What personal information do we collect from the people that visit our blog, website or app?
We do not collect information from visitors of our site.
or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.Some of the features that make your site experience more efficient and may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.
We do include and offer third-party products or services on our website.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
You can change your personal information:
- By emailing us (See below)
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Process orders and to send information and updates pertaining to orders.
To be in accordance with CANSPAM, we agree to the following:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at email@example.com and we will promptly remove you from ALL correspondence.
We use the information that we collect about you to fulfill your product and service purchases and to create a more personalized online experience. This Policy may change from time to time, so please check back periodically.
To ensure the highest quality purchasing experience for you, we have relationships with our affiliated companies, including without limitation Crafting Technologies, LLC to operate certain portions of our site and provide site related and other services. Any references to “we” or to “us” includes and refers to each of these affiliated companies and to Crafting Technologies, LLC.
1. What information does CraftingTech.online collect from you?
In order to better provide you with numerous products and services, CraftingTech.online collects your information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.
We may collect personal information when you register and set up an account, order a product or service, register for a Gift List, enter contests or sweepstakes, fill out surveys, and send us feedback. For example, personally identifiable information might include your name, billing address, shipping address, telephone number, e-mail address, credit card or other payment information, and products viewing or purchase history(“Personally Identifiable Information”). With this information, CraftingTech.online can fill your orders and better provide you with personalized services. For a few services, we may collect your Personally Identifiable Information on behalf of other merchants and share it with them. CraftingTech.online does not sell or rent your Personally Identifiable Information to third parties.
2. Crafting Technologies Account
When you create an account on CraftingTech.online, you are creating an account that can be shared and used across other services provided by the Crafting Technologies.
3.Where do we collect information from you and how do we use it?
Our primary goal in collecting personal information is to provide CraftingTech.online’s visitors with a superior customized online experience. We use the customer contact information to fill orders, contact purchasers to inform them of their order status, to send promotional information, to enhance the operation.
Personally Identifiable Information may also be transferred to third parties who act for or on our behalf, for further processing in accordance with the purpose(s) for which the data were originally collected or may otherwise be lawfully processed, such as services delivery, evaluating the usefulness of this website, marketing, data management or technical support. Demographic data also may be collected at our site from third party advertising servers, content servers, or web site analysis agents who provide us with the zip code and area code associated with a visitor’s server, along with pages viewed on our site. We review the actions of the CraftingTech.online visitors on an aggregate basis to determine customers’ preferences. CraftingTech.online also does research on our visitors’ demographics, interests, and pages that they viewed, based upon the information provided that they have provided to us during ordering, a promotion, from our server log files, from our web site analysis agents, or from contests, drawings or surveys. We will use this data to tailor the visitor’s experience at our site, to improve our marketing and promotional efforts, to statistically analyze site use, to improve our product offerings, and to customize our site’s content, layout, and services. We receive reports from third party ad servers, content servers, or web site analysis agents that tell us how many ads were presented and clicked upon or what content was served or viewed.
We gather information in the following ways:
We collect your Information while you are purchasing a subscription service on the CraftingTech.online site. We collect this information from visitors to our site regarding the URLs they came from, domain types (e.g., .com or .org), their IP addresses, the date and time of their visit or order, the number of visits and orders, the number of visits per browsing session, the server type, the operating system and browser type used to come to the site, the country, state and telephone area code where their servers are located, the pages and page titles of our site that visitors viewed during their visit, whether the visitor’s computer is enabled for Java or cookies, browser language, applications and plug-ins, and any search terms entered on our site.
When you order from us, we collect Personally Identifiable Information from you. If you order one of our products or services, then we will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address, page you bought from and a password. We collect this information, in order to fill your order, to communicate with you about your order, to send you promotional materials and maintain Crafting Technologies ID. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains and these changes will be automatically kept for future use. We may require additional varifications or information from you before accepting any order.
Contests and Sweepstakes
When you enter a contest or other promotion, we may ask you for Personally Identifiable Information such as your name, address and e-mail address. We may request this Personally Identifiable Information in order to administer the contest, to send you promotional e-mails, notify winners or to make the winners’ list publicly available pursuant to certain states’ laws. Your consent to such promotional use and disclosure of this Personally Identifiable Information may be a condition of your participation. For example, as a condition of receiving any prize you are likely to be required to submit an Affidavit of Eligibility for us to ensure your eligibility to receive the prize according to the Contest Rules.
