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Cathy Labs Terms and Conditions of Use and Privacy Policy – October 15, 2019

Terms and Conditions of Use and Privacy Policy

Last Updated: October 15, 2019.

Welcome to https://www.compa.as/ (the “Site”), owned and operated by Cathy Labs Inc. (“Cathy Labs,” “we,” or “us”).  By using this Site, you agree to these terms and conditions of use (the “Terms”); if you do not agree, you may not use the Site.  Cathy Labs may modify the Site and/or these Terms from time to time without notice to you, except that if Cathy Labs makes material changes to these Terms, we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means.  By using the Site following any modifications to the Terms, you agree to be bound by the modified Terms.  The Terms do not govern use of any of Cathy Labs’s services, which are subject to a separate services agreement to be signed between any user of the services and Cathy Labs.

1.              Use of the Site.  You must be at least 13 years old to use our Site. We do not knowingly collect or solicit personally identifiable information from individuals under 13. If you are under 13, please do not attempt to use the Site or send any personal information about yourself to us. If we learn we have collected personal information from an individual under 13, we will delete that information as quickly as possible. You will comply with all applicable laws, rules and regulations in connection with your use of the Site.  You will not violate or attempt to violate the security of the Site or Cathy Labs’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network.  You may not “crawl,” “scrape,” or “spider” any portion of the Site (through use of manual or automated means).

2.              Information Not Confidential.  If you choose to contact any Cathy Labs personnel using the contact information you find on the Site, you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary.  Cathy Labs undertakes no obligation to review information submitted by you, or to return such information to you. 

3.              Cathy Labs Proprietary Rights.  The Site, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of Cathy Labs or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws.  You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without prior written consent from Cathy Labs.  Cathy Labs grants you a limited, personal, non-exclusive, non-transferable license to access the Site, and to use the Content, solely for personal, internal and non-commercial purposes.  Cathy Labs (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein. 

Without limiting the foregoing, as between you and Cathy Labs, Cathy Labs is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”).  Nothing on the Site should be construed to grant any license or right to use any Cathy Labs Mark. You may not use or exploit any Marks without prior written consent from Cathy Labs.

4.              Privacy Policy.  The Site may contain features that permit you to provide us with the following information:

  • First and last name
  • Email address
  • Company name
  • Company role / title
  • Company address
  • Phone number

Cathy Labs will also collect information during your visit to the Site through automatic data collection tools, including:

  • IP address
  • Device identifiers and information
  • Web browser information
  • Page view statistics
  • Browsing history
  • Usage information
  • Log data (e.g. access times, hardware and software information)
  • Cookies and certain other tracking technologies (e.g., web beacons, pixel tags, SDKs, etc.) – for additional information about cookies, see below

Cathy Labs may freely use this information for its business purposes, and may disclose such information, in a form that does not personally identify you, to any other person or entity.  We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize Cathy Labs website content and advertising to deliver a better experience to our users.  Cathy Labs may occasionally send you marketing information like updates on promotions and events relating to products and services offered by us where we have assessed that it is beneficial to you as a customer and in Cathy Labs’s interests; if you do not want to receive further emails from us, please click the “unsubscribe” link in any such message. Cathy Labs may also share any information (personally identifiable or otherwise) it may have collected if Cathy Labs believes it is necessary to (a) comply with law or court order or (b) protect and/or defend Cathy Labs’s rights, safety, or property, or those of any other person or entity.  If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information collected as described in this Privacy Policy could be one of the assets transferred to or acquired by a third party.  The Site is not directed to children and if you are under 13, you may not provide Cathy Labs with any personally identifiable information about you whatsoever. If Cathy Labs discovers it has collected any personally identifiable information regarding a child under 13, without verifiable parental consent in accordance with the Children’s Online Privacy Protection Act, Cathy Labs will immediately delete such information.

5.              Additional Information about Cookies

“Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people.  You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

Our service providers may also transmit cookies to your browser or device in certain situations, such as when you click on a link to a third party website or service.  This Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.  Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

6.              Links from and to the Site.  The Site may contain links to third party websites (“Third Party Sites”).  Third Party Sites are not reviewed, controlled or examined by Cathy Labs in any way and Cathy Labs is not responsible for any content contained therein.  These links do not imply Cathy Labs’ endorsement of or association with any Third Party Site.  Cathy Labs is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites.

7.              Disclaimer of Warranties.  THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND CATHY LABS (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED.  NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8.              Limitation of Liability.  TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CATHY LABS, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “CATHY LABS PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY CATHY LABS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT WILL THE TOTAL LIABILITY OF ANY CATHY LABS PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00. 

9.              General Information.  These Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof.  In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco County, California. The failure of Cathy Labs to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You may not assign these Terms or transfer any of your rights or obligations hereunder without Cathy Labs’ express written consent.  These Terms inure to the benefit of Cathy Labs’ successors, assigns and licensees.  These Terms are the entire agreement between you and Cathy Labs with respect to the subject matter herein. 

9.              What if I live in the European Union?

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below. 

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.  Cathy Labs will be the controller of your Personal Data processed in connection with the Site.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@compa.as. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

What Rights Do You Have Regarding Your Personal Data?

You have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please email privacy@compa.as. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request. 

  • Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
  • Erasure: You can request that we erase some or all of your Personal Data from our systems.
  • Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Site.
  • Portability: You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible.
  • Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
  • Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
  • Right to File Complaint: You have the right to lodge a complaint about Cathy Labs’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.  A list of Supervisory Authorities is available here:  https://edpb.europa.eu/about-edpb/board/members_en.

Transfers of Personal Data

The Site is hosted and operated in the United States (“U.S.”) through Cathy Labs and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Site, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Cathy Labs in the U.S. and will be hosted on U.S. servers, and you authorize Cathy Labs to transfer, store and process your information to and in the U.S., and possibly other countries.  You hereby consent to the transfer of your data to the U.S. pursuant to EU-U.S. or Swiss-U.S. Privacy Shield Frameworks, respectively, the details of which are further set forth below.

Cathy Labs has certified to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU and Switzerland to the U.S., respectively. For more information about the Privacy Shield Program, and to view Cathy Labs’ certification, please visit www.privacyshield.gov.  Cathy Labs is committed to the Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU and Switzerland in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage).  Cathy Labs’ compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. 

Please contact us at privacy@compa.as with any questions or concerns relating to our Privacy Shield Certification.  If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States.  You can visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint, at no cost to you.  Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@compa.as and we will try to resolve your concerns.