Terms & Conditions | Splash Digital

Usage

Lessor and or seller has permission from the (purchaser) (lessee) for periodic access, said access to be determined at the sole discretion of the lessor to make full use of the machine. Full use of the machine includes, but is not limited to uploading, updating, tracking user traffic, and any and all normal online business activities that are associated with the regular and customary use of this product.

Liability Section

With reference to the prior paragraph granting permission to the lessor as well as this entire section where applicable (ie, as relates to liability that may arise out of the various issues, explanations, and disclosures set forth below) the (purchaser) (lessee) hereby assumes full and comprehensive liability for cyber security. Cyber security includes but is not limited to spyware, malware, computer viruses, illegal attempts to gain access to websites, worms, trojans, hackers, and any other illegal attempts by outside parties to gain access to the machine and the data contained therein.

Privacy

We collect information regarding the following current, past, and prospective categories of individuals:

customers and users of our websites, mobile apps and other online content as well as any equipment leased or purchased on which this Notice is displayed;?
independent contractors, including independent delivery drivers (“Driver Partners”) (unless a Driver Partner is considered an employee, in which case a separate employee privacy notice will apply);
representatives and employees of suppliers and other business partners; and
current, past, and prospective job applicants.

We may provide further supplemental notices, as appropriate.

This Notice does not apply to the following information:

Information about our employees and certain contractors and agents acting in similar roles. Such information is subject to a separate privacy notice that we will make available to those individuals.
Health or medical information. Such information is subject to a separate privacy notice that we will make available when relevant.
In the United States, information we collect from individuals with whom we engage in solely business-to-business communications and transactions, such as information about the employees of our business partners and customers.

Changes: We may update this Notice from time-to-time. The current Notice will be effective as of the Effective Date set forth above. Please check this Notice periodically for updates. If any of the changes are unacceptable to you, you should cease interacting with us. When required under applicable law, we will notify you of any changes to this Notice. When required under applicable law (and excluding the EEA, Switzerland, and the UK) , we will seek affirmative consent from you before making material changes to the way we handle Personal Information previously collected from you. If you do not provide such consent, Personal Information will continue to be used in a manner that is consistent with the version of this Notice under which it was collected.

Sources of Personal Information

Information you provide to us directly. We collect information you provide to us directly. This includes when you register and communicate with us directly through our websites, mobile apps, equipment leased or purchased or other instances as described below.
Information collected/received when you/your company do business with us. We may collect and process Personal Information concerning representatives (e.g. employees) of our current, past, and prospective customers, suppliers, investors and business partners that such individuals or their company (e.g., acting as your employer) provide to us.
Information automatically collected or inferred from your interaction with us. We automatically collect technical information about your interactions with us when you use our websites and mobile apps (such as IP address, browsing preferences, and cart and purchase history.)
Information from public sources, including government entities from which public records are obtained and information you submit in public forums.
Information from other third parties. We receive information about you and your interactions with us from third parties, such as from your friends or family, third party service and content providers, entities with whom we partner to sell products, telephone and fax companies, social media networks, data brokers, and others interacting with us.
We may combine information that we receive from the various sources described in this Notice, including third party sources and public sources, and use or disclose it for the purposes identified below. Types of Personal Information
Identifiers, such as your name, alias, postal address, country of residence, unique personal identifier, online identifiers (such as various advertising identifiers), internet protocol (IP) address, email address, account name, phone number, social media identifiers (e.g., Twitter handle, Instagram name, etc.), driver’s license number, passport number, or other similar identifiers.
Customer Records, such as signatures and ID cards (presented to our drivers in instances where this is required for delivery of age-sensitive products, such as alcohol or tobacco).
Protected Class and Demographic Information, such as age, race (only where authorized under applicable local laws), gender, national origin, sex, disability (where allowed under local laws), citizenship, military or veteran status, education, or date of birth.
Financial Information, such as a bank account number for us to be able to charge for goods and services, and pay our Driver Partners and other contractors. We do not store your full credit/debit card numbers, as these are stored by our payment services/gate provider. We only store a tokenized ID of the last four digits of your card, expiration date and type.
Health or Medical Information, when your order contains prescription medication.
Commercial Information and Preferences, including records of personal property, creditworthiness, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or Other Electronic Network Activity and Device Information, such as your browsing history, search history, and information regarding your interactions with us (through our website and mobile apps, or through advertisements on third party platforms), and operating system/platform of your device.
Geolocation Information, such as longitude and latitude from your IP address or mobile device location. If you are our customer, we collect this when you submit your address at the time of order (if you enabled location sharing for our mobile app). If you are our driver, we collect this information while you are delivering the order.
Audio, Electronic, Visual, Thermal, Olfactory or Similar Information, such as full-face photographic images (when you apply for a job, sign-up as a user / driver or where we check your identity for delivery of age-sensitive products), video recordings / photos of our premises, call center recordings, or customer support chat logs.
Professional, Employment, or Education Information, such as job title, business address, employment history, or other professional information. This may also include information about your previous work performance provided by your former employers or other references provided by third parties and information regarding your right to work in the country, where the position for which you are applying is located (this may include citizenship/residency data, passport data, visa data, and work permit details).
Education Information, such as your education history, qualifications and certifications you hold, and other information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act.
Inferences drawn from any of the information we collect to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. How we use your personal information.

To enable interactions between you and us and to provide our services to you, such as to facilitate online purchases of our products; process shipping, returns, and related location tracking (which is active only while our customer enters their address in our platform to order); register and administer your account, provide you with and support your interactions with us; diagnose, repair and track service and quality issues; facilitate an order, download, return, or exchange; provide requested product information; communicate with you about your account or our data practices; install and configure changes and updates to programs and technologies related to interactions with us; authenticate those who interact with us; or to respond to your requests, complaints, and inquiries.
To facilitate subscription programs, such as our FAM monthly/yearly subscription program to deliver to you the benefits associated with these programs when you fulfil the conditions outlined therein (and to verify you have done so), such as reduced delivery fees and other offers, as applicable from time-to-me.
Facilitate business relationship with you/companies, acting as our investors, suppliers and other business partners, such as to enter into contracts, provide you with updates as required under applicable laws and/or agreements with you, to coordinate sales orders and management, warranty management, credit and payment collection, compliance with relevant export control, anti-money laundering, accounting and other business-based legal requirements that require us to process your Personal Information.
For our own internal business-improvement purposes, such as to evaluate or audit the usage and performance of programs and technologies related to interactions with us, including crash reporting; evaluate and improve the quality of your interactions with us and programs and technologies related to interactions with us; design new services; process and catalog your responses to surveys or questionnaires (e.g., customer satisfaction reviews); perform internal research for technological development and demonstration; conduct data analysis and testing; maintain proper business records and other relevant records.
Surveys and questionnaires. We may ask you to complete an online survey, opinion poll or other questionnaire in order to obtain your input on our services or relationship, which will help us improve our business practices.
For legal, safety, or security reasons, such as to comply with legal requirements; establish, exercise or defend against legal claims that we may have against you/pursue together with you, whether in court proceedings or in an administrative or out-of-court procedure; protect our safety, our property or rights of those who interact with us, or others; and detect, prevent, and respond to security incidents or other malicious, deceptive, fraudulent, or illegal activity.
In a de-identified, anonymized, or aggregated format. Depending on the applicable law, when converted to a de-identified, anonymized, or aggregated format, data may no longer constitute Personal Information and we may use this information for any purpose, as legally permitted.
For marketing. We may use your Personal Information to market our products or services or those of third parties, such as our business partners. We may use your Personal Information when you participate in marketing surveys, questionnaires, promotions, testimonials, online comments, product feedback, events, sweepstakes or other contests. We may audit aspects of our ad impressions. We may use your Personal Information for short-term transient use, including for contextual ad customization. We may use your Personal Information to enhance our content and to potentially send you commercial emails or other digital or voice communications.
To opt-out of receiving promotional email messages or other digital or voice communications from us, please click on the "Unsubscribe" link contained at the bottom of the communication or by contacting us using the information in section 11 below. Some of our marketing materials and information may use tracking technologies and analytics tools to help us understand your preferences. For further information, please see Section 6.
Corporate transactions. We may use your Personal Information in order to comply with requests of a prospective or an actual purchaser interested in our companies and other assets, or in relation to a prospective or actual purchase of companies or assets by us.
For any other purposes for which you provide consent. With whom we share personal information
Affiliates and subsidiaries: We may share your Personal Information within our group of companies, which includes parents, corporate affiliates, subsidiaries, business units and other companies that share common ownership for the purposes described above.
Service providers: We may share your Personal Information with service providers working on our behalf in order to facilitate our interactions with you or request or support our relationship with you, such as hosting service providers, IT providers, operating systems and platforms, internet service providers, data analytics companies, and marketing providers (e.g., we may share your email address with our outbound email marketing provider). We may contract with other companies to provide certain services, such as identity verification, email distribution, market research, promotions management and payment processing. We provide these companies with only the information they need to perform their services and work with them to ensure that your privacy is respected and protected. These companies are prohibited by contract from using this information for their own marketing purposes or from sharing this information with anyone other than with us, unless at our direction as part of providing the service or with your agreement.
Business partners: We may also provide your Personal Information or provide access to your Personal Information to our vendors and other business partners, such as shipping companies, brand partners, marketing and advertising companies, and our investors.
Fulfillment partners: We may provide your Personal Information or provide access to your Personal Information to entities that assist us in fulfilling your orders, such as local alcohol stores from which that portion of your order is obtained.
Professional advisors: We may share your Personal Information with various professional advisors such as recruitment agencies/professionals and lawyers, accountants, auditors, translators and where they advise us on our relationship.
For legal, security and safety purposes: We may share your Personal Information with third parties such as law enforcement or other government agencies and authorities and courts to comply with law or legal requirements; to enforce or apply our Terms of Use and other agreements; and to protect our rights and our property or safety of our users or third parties; or to otherwise establish, exercise and defend against legal claims (including by sharing data with opposing or other related parties to the proceedings and their professional advisors).
If you are a law enforcement officer or government agency seeking information and have a valid subpoena or fraud affidavit please submit it here
In connection with a corporate transaction: If we sell/acquire some or all of our assets, merge or are acquired by another entity, including through a sale or in connection with a bankruptcy, we will share your Personal Information with that entity.
The public: There may be opportunities for you to make public comments regarding us or our products. If you provide testimonials we will post your name along with the testimonial with your consent. If you provide feedback we will post your name along with the feedback with your consent. We may post anonymized testimonials and content feedback without your consent. Any Personal Information in posted testimonials or feedback, and any comments you otherwise post on a blog or forum, may be read, collected, or used by other users or the public.
With any entity to which you consent to us sharing your Personal Information.
We may also de-identity, anonymize, or aggregate Personal Information to share with third parties for any purpose, as legally permitted. How We Use Cookies and Automatic Data Collection Tools We also collect information, via cookies, web beacons, pixels, tags or other tracking technologies, such as your Internet Service Provider and IP address, the date and time you access our website or mobile app, the pages you accessed while visiting our website or mobile app, and the Internet address from which you accessed our website or mobile app. Some cookies exist only during a single session and some are persistent over multiple sessions over time. We and our partners use these technologies to ensure basic functionality of our website and mobile app, to remember user preferences (including regarding your preferences regarding tracking technologies), maximize the performance of our website, mobile app, and services, provide you with offers that may be of interest to you, measure the effectiveness of our website, mobile app, and email campaigns and to personalize online content. These cookies and other technologies may be used to track you over time and across devices. When required by law, we only use these tracking technologies, when you have given us your consent to do so.

To provide you with a more relevant and interesting experience, we may work with third party companies to display ads or customize the content on our website or mobile app. These companies may use cookies and similar tracking technologies as described in this Notice to gather information about your visits to the website or mobile app, as well as your visits elsewhere on the Internet. These companies also may use this information to provide you with more relevant advertising known as interest-based advertising. For more information about third-party advertisers and how to prevent them from using your information, please visit https://www.networkadvertising.org/choices/. This is a site offered by the Network Advertising Initiative ("NAI") that includes information on how consumers can opt-out from receiving interest-based advertising from some or all of NAI's members. The Digital Advertising Alliance (“DAA”) also offers a choice mechanism with respect to certain types of data collection and use by third parties available at www.aboutads.info. Opting out of interest-based advertising will not opt you out of all advertising, but rather only interest-based advertising from us or our agents or representatives. Similarly, asking our mobile apps not to track you/not agreeing or rejecting tracking technologies in our cookie banner/preference center/mobile app selection screen will only opt you out of those technologies, but not all advertising. Some browsers have incorporated Do Not Track (“DNT”) preferences. Most of these features, when turned on, send signals to the website you are visiting that you do not wish to have information about your online searching and browsing activities collected and used. As there is not yet a common agreement about how to interpret DNT signals, we do not honor DNT signals from website browsers at this time. However, you may not accept to/refuse or delete cookies. If you do not accept/refuse or delete cookies, some of our website functionality may be impaired or some of the advertising served to you may not be relevant for you anymore. If you change computers, devices, or browsers, or use multiple computers, devices, or browsers, and delete your cookies, you may need to repeat this process for each computer, device, or browser. Please refer to your browser’s Help instructions to learn more about how to manage cookies and the use of other tracking technologies. You can also find more information on managing cookies at All About Cookies - Manage Cookies.

Our websites or equipment might use Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics cookies collect your IP address; however, because IP anonymization is used on this website, your IP address will be shortened (and therefore anonymized) as soon as technically possible and before it is stored or otherwise used in connection with Google Analytics. The anonymization process takes place within the European Union or the European Economic Area, except in exceptional cases, where your full IP address may be sent to a Google server in the United States and shortened there. We use the information collected by Google Analytics cookies to find out about how visitors use our website, to throttle request speed and for advertising tracking. Google will not combine the IP address sent by your browser in connection with Google Analytics with other data. You can prevent Google Analytics cookies from being stored by setting your browser software accordingly or opting-out of Google Analytics by downloading and installing the browser plug-in available here: https://tools.google.com/dlpage/gaoptout. You can also change settings regarding which cookies and tracking technologies placed on your device you allow us and our partners to read, in our cookie preference center. Changing these settings will not delete these cookies, but we will no longer be able to utilize them for the purposes you decided to turn off. Security and Retention We maintain reasonable security procedures and technical and organizational measures to protect your Personal Information against accidental or unlawful destruction, loss, disclosure, alteration, or use.

Your Personal Information will be retained as long as necessary to fulfil the purposes we have outlined in Section 4. of this Notice, unless we are required to do so by applicable law.

This includes retaining your data to provide you with the services requested and interact with you; maintain business relationship with you/your company; determine eligibility of candidates, prepare for future contract establishment and keep data to account for future job offers; to manage relationship with our drivers; to improve our business over time; to ensure ongoing legality, safety and security of our services and relationships or otherwise in accordance with our internal retention procedures. Once you / your company has terminated the contractual relationship with us or otherwise ended your relationship with us, we may retain your Personal Information in our systems and records in order to ensure adequate fulfillment of surviving provisions in terminated contracts, or for other legitimate business purposes, such as in order to enable easier future user onboarding, in order to evidence our business practices and contractual obligations, or to provide you with information about our products and services in case interest. Children's Privacy Interactions with us are intended for individuals 16 years of age and older. Our interactions are not directed at, marketed to, nor intended for, children under 16 years of age. We do not knowingly collect any information, including Personal Information, from children under 16 years of age. If you believe that we have inadvertently collected Personal Information from a child under the age of 16, please contact us at the address below and we will use reasonable efforts to delete the child’s information from our databases. External Links When interacting with us you may encounter links to external sites or other online services, including those embedded in third party advertisements or sponsor information, that we do not control. We are not responsible for their privacy practices and data collection policies for such third party services. You should consult the privacy statements of those third party services for details.