Newsletters, Promotional E-mails and Personalized On-line Ads
Contact Information and Third Party Data
If you contact CraftingTech.online or our customer service representatives by telephone, e-mail or letter, then we may keep a record of your correspondence or comments. If you report a problem with our site, then we may collect such information in a file specific to you. If you contact us through our feedback area or by calling one of our customer service representatives, then we may ask for your name, e-mail address and order information in order to send you a reply. If other users or third parties send us correspondence about your activities or purchases on our site, then we may keep the information in a file specific to you. The information collected about you in these cases may include your Personally Identifiable Information.
We do not use a third party to help us provide customer service. Note that any contact with Crafting Technologies customer service in which Personally Identifiable Information is exchanged with a customer service representative will be used only for the purpose of satisfying your request. Any Personally Identifiable Information you provide will not be recorded or used for any reason beyond that of the stated request.
Our Affiliate Program (Affiliate Connection) is administered by a third party, on a third party’s Web site. Any information about you that they collect is not governed by this Policy and they will independently collect, use and share your Personally Identifiable Information in accordance with their own privacy policies. If you have questions about their information practices, then please read their privacy policies.
We may display advertisements on our site, both our own advertisements and third party advertisements. By knowing a little about you and by using that Personally Identifiable Information, CraftingTech.online is able to deliver more relevant advertisements and content to you in the form of targeted banners and promotions. For example, advertisers give us an advertisement and tell us the type of audience they want to reach. CraftingTech.online takes the advertisement and includes it in a CraftingTech.online e-mail to prior customers whose Personally Identifiable Information indicates that they meet that criterion. We may also use Personally Identifiable Information to allow our advertising partners to assist us in delivering personalized on-line ads to you by using cookies while you are on the Internet. We also display third party advertising, where third-party servers display ads linked to certain search terms that you have entered or to certain pages that you are viewing. The third parties may use technologies such as cookies to gather information about your activities on the Internet in order to provide you advertising based upon your browsing activities and interests.
Web Site Use
We also track customers’ Personally Identifiable Information such as traffic patterns throughout their online session, including which pages, information and advertisements that a customer views while using the site and what items that they place in their basket or purchase. We use your information such as your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information.
Action Tags/Web Beacons
We may use and allow others to use action tags or web beacons in the operation of our site; those action tags or web beacons may contain Personally Identifiable Information. To find out what action tags and web beacons are and how they are used, see the Section 11 of this Policy.
4. Who is collecting your information?
Ad Servers and Content Servers
We use a third party image serving company to serve the graphics that visitors see on our site more quickly. We will disclose the Information (visitor’s IP address and the URLs of any graphics viewed and the date and time of visit) to the third parties. Note that it is with the requirement that such Personally Identifiable Information will be kept confidential and will be used only for CraftingTech.online services.
We use a third party to send promotional e-mails to customers. Images contained in the email may be served by the third party. They collect certain items of your information such as your IP address, browser type, your operating system, the country and server your computer is logged onto, where the servers that your computer is logged onto is located, the time and date that a particular email was viewed, the area code and zip code associated with your server, and whether you responded to a particular ad or email, products viewed and whether you continued on to make a purchase. Note that it is with the requirement that such Personally Identifiable Information will be kept confidential and will be used only for CraftingTech.online services.
Website Analysis Agent
We do not use a third party bank to provide the CraftingTech.online branded credit cards or financing.
General Order Fulfillment and Site Operations
We contract with third-party service providers to operate many of our website functions. We may provide such other third-party service providers with your other Personally Identifiable Information in accordance with this Policy as may be needed to fulfill any orders that you may place.
Marketing Partners, Co-Branded Services, Framing/Windows on Third-Party Sites
We may run promotions for merchants where you may visit the merchants’ sites. In some of those promotions, a window or frame containing the merchant’s site may appear. Any time you are in a window, you should assume that your personal information is being collected, used and disclosed in accordance with that merchant’s policies. Any information about you that they collect is not governed by this Policy and they will independently collect, use and share your Personally Identifiable Information in accordance with their own privacy policies. If you have questions about their information practices, then please read their privacy policies. However, once you click on a return link to our site, you can expect that further information that you disclose will be treated in accordance with this Policy.
On occasion, unaffiliated third parties will “frame” CraftingTech.online’s site in an effort to collect customer information. To ensure your privacy, make sure that your order originates from CraftingTech.online’s site. Any information about you that those unaffiliated third parties collect is not governed by this Policy and they will independently collect, use and share your Personally Identifiable Information in accordance with their own privacy policies. If you have questions about their information practices, then please read their privacy policies. CraftingTech.online is not in any manner responsible in the event that you do disclose information to an unaffiliated framing site.
Links and Banner Ads to Third-Party Sites
As a buyer on the CraftingTech.online Marketplace, sellers collect Personally Identifiable Information that is reasonably necessary for sellers to ship the products to you, to communicate with you regarding purchases and to communicate with you regarding any issues that may arise in connection with your purchase. This information includes your “ship to” information and your email address. As a seller on the CraftingTech.online Marketplace, buyers collect Personally Identifiable Information that is reasonably necessary for buyers to communicate with you regarding the purchase and shipment of goods and services purchased from you and any issues that may arise in connection with their purchase. This information includes your seller information provided during your marketplace registration and your email address. In addition, as a seller on the CraftingTech.online Marketplace, all visitors and potential buyers on the Site will be able to see and collect your basic “seller information”, seller rating, buyer feedback of you and your seller email address. Our marketplace agreements and policies contain restrictions on a buyer’s and seller’s collection, use and disclosure of personal information obtained in connection with use of the marketplace. However, CraftingTech.online cannot control any such collection, use and/or disclosure by buyers or sellers, and shall have no liability for any act or omission by a buyer or seller with respect to such information.
5. With whom do we share your information?
The information collected by us is used for processing orders, keeping you informed about your order status, for statistical purposes, for improving our site and its performance, to serve ads, and to notify you of products or special offers that may be of interest to you. We will disclose your Personally Identifiable Information to third parties to charge your credit card, fill your order, deliver your order, provide customer service, provide you with credit and deliver promotional e-mails to you from CraftingTech.online. For example, we must release your credit card information to the card-issuing bank to confirm payment; and release your address and telephone information to the delivery service to deliver products that you ordered.
Other Parties Generally
We may provide Non-Personally Identifiable Information about our customers’ sales, traffic patterns, and related site information to third parties, but these statistics do not include any Personally Identifiable Information. We may release Personally Identifiable Information such as account information when we believe that such release is reasonably necessary to enforce or apply our Terms and Conditions or to protect the rights, property, and safety of CraftingTech.online, our users, or others. If customers do not pay us for products ordered, then we may submit their Personally Identifiable Information such as account information to a third party collection agency. Those third parties include authorized contractors, temporary employees and consultants and other companies working with us (collectively, “agents”). We will ask our agents not to disclose or use your personal information for purposes other than to provide services to you or CraftingTech.online.
Products Advertised on Our Site
Where you order or sign up for goods or services offered through our site, but sold directly to you by a third party or fulfilled by a third party, we give your Personally Identifiable Information to that third party to facilitate the sale of such goods or services (e.g., our Cellular Store and any magazine offers available on our site).
Data Analysis Agents
The Personally Identifiable Information collected by or for CraftingTech.online may be provided to an outside company for the purpose of analysis. That analysis is to help us to improve our site and product selection, and to notify you of special offers that may be of interest to you. That data analysis agent may not share any Personally Identifiable Information with others, or may not use it for any other purpose than to help CraftingTech.online.
Ad & Content Servers, Advertisers, Image Servers and Website Analysis Agents
These third parties use their cookies’ identification numbers and internal web site tracking features to serve ads on our site and to collect aggregated information to create statistics about our customers and visitors, traffic patterns, and related site information. In the event that our ad servers collect any Personally Identifiable Information on our behalf, it will not be used by them or disclosed to any third parties.
Compliance with Service of Process or Law Enforcement
Occasionally CraftingTech.online may be asked by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation, without prior notice to you. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we believe to be unlawful.
Sweepstakes and Drawings
Where you enter a sweepstakes, drawing or other promotion, we may provide Personally Identifiable Information from your entry, including name, address, email address and age, to the company providing the prize or sponsoring the promotion. They may use your Personally Identifiable Information to send you marketing or promotional materials or other communications.
As a buyer on the CraftingTech.online Marketplace, we share with sellers your Personally Identifiable Information that is reasonably necessary for sellers to ship the products to you and to communicate with you regarding purchases and any issues that may arise in connection with your purchase. This information includes your “ship to” information and your email address. As a seller on the CraftingTech.online Marketplace, we share with buyers your Personally Identifiable Information that is reasonably necessary for buyers to communicate with you regarding the purchase and shipment of goods and services purchased from you and any issues that may arise in connection with their purchase. This information includes your seller information provided during your marketplace registration and your email address. In addition, as a seller on the CraftingTech.online Marketplace, we share with all visitors and potential buyers on the Site your basic “seller information,” seller rating, buyer feedback of you and your seller email address.
Sale of the Company
CraftingTech.online and its affiliated companies each reserve the right to disclose your Personally Identifiable Information in the event that any such company is sold, in whole or in part, either as an entire corporate entity or through an asset sale that includes a customer information database. This right is reserved whether or not the customer database is sold independently of any continuing operations of such company.
Your California Privacy Rights
California residents may request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at privacy@mail.CraftingTech.online. Please allow up to thirty (30) days for a response.
Your Rights Under the General Data Protection Regulation (“GDPR”)If you wish to know what personal data we hold about you, to have us remove it, or otherwise to exercise your rights, please contact us at firstname.lastname@example.org
You also have the following rights related to your personal data, under European Union law:
- The right to access, update, or delete your personal data.
- The right of rectification—to have your information altered if it is inaccurate or incomplete.
- The right to object to our processing of your personal data.
- The right of restriction—to request that we restrict how we process your personal data.
- The right to data portability—to receive a copy of the information we have on you in a structured, machine-readable, and commonly used format.
- The right to withdraw consent to our processing of your personal data.
- The right to complain to an EEA data protection authority (a government agency) about our management of your personal data.
6. How can you update or correct your Personally Identifiable Information?
We believe you should have the ability to access and edit the personal information that you have provided to us. During the online ordering process you can review, change, or delete the information that you have submitted. You may change any of your personal information in your account online at any time. We encourage you to promptly update your information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Also, as a security measure we “back up” the data stored on our systems, and such prior information cannot be completely removed from our databases. As a result, you should not expect that all of your Personally Identifiable Information will be completely removed from our backed-up databases.
7. What are your choices regarding collection, use, and distribution of your information?
Note regarding Ad-servers and other Content Servers: You may also set your browser so that it will not accept “cookies” to prevent assignment from the ad server of a unique identifier; however, you may experience difficulty shopping on our site and performing other transactions if you do so.
8. What security precautions are in place to protect against the loss, misuse, or alteration of your information?
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Within CraftingTech.online, your information is kept on password protected, limited access servers. Wherever possible and applicable, CraftingTech.online servers reside behind a corporate firewall that maintains controls on access to the system from both our internal network and the Internet.
9. What about children’s privacy?
You must be at least 18 years old to have our permission to use this site. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors under 13 years of age. If you are the parent or guardian of a child under 13 years of age and believe that they have disclosed personally identifiable information to us, then please contact us at email@example.com so that we may delete the child’s information.
10. What about “Do Not Track” signals?
Our website does not respond to “Do Not Track” signals. There is currently no universally recognized standard for “Do Not Track” signals. The World Wide Web Consortium is still working towards establishing a uniform “Do Not Track” web browser mechanism. Accordingly, at this time, our website does not respond to any “Do Not Track” signals.
11. What about CraftingTech.online and third-party use of “cookies” and “action tags?”
When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to CraftingTech.online. The cookies make your use of the site easier, allow you to retrieve an earlier shopping cart, make the site run more smoothly and help us to maintain a secure site. You will be unable to shop on our site without your browser set to accept cookies.
Ad Server and Content Server Cookies:
We may use an outside ad serving company or content server to display banner advertisements and other information on our site and other sites or to serve promotional emails or personalized on-line ads. As part of their service, they place a separate cookie on your computer. Except for the company that serves our promotional emails and the company that serves personalized on-line ads, CraftingTech.online does not provide third-party ad servers with any of your Personally Identifiable Information.
Personalized On-line Ad Serving:
We may provide the company that serves our personalized on-line ads with Personally Identifiable Information such as your first name and/or with a product /category (chosen by CraftingTech.online based on your personal preferences and/or prior purchase history e.g., electronics, books, DVDs), which are used to serve you the most relevant personalized on-line ad. The unique identifier included within the cookie placed tells the ad serving company to serve you a personalized on-line ad when you visit the site of a participating web site within the network. The foregoing Personally Identifiable Information is not disclosed to the participating web sites.
Our third-party ad servers will occasionally use outside agents, whose computers will serve ads on our site in the same manner and under the same conditions as above. In addition, other ad serving companies or advertisers may place banner ads on our site in the same manner as above, but accept as disclosed in this policy we do not disclose to them any Personally Identifiable Information.
Image Server Cookies:
As part of the ad-serving process, a third party may serve graphics upon our site. In order to customize their service, they may also place a cookie upon your computer. While CraftingTech.online does not control their use of that cookie, no Personally Identifiable or individual customers’ product information is collected.
Website Analysis Agent Cookies:
We may use a third party to analyze what our visitors find to be most interesting on our site. To do that, they will place a cookie on your computer with a randomly assigned unique number in order to track the pages that you view on our site, along with other Non-Personally Identifiable Information.
Action Tags, Web Beacons and other Data Collection Methods:
An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by customers who view certain advertisements or other information on our site. Action tags are 1×1 pixel images embedded in a website page that are used to transparently collect information. Our ad server, content servers, affiliate program manager and website analysis agents may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of our site and to provide information about what products are viewed or purchased. Without collecting any Personally Identifiable Information, they use that data to tell us (and other advertisers) which ads are the most effective on particular sites. Our ad server, content server, affiliate program manager and website analysis agents may use an action tag on our basket page, checkout page, and other pages, to keep anonymous track of the number of times that clicking on a banner ad or views other information on our site results in a purchase. They also collect Non-personally Identifiable Information such as the amount of the purchase, order confirmation number, stock keeping unit number, quantity and identity of product purchased.
E-mail Distributor’s Use of Action Tags:
Our third-party e-mail distributor may also use action tags. They may, for example, keep track of when a promotional e-mail is opened and provide CraftingTech.online with ongoing aggregated reports of how many customers have responded. We share with them Personally Identifiable Information such as web site usage information about visitors to our web site who have received a promotional e-mail or other targeted promotional campaign. They use the information for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third-party e-mail distributor note some of the pages you visit on our web site through the use of action tags.
12. Why should I carefully review privacy policies of any third party sites accessible from CraftingTech.online?
13. How do I contact CraftingTech.online about privacy questions or concerns?
Attn: Legal Department
Crafting Technologies, LLC
P.O. Box 19053
Lenexa, KS 66285
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPTED AND AGREED TO,” CUSTOMER AGREES TO THESE TERMS AND CONDITIONS.
These Terms of Service constitute an agreement (this “Agreement”) by and between Crafting Technologies,LLC, a Kansas Corp. whose principal place of business is Lenexa, KS (“Vendor”) and the individual, corporation, LLC, partnership, sole proprietorship, or other business entity executing this Agreement (“Customer”). This Agreement is effective as of the date Customer clicks “Accepted and Agreed To” (the “Effective Date”). Customer’s use of and Vendor’s provision of Vendor’s System (as defined below in Section 1.6) are governed by this Agreement.
EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON SIGNING ON ITS BEHALF HAS BEEN AUTHORIZED TO DO SO. THE PERSON EXECUTING THIS AGREEMENT ON CUSTOMER’S BEHALF REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND CUSTOMER TO THESE TERMS AND CONDITIONS.
- DEFINITIONS. The following capitalized terms will have the following meanings whenever used in this Agreement.
- “AUP” means Vendor’s acceptable use policy currently posted at craftingtech.online/termsofservice.
- “Customer Data” means data in electronic form input or collected through the System by or from Customer, including without limitation by Customer’s Users.
- “Documentation” means Vendor’s standard manual related to use of the System, as well as Servers and Software.
- “Order” means an order for access to the System.
- “System” means Vendor’s Servers and Software.
- “SLA” means Vendor’s standard service level agreement, currently posted at craftingtech.online/pricinglevels.
- “Term” is defined in Section 11.1 below.
- “User” means any individual who uses the System on Customer’s behalf or through Customer’s account or passwords, whether authorized or not.
- THE SYSTEM.
- Use of the System. During the Term, Customer may access and use the System pursuant to the terms of any outstanding Order, including such features and functions as the Order requires.
- Service Levels. Vendor shall provide the remedies listed in the SLA for any failure of the System listed in the SLA. Such remedies are Customer’s sole remedy for any failure of the System, and Customer recognizes and agrees that if the SLA does not list a remedy for a given failure, it has no remedy. Credits issued pursuant to the SLA apply to outstanding or future invoices only and are forfeit upon termination of this Agreement. Vendor is not required to issue refunds or to make payments against such credits under any circumstances, including without limitation after termination of this Agreement.
- Documentation. Customer may reproduce and use the Documentation solely as necessary to support Users’ use of the System.
- System Revisions. Vendor may revise System features and functions or the SLA at any time, including without limitation by removing such features and functions or reducing service levels. If any such revision to the System materially reduces features or functionality provided pursuant to an Order, Customer may within 30 days of notice of the revision terminate such Order, without cause, or terminate this Agreement without cause if such Order is the only one outstanding. If any such revision to the SLA materially reduces service levels provided pursuant to an outstanding Order, the revisions will not go into effect with respect to such Order until the start of the Term beginning 45 or more days after Vendor posts the revision and so informs Customer.
- Subscription Fees. Customer shall pay Vendor the fee set forth in the selected Order (the “Subscription Fee”) for each Term. Vendor will not be required to refund the Subscription Fee under any circumstances.
- Taxes. Amounts due under this Agreement are payable to Vendor without deduction and are net of any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value added tax withheld at the source. If applicable law requires withholding or deduction of such taxes or duties, Customer shall separately pay Vendor the withheld or deducted amount. However, the prior two sentences do not apply to taxes based on Vendor’s net income.
- CUSTOMER DATA & PRIVACY.
- Use of Customer Data. Unless it receives Customer’s prior written consent, Vendor: (a) shall not access, process, or otherwise use Customer Data other than as necessary to facilitate the System; and (b) shall not intentionally grant any third party access to Customer Data, including without limitation Vendor’s other customers, except subcontractors that are subject to a reasonable nondisclosure agreement. Notwithstanding the foregoing, Vendor may disclose Customer Data as required by applicable law or by proper legal or governmental authority. Vendor shall give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense.
- Risk of Exposure. Customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the System, Customer assumes such risks. Vendor offers no representation, warranty, or guarantee that Customer Data will not be exposed or disclosed through errors or the actions of third parties.
- Data Accuracy. Vendor will have no responsibility or liability for the accuracy of data uploaded to the System by Customer, including without limitation Customer Data and any other data uploaded by Users.
- Data Deletion. Vendor may permanently erase Customer Data if Customer’s account is delinquent, suspended, or terminated for 30 days or more.
- Excluded Data. Customer represents and warrants that Customer Data does not and will not include, and Customer has not and shall not upload or transmit to Vendor’s computers or other media, any data (“Excluded Data”) regulated pursuant to ____________________ (the “Excluded Data Laws”). CUSTOMER RECOGNIZES AND AGREES THAT: (a) VENDOR HAS NO LIABILITY FOR ANY FAILURE TO PROVIDE PROTECTIONS SET FORTH IN THE EXCLUDED DATA LAWS OR OTHERWISE TO PROTECT EXCLUDED DATA; AND (b) VENDOR’S SYSTEMS ARE NOT INTENDED FOR MANAGEMENT OR PROTECTION OF EXCLUDED DATA AND MAY NOT PROVIDE ADEQUATE OR LEGALLY REQUIRED SECURITY FOR EXCLUDED DATA.
- Aggregate & Anonymized Data. Notwithstanding the provisions above of this Article 4, Vendor may use, reproduce, sell, publicize, or otherwise exploit Aggregate Data in any way, in its sole discretion. (“Aggregate Data” refers to Customer Data with the following removed: personally identifiable information and the names and addresses of Customer and any of its Users or customers.)
- CUSTOMER’S RESPONSIBILITIES & RESTRICTIONS.
- Acceptable Use. Customer shall comply with the AUP. Customer shall not: (a) use the System for service bureau or time-sharing purposes or in any other way allow third parties to exploit the System; (b) provide System passwords or other log-in information to any third party; (c) share non-public System features or content with any third party; (d) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas, features, functions or graphics of the System; or (e) engage in web scraping or data scraping on or related to the System, including without limitation collection of information through any software that simulates human activity or any bot or web crawler. In the event that it suspects any breach of the requirements of this Section 5.1, including without limitation by Users, Vendor may suspend Customer’s access to the System without advanced notice, in addition to such other remedies as Vendor may have. Neither this Agreement nor the AUP requires that Vendor take any action against Customer or any User or other third party for violating the AUP, this Section 5.1, or this Agreement, but Vendor is free to take any such action it sees fit.
- Unauthorized Access. Customer shall take reasonable steps to prevent unauthorized access to the System, including without limitation by protecting its passwords and other log-in information. Customer shall notify Vendor immediately of any known or suspected unauthorized use of the System or breach of its security and shall use best efforts to stop said breach.
- Compliance with Laws. In its use of the System, Customer shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of Customer Data.
- Users & System Access. Customer is responsible and liable for: (a) Users’ use of the System, including without limitation unauthorized User conduct and any User conduct that would violate the AUP or the requirements of this Agreement applicable to Customer; and (b) any use of the System through Customer’s account, whether authorized or unauthorized.
- IP & FEEDBACK.
- IP Rights to the System. Vendor retains all right, title, and interest in and to the System, including without limitation all software used to provide the System and all graphics, user interfaces, logos, and trademarks reproduced through the System. This Agreement does not grant Customer any intellectual property license or rights in or to the System or any of its components. Customer recognizes that the System and its components are protected by copyright and other laws.
- Feedback. Vendor has not agreed to and does not agree to treat as confidential any Feedback (as defined below) Customer or Users provide to Vendor, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Vendor’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting Customer or the User in question. Notwithstanding the provisions of Article 7 below, Feedback will not be considered Confidential Information, provided information Customer transmits with Feedback or related to Feedback may be considered Confidential Information. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Vendor’s products or services.)
- CONFIDENTIAL INFORMATION. “Confidential Information” refers to the following items Vendor discloses to Customer: (a) any document Vendor marks “Confidential”; (b) any information Vendor orally designates as “Confidential” at the time of disclosure, provided Vendor confirms such designation in writing within thirty (30) business days; (c) the Documentation and any associated files, whether or not marked or designated confidential; and (d) any other nonpublic, sensitive information Customer should reasonably consider a trade secret or otherwise confidential. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Customer’s possession at the time of disclosure; (ii) is independently developed by Customer without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of Customer’s improper action or inaction; or (iv) is approved for release in writing by Customer. Customer is on notice that the Confidential Information may include Vendor’s valuable trade secrets.
- Nondisclosure. Customer shall not use Confidential Information for any purpose other than creating personal crafts (the “Purpose”). Customer: (a) shall not disclose Confidential Information to any employee or contractor of Customer unless such person needs access in order to facilitate the Purpose and executes a nondisclosure agreement with Customer with terms no less restrictive than those of this Article 7; and (b) shall not disclose Confidential Information to any other third party without Vendor’s prior written consent. Without limiting the generality of the foregoing, Customer shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. Customer shall promptly notify Vendor of any misuse or misappropriation of Confidential Information that comes to Customer’s attention. Notwithstanding the foregoing, Customer may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. Customer shall give Vendor prompt notice of any such legal or governmental demand and reasonably cooperate with Vendor in any effort to seek a protective order or otherwise to contest such required disclosure, at Vendor’s expense.
- Injunction. Customer agrees that breach of this Article 7 would cause Vendor irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Vendor will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.
- Termination & Return. With respect to each item of Confidential Information, the obligations of Section 7.1 above (Nondisclosure) will terminate seven (7) days after the date of disclosure; provided that such obligations related to Confidential Information constituting Vendor’s trade secrets will continue so long as such information remains subject to trade secret protection pursuant to applicable law. Upon termination of this Agreement, Customer shall return all copies of Confidential Information to Vendor or certify, in writing, the destruction thereof.
- Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. Vendor will retain all right, title, and interest in and to all Confidential Information.
- Exception & Immunity. Pursuant to the Defend Trade Secrets Act of 2016, 18 USC Section 1833(b), Recipient is on notice and acknowledges that, notwithstanding the foregoing or any other provision of this Agreement:
- Immunity. An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that- (A) is made- (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
- Use of Trade Secret Information in Anti-Retaliation Lawsuit. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual, (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order.
- REPRESENTATIONS & WARRANTIES.
- From Vendor. Vendor represents and warrants that it is the owner of the System and of each and every component thereof, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the rights granted in this Agreement without the further consent of any third party. Vendor’s representations and warranties in the preceding sentence do not apply to use of the System in combination with hardware or software not provided by Vendor. In the event of a breach of the warranty in this Section 8.1, Vendor, at its own expense, shall promptly take the following actions: (a) secure for Customer the right to continue using the System; (b) replace or modify the System to make it non-infringing; or (c) terminate the infringing features of the Service and refund to Customer any prepaid fees for such features, in proportion to the portion of the Term left after such termination. In conjunction with Customer’s right to terminate for breach where applicable, the preceding sentence states Vendor’s sole obligation and liability, and Customer’s sole remedy, for breach of the warranty in this Section 8.1 and for potential or actual intellectual property infringement by the System.
- From Customer. Customer represents and warrants that: (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement; (b) it has accurately identified itself and it has not provided any inaccurate information about itself to or through the System; and (c) it is a corporation, the sole proprietorship of an individual 18 years or older, or another entity authorized to do business pursuant to applicable law.
- Warranty Disclaimers. Except to the extent set forth in the SLA and in Section 8.1 above, CUSTOMER ACCEPTS THE SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON_INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) VENDOR HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CUSTOMER OR USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (b) VENDOR DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (c) VENDOR DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE.
- INDEMNIFICATION. Customer shall defend, indemnify, and hold harmless Vendor and the Vendor Associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to Customer’s alleged or actual use of, misuse of, or failure to use the System, including without limitation: (a) claims by Users or by Customer’s employees, as well as by Customer’s own customers; (b) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information, including Customer Data; (c) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the System through Customer’s account, including without limitation by Customer Data; and (d) claims that use of the System through Customer’s account harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising. Indemnified Claims include, without limitation, claims arising out of or related to Vendor’s negligence. Customer’s obligations set forth in this Article 9 include retention and payment of attorneys and payment of court costs, as well as settlement at Customer’s expense and payment of judgments. Vendor will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. (The “Vendor Associates” are Vendor’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.)
- LIMITATION OF LIABILITY.
- Dollar Cap. VENDOR’S CUMULATIVE LIABILTY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $100.00.
- Exclusion of Consequential Damages. Except with regard to breaches of Article 7 (Confidential Information), IN NO EVENT WILL VENDOR BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
- Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 10 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF VENDOR IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Article 10, Vendor’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Vendor’s liability limits and other rights set forth in this Article 10 apply likewise to Vendor’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.
- Term & Termination
- Term. The term of this Agreement (the “Term”) will commence on the Effective Date and continue for the period set forth in the Order or, if none, for __ fifteen (15) days __. Thereafter, the Term will renew for successive _____ periods, unless either party refuses such renewal by written notice 30 or more days before the renewal date.
- Termination for Cause. Either party may terminate this Agreement for the other’s material breach by written notice specifying in detail the nature of the breach, effective in 30 days unless the other party first cures such breach, or effective immediately if the breach is not subject to cure.
- Effects of Termination. Upon termination of this Agreement, Customer shall cease all use of the System and delete, destroy, or return all copies of the Documentation in its possession or control. The following provisions will survive termination or expiration of this Agreement: (a) any obligation of Customer to pay fees incurred before termination; (b) Articles and Sections 6 (IP & Feedback), 7 (Confidential Information), 8.3 (Warranty Disclaimers), 9 (Indemnification), and 10 (Limitation of Liability); and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.
- Independent Contractors. The parties are independent contractors and shall so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf.
- Notices. Vendor may send notices pursuant to this Agreement to Customer’s email contact points provided by Customer, and such notices will be deemed received 24 hours after they are sent. Customer may send notices pursuant to this Agreement to Vendor(s), and such notices will be deemed received 72 hours after they are sent.
- Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.
- Assignment & Successors. Customer may not assign this Agreement or any of its rights or obligations hereunder without Vendor’s express written consent. Except to the extent forbidden in this Section 12.4, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
- Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
- No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
- Choice of Law & Jurisdiction. This Agreement and all claims arising out of or related to this Agreement will be governed solely by the internal laws of the State of Kansas, including without limitation applicable federal law, without reference to: (a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Johnson County, Kansas. This Section 12.7 governs all claims arising out of or related to this Agreement, including without limitation tort claims.
- Technology Export. Customer shall not: (a) permit any third party to access or use the System in violation of any U.S. law or regulation; or (b) export any software provided by Vendor or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, Customer shall not permit any third party to access or use the System in, or export such software to, a country subject to a United States embargo (as of the Effective Date, Cuba, Iran, North Korea, Sudan, and Syria).
- Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.