By accessing, installing, browsing, using or subscribing to, or registering for the Savage Kitchen (including any content created, uploaded, downloaded, copied, published, and propagated during the use of the Savage Kitchen), you acknowledge that you have read, understood, and agree to be bound by these Terms. If at any time you do not agree to these Terms, please terminate your use of the Savage Kitchen.
Although Savage Kitchen is always striving to improve itself, it is not perfect. Therefore, You agree and understand that during Your use of Savage Kitchen, no content feedback can be used as any basis for any civil or commercial activities (ESPECIALLY CANNOT BE USED AS ANY BASIS FOR EