You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.As used in these Terms of Use, "UPPERROOM Cloud service", "our service" or "the service" means the personalized service provided by UPPERROOM Cloud for discovering and watching UPPERROOM Cloud content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH UPPERROOM Cloud (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
Membership
1.1. Your UPPERROOM Cloud membership will continue and automatically renew until terminated. To use the UPPERROOM Cloud service you must have Internet access and a UPPERROOM Cloud ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below).
1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your UPPERROOM Cloud membership by visiting our website and clicking on the "Account" link.
Free Trials
2.1. Your UPPERROOM Cloud membership may start with a free trial. The duration of the free trial period of your membership lasts will be specified during sign-up and is intended to allow new and certain former members to try the service.
2.2. Free trial eligibility is determined by UPPERROOM Cloud at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent UPPERROOM Cloud membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent UPPERROOM Cloud membership to determine eligibility. For combinations with other offers, restrictions may apply.
2.3. We will charge the membership fee for your next billing cycle to your Payment Method at the end of the free trial period and your membership will automatically renew unless you cancel your membership prior to the end of the free trial period. To view the applicable membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.
Billing and Cancellation
3.1. Billing Cycle. The membership fee for the UPPERROOM Cloud service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
3.2. Payment Methods. To use the UPPERROOM Cloud service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3 Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.4. Cancellation. You can cancel your UPPERROOM Cloud membership at any time, and you will continue to have access to the UPPERROOM Cloud service through the end of your billing period. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for UPPERROOM Cloud using your account with a third party as a Payment Method and wish to cancel your UPPERROOM Cloud membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the UPPERROOM Cloud service through that third party. You may also find billing information about your UPPERROOM Cloud membership by visiting your account with the applicable third party.
3.5. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.
3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
UPPERROOM Cloud Service
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the UPPERROOM Cloud service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
4.2. The UPPERROOM Cloud service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your UPPERROOM Cloud membership, we grant you a limited, non-exclusive, non-transferable right to access the UPPERROOM Cloud service and view UPPERROOM Cloud content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
4.3. You may view UPPERROOM Cloud content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.
4.4. The UPPERROOM Cloud service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of UPPERROOM Cloud content. You can turn off tests participation at any time by visiting the "Account" page and changing the "Test participation" settings.
4.5. Some UPPERROOM Cloud content is available for temporary download and offline viewing on certain supported devices ("Offline Titles"). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
4.6. You agree to use the UPPERROOM Cloud service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the UPPERROOM Cloud service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the UPPERROOM Cloud service; use any robot, spider, scraper or other automated means to access the UPPERROOM Cloud service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the UPPERROOM Cloud service; insert any code or product or manipulate the content of the UPPERROOM Cloud service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the UPPERROOM Cloud service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
4.7. The quality of the display of the UPPERROOM Cloud content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. UPPERROOM Cloud makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching UPPERROOM Cloud content show will vary based on a number of factors, including your location, available bandwidth at the time, the UPPERROOM Cloud content you have selected and the configuration of your UPPERROOM Cloud ready device.
4.8. UPPERROOM Cloud software may solely be used for authorized streaming and viewing of content from UPPERROOM Cloud through UPPERROOM Cloud ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the UPPERROOM Cloud and related third-party software. If you do not accept the foregoing terms, do not use our service.
4.9. By using our service, you agree to look solely to the entity that manufactured and/or sold you the UPPERROOM Cloud ready device for any issues related to the device and its compatibility with the UPPERROOM Cloud service. We do not take responsibility or otherwise warrant the performance of UPPERROOM Cloud ready devices, including the continued compatibility with our service. If your UPPERROOM Cloud ready device is sold, lost or stolen, please deactivate the UPPERROOM Cloud ready device. If you fail to log out or deactivate your device, subsequent users may access the UPPERROOM Cloud service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Account" page of our website.
Passwords and Account Access. The member who created the UPPERROOM Cloud account and whose Payment Method is charged (the "Account Owner") has access and control over the UPPERROOM Cloud account and the UPPERROOM Cloud ready devices that are used to access our service and is responsible for any activity that occurs through the UPPERROOM Cloud account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the UPPERROOM Cloud ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, UPPERROOM Cloud or our partners from identity theft or other fraudulent activity. UPPERROOM Cloud is not obligated to credit or discount a membership for holds placed on the account by either a representative of UPPERROOM Cloud or by the automated processes of UPPERROOM Cloud.
Disclaimers of Warranties and Limitations on Liability
6.1. THE UPPERROOM Cloud SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE UPPERROOM Cloud SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. UPPERROOM Cloud DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE UPPERROOM Cloud SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. UPPERROOM Cloud SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, UPPERROOM Cloud READY DEVICES, AND UPPERROOM Cloud SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL UPPERROOM Cloud, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
Arbitration Agreement
7.1. If you are a UPPERROOM Cloud member in the United States (including its possessions and territories), you and UPPERROOM Cloud agree that any dispute, claim or controversy arising out of or relating in any way to the UPPERROOM Cloud service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and UPPERROOM Cloud are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your UPPERROOM Cloud membership.
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to UPPERROOM Cloud, by certified mail, a written Notice of your claim ("Notice"). The Notice to UPPERROOM Cloud must be addressed to: General Counsel, UPPERROOM Cloud, Inc., 100 Winchester Circle, Los Gatos, CA 95032-1815 ("Notice Address"). If UPPERROOM Cloud initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by UPPERROOM Cloud, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If UPPERROOM Cloud and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or UPPERROOM Cloud may commence an arbitration proceeding or file a claim in small claims court.
7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after UPPERROOM Cloud receives notice at the Notice Address that you have commenced arbitration, UPPERROOM Cloud will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
7.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless UPPERROOM Cloud and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of UPPERROOM Cloud's last written settlement offer made before an arbitrator was selected (or if UPPERROOM Cloud did not make a settlement offer before an arbitrator was selected), then UPPERROOM Cloud will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
7.6. YOU AND UPPERROOM Cloud AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and UPPERROOM Cloud agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Miscellaneous
9.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
9.2. Unsolicited Materials. UPPERROOM Cloud does not accept unsolicited materials or ideas for UPPERROOM Cloud content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to UPPERROOM Cloud. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against UPPERROOM Cloud and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
9.3. Feedback. UPPERROOM Cloud is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the UPPERROOM Cloud service, including the UPPERROOM Cloud website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the UPPERROOM Cloud service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
9.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the UPPERROOM Cloud Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.
9.5. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
9.6. Changes to Terms of Use and Assignment. UPPERROOM Cloud may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable UPPERROOM Cloud service.
9.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last Updated: October 14, 2019
This Privacy Policy applies to your information we collect when you use our websites (including but not limited to memberstack.io, memberstack.webflow.io, and app.memberstack.io) and any products and services that are available on or through our websites. Throughout this Privacy Policy we’ll refer to our website and other products and services collectively as “Services.”If you have any questions about this Privacy Policy, please contact us at team@memberstack.io.If you are a member or visitor of a site which uses Services provided by MemberStack (“MemberStack Enabled Site”), the ‘End Users/Members’ section of this Privacy Policy applies to you.If you are an independent contractor for MemberStack, the ‘Independent Contractors’ section of this Privacy Policy applies to you.
Information We Collect
We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better. We destroy your data as soon as it's not longer needed for the purposes you agreed to when you provided it.We collect information in three ways: if and when you provide information to us, automatically through operating our services, and from outside sources.
nformation You Provide to Us
The amount and type of information depends on the context and how we use the information. Here are some examples:Registration Information: We ask for basic information from you in order to set up your account - for example, your name, phone number and email address.Transaction and Billing Information: If you buy something from us, you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information. We process this data, but it is stored with a compliant 3rd party.Content Information: In connection with using the Services, you may generate content that provides us with additional information about you.Credentials: In connection with using the Services, you may provide us with credentials for your website (like SSH, FTP, and SFTP username and password).Communications with Us: You may also provide us information when you respond to surveys or communicate with us about a support question.
Information We Collect Automatically
We also collect some information automatically:Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services.Usage Information: We collect information about your usage of our Services. For example, we collect information about the actions that site administrators and users perform on a site–in other words, who did what, when and to what thing on a site (e.g., [username] deleted “[content]” at [time/date]). We also collect information about what happens when you use our Services along with information about your device (e.g., mobile screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions. We may also collect information about your precise location via our mobile apps (when, for example, you post a photograph with location information) if you allow us to do so through your mobile device operating system’s permissions.Information from Cookies & Other Technologies: A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and e-mails. We use cookies and other technologies like pixel tags to help us identify and track visitors, usage, and access preferences for our Services.
How We Use Information
We use information about you as mentioned above and as follows:To provide our Services–for example, to set up and maintain your account, backup and restore your content, charge you for any of our paid Services, and provide you support for the Services;To further develop our Services–for example by adding new features that we think our users will enjoy or find useful;To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;To monitor and protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of MemberStack and others; andTo communicate with you about offers and promotions offered by MemberStack and others we think will be of interest to you, solicit your feedback, or keep you up to date on MemberStack and our products.
How We Share Information
We do not sell your private personal information.We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:Subsidiaries, Employees, and Independent Contractors: We may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Policy for personal information that we share with them.Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information) and those that help us understand and enhance our Services (like analytics providers).As Required by Law: We may disclose information about you in response to a subpoena, court order, or other governmental request.To Protect Rights and Property: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of MemberStack, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that MemberStack goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so.Aggregated and De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services.Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.
Other Things You Should Know
Transferring Information
MemberStack is a worldwide service. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the U.S. and other countries, which may have rights and protections that are different from those in your home country.
Opting Out of Electronic Communications
You may opt out of receiving promotional messages from us. Just follow the instructions in those messages. If you opt out of promotional messages, we may still send you other messages, like those about your account and legal notices.
Our Commitment to Protecting Your Data
Our customers may benefit from a number of rights in relation to their information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your MemberStack account settings or by contacting us. Upon request, MemberStack will provide you with information about whether we hold any of your personal information. By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.For more information about our commitment to data protection, please see the MemberStack Data Protection policy.
End Users/Members.
This section should always be read in conjunction with the specific Privacy Policy and Terms of Service, if any, of the MemberStack Enabled Site which will contain further details regarding the processing of your personal data by the MemberStack Enabled Site.You can get more information about MemberStack by visiting the ‘about MemberStack’ section of our support site. MemberStack assists its users/customers in providing their end users with a better experience and service as well as assist them in diagnosing technical problems and analyzing user trends. Most importantly, through MemberStack’s Services, the functionality of the MemberStack Enabled Site can be improved, making them more user-friendly, more valuable, and simpler to use for the end users.MemberStack has no direct relationship with the end users whose personal data it processes. An individual end user who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the MemberStack customer (the data controller) whose MemberStack Enabled Site you are using. If requested to remove data we will respond within a reasonable timeframe. In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.
Privacy Policy Changes
Although most changes are likely to be minor, MemberStack may change its Privacy Policy from time to time. MemberStack encourages visitors to frequently check this page for any changes to its Privacy Policy. If we make changes, we will notify you by revising the change log below, and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you a notification through e-mail or your dashboard). Your continued use of the Services after any change in this Privacy Policy will constitute your consent to such change.
Last modified: October 14, 2019
