make mistakes or fail to follow policies. Therefore, while weuse reasonable efforts to protect your personal information, we cannot guarantee its absolute security. Ifapplicable law imposes any non-disclaimable duty to protect your personal information, you agree thatintentional misconduct will be the standards used to measure our compliance with that duty.

Can I update or correct my information?

The rights you have to request updates or corrections to the information 90WestDigital collects depend onyour relationship with 90WestDigital. Personnel may update or correct their information as detailed in ourinternal company employment policies.

Customers have the right to request the restriction of certain uses and disclosures of personally identifiableinformation as follows. You can contact us in order to (1) update or correct your personally identifiableinformation, (2) change your preferences with respect to communications and other information you receive

from us, or (3) delete the personally identifiable information maintained about you on our systems (subject tothe following paragraph), by cancelling your account. Such updates, corrections, changes and deletions willhave no effect on other information that we maintain, or information that we have provided to third parties inaccordance with this Privacy Policy prior to such update, correction, change or deletion. To protect yourprivacy and security, we may take reasonable steps (such as requesting a unique password) to verify youridentity before granting you profile access or making corrections. You are responsible for maintaining thesecrecy of your unique password and account information at all times.

You should be aware that it is not technologically possible to remove each and every record of theinformation you have provided to us from our system. The need to back up our systems to protectinformation from inadvertent loss means that a copy of your information may exist in a non-erasable formthat will be difficult or impossible for us to locate. Promptly after receiving your request, all personalinformation stored in databases we actively use, and other readily searchable media will be updated,corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technicallypracticable.

If you are an end user and wish to update, delete, or receive any information we have about you, you may doso by contacting the organization of which you are a customer.

Personnel

If you are a 90WestDigital worker or applicant, we collect information you voluntarily provide to us. We usethe information collected for Human Resources purposes in order to administer benefits to workers andscreen applicants.

You may contact us in order to (1) update or correct your information, (2) change your preferences withrespect to communications and other information you receive from us, or (3) receive a record of theinformation we have relating to you. Such updates, corrections, changes and deletions will have no effect onother information that we maintain, or information that we have provided to third parties in accordance withthis Privacy Policy prior to such update, correction, change or deletion.

Sale of Business

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer ofall or substantially all of the assets of 90WestDigital or any of its Corporate Affiliates (as defined herein), orthat portion of 90WestDigital or any of its Corporate Affiliates to which the Service relates, or in the event thatwe discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganizationor similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Affiliates

We may disclose information (including personal information) about you to our Corporate Affiliates. Forpurposes of this Privacy Policy, "Corporate Affiliate" means any person or entity which directly or indirectlycontrols, is controlled by or is under common control with 90WestDigital, whether by ownership or otherwise.Any information relating to you that we provide to our Corporate Affiliates will be treated by those CorporateAffiliates in accordance with the terms of this Privacy Policy.

Governing Law

This Privacy Policy is governed by the laws of United States without regard to its conflict of laws provision.You consent to the exclusive jurisdiction of the courts in connection with any action or dispute arisingbetween the parties under or in connection with this Privacy Policy except for those individuals who mayhave rights to make claims under Privacy Shield, or the Swiss-US framework.

The laws of United States, excluding its conflicts of law rules, shall govern this Agreement and your use ofthe website. Your use of the website may also be subject to other local, state, national, or international laws

By using 90WestDigital or contacting us directly, you signify your acceptance of this Privacy Policy. If you donot agree to this Privacy Policy, you should not engage with our website, or use our services. Continued useof the website, direct engagement with us, or following the posting of changes to this Privacy Policy that donot significantly affect the use or disclosure of your personal information will mean that you accept thosechanges.

Your Consent

We've updated our Privacy Policy to provide you with complete transparency into what is being set when youvisit our site and how it's being used. By using our 90WestDigital, registering an account, or making apurchase, you hereby consent to our Privacy Policy and agree to its terms.

Links to Other Websites

This Privacy Policy applies only to the Services. The Services may contain links to other websites notoperated or controlled by 90WestDigital. We are not responsible for the content, accuracy or opinionsexpressed in such websites, and such websites are not investigated, monitored or checked for accuracy orcompleteness by us. Please remember that when you use a link to go from the Services to another website,our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including thosethat have a link on our platform, is subject to that website’s own rules and policies. Such third parties mayuse their own cookies or other methods to collect information about you.

Advertising

This website may contain third party advertisements and links to third party sites. 90WestDigital does notmake any representation as to the accuracy or suitability of any of the information contained in thoseadvertisements or sites and does not accept any responsibility or liability for the conduct or content of thoseadvertisements and sites and the offerings made by the third parties.

Advertising keeps 90WestDigital and many of the websites and services you use free of charge. We workhard to make sure that ads are safe, unobtrusive, and as relevant as possible.

Third party advertisements and links to other sites where goods or services are advertised are notendorsements or recommendations by 90WestDigital of the third party sites, goods or services.90WestDigital takes no responsibility for the content of any of the ads, promises made, or thequality/reliability of the products or services offered in all advertisements.

Cookies for Advertising

These cookies collect information over time about your online activity on the website and other onlineservices to make online advertisements more relevant and effective to you. This is known as interest-basedadvertising. They also perform functions like preventing the same ad from continuously reappearing andensuring that ads are properly displayed for advertisers. Without cookies, it’s really hard for an advertiser toreach its audience, or to know how many ads were shown and how many clicks they received.

Cookies

90WestDigital uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a smallpiece of data stored on your computer or mobile device by your web browser. We use Cookies to enhancethe performance and functionality of our website but are non-essential to their use. However, without thesecookies, certain functionality like videos may become unavailable or you would be required to enter yourlogin details every time you visit the website as we would not be able to remember that you had logged inpreviously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies,you may not be able to access functionality on our website correctly or at all. We never place PersonallyIdentifiable Information in Cookies.

Blocking and disabling cookies and similartechnologies

Wherever you're located you may also set your browser to block cookies and similar technologies, but thisaction may block our essential cookies and prevent our website from functioning properly, and you may notbe able to fully utilize all of its features and services. You should also be aware that you may also lose somesaved information (e.g. saved login details, site preferences) if you block cookies on your browser. Differentbrowsers make different controls available to you. Disabling a cookie or category of cookie does not deletethe cookie from your browser, you will need to do this yourself from within your browser, you should visit yourbrowser's help menu for more information.

Remarketing Services

We use remarketing services. What Is Remarketing? In digital marketing, remarketing (or retargeting) is thepractice of serving ads across the internet to people who have already visited your website. It allows yourcompany to seem like they're “following” people around the internet by serving ads on the websites andplatforms they use most.

Kids' Privacy

We collect information from kids under the age of 13 just to better our services. If You are a parent orguardian and You are aware that Your child has provided Us with Personal Data without your permission,please contact Us. If We become aware that We have collected Personal Data from anyone under the age of13 without verification of parental consent, We take steps to remove that information from Our servers.

Changes To Our Privacy Policy

We may change our Service and policies, and we may need to make changes to this Privacy Policy so thatthey accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (forexample, through our Service) before we make changes to this Privacy Policy and give you an opportunity toreview them before they go into effect. Then, if you continue to use the Service, you will be bound by theupdated Privacy Policy. If you do not want to agree to this or any updated Privacy Policy, you can deleteyour account.

Third-Party Services

We may display, include or make available third-party content (including data, information, applications andother products services) or provide links to third-party websites or services ("Third- Party Services").

You acknowledge and agree that 90WestDigital shall not be responsible for any Third-Party Services,including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, qualityor any other aspect thereof. 90WestDigital does not assume and shall not have any liability or responsibilityto you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and usethem entirely at your own risk and subject to such third parties' terms and conditions.

Facebook Pixel

Facebook pixel is an analytics tool that allows you to measure the effectiveness of your advertising byunderstanding the actions people take on your website/app. You can use the pixel to: Make sure your adsare shown to the right people. Facebook pixel may collect information from your device when you use theservice. Facebook pixel collects information that is held in accordance with its Privacy Policy

Tracking Technologies
  • Cookies
  • We use Cookies to enhance the performance and functionality of our platform but are non-essential totheir use. However, without these cookies, certain functionality like videos may become unavailable oryou would be required to enter your login details every time you visit the platform as we would not beable to remember that you had logged in previously.
Information about General Data ProtectionRegulation (GDPR)

We may be collecting and using information from you if you are from the European Economic Area (EEA),and in this section of our Privacy Policy we are going to explain exactly how and why is this data collected,and how we maintain this data under protection from being replicated or used in the wrong way.

What is GDPR?

GDPR is an EU-wide privacy and data protection law that regulates how EU residents' data is protected bycompanies and enhances the control the EU residents have, over their personal data.

The GDPR is relevant to any globally operating company and not just the EU-based businesses and EUresidents. Our customers’ data is important irrespective of where they are located, which is why we haveimplemented GDPR controls as our baseline standard for all our operations worldwide.

What is personal data?

Any data that relates to an identifiable or identified individual. GDPR covers a broad spectrum of informationthat could be used on its own, or in combination with other pieces of information, to identify a person.Personal data extends beyond a person’s name or email address. Some examples include financialinformation, political opinions, genetic data, biometric data, IP addresses, physical address, sexualorientation, and ethnicity.

The Data Protection Principles include requirements such as:

  • Personal data collected must be processed in a fair, legal, and transparent way and should only beused in a way that a person would reasonably expect.
  • Personal data should only be collected to fulfil a specific purpose and it should only be used for thatpurpose. Organizations must specify why they need the personal data when they collect it.
  • Personal data should be held no longer than necessary to fulfil its purpose.
  • People covered by the GDPR have the right to access their own personal data. They can also request acopy of their data, and that their data be updated, deleted, restricted, or moved to another organization.
Why is GDPR important?

GDPR adds some new requirements regarding how companies should protect individuals' personal data thatthey collect and process. It also raises the stakes for compliance by increasing enforcement and imposinggreater fines for breach. Beyond these facts it's simply the right thing to do. At 90WestDigital we stronglybelieve that your data privacy is very important and we already have solid security and privacy practices inplace that go beyond the requirements of this new regulation.

Individual Data Subject's Rights - Data Access,Portability and Deletion

We are committed to helping our customers meet the data subject rights requirements of GDPR.90WestDigital processes or stores all personal data in fully vetted, DPA compliant vendors. We do store allconversation and personal data for up to 6 years unless your account is deleted. In which case, we disposeof all data in accordance with our Terms of Service and Privacy Policy, but we will not hold it longer than 60days.

We are aware that if you are working with EU customers, you need to be able to provide them with the abilityto access, update, retrieve and remove personal data. We got you! We've been set up as self service fromthe start and have always given you access to your data and your customers data. Our customer supportteam is here for you to answer any questions you might have about working with the API.

California Residents

The California Consumer Privacy Act (CCPA) requires us to disclose categories of Personal Information wecollect and how we use it, the categories of sources from whom we collect Personal Information, and thethird parties with whom we share it, which we have explained above.

We are also required to communicate information about rights California residents have under California law.You may exercise the following rights:

  • Right to Know and Access. You may submit a verifiable request for information regarding the: (1)categories of Personal Information we collect, use, or share; (2) purposes for which categories ofPersonal Information are collected or used by us; (3) categories of sources from which we collectPersonal Information; and (4) specific pieces of Personal Information we have collected about you.
  • Right to Equal Service. We will not discriminate against you if you exercise your privacy rights
  • Right to Delete. You may submit a verifiable request to close your account and we will delete PersonalInformation about you that we have collected.
  • Request that a business that sells a consumer's personal data, not sell the consumer's personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of theserights, please contact us.

We do not sell the Personal Information of our users.

For more information about these rights, please contact us

California Online Privacy Protection Act(CalOPPA)

CalOPPA requires us to disclose categories of Personal Information we collect and how we use it, thecategories of sources from whom we collect Personal Information, and the third parties with whom we shareit, which we have explained above.

CalOPPA users have the following rights:

  • Right to Know and Access. You may submit a verifiable request for information regarding the: (1)categories of Personal Information we collect, use, or share; (2) purposes for which categories ofPersonal Information are collected or used by us; (3) categories of sources from which we collectPersonal Information; and (4) specific pieces of Personal Information we have collected about you.
  • Right to Equal Service. We will not discriminate against you if you exercise your privacy rights
  • Right to Delete. You may submit a verifiable request to close your account and we will delete PersonalInformation about you that we have collected.
  • Right to request that a business that sells a consumer's personal data, not sell the consumer's personaldata.

If you make a request, we have one month to respond to you. If you would like to exercise any of theserights, please contact us.

We do not sell the Personal Information of our users

For more information about these rights, please contact us

Contact Us

Don't hesitate to contact us if you have any questions.

CalOPPA users have the following rights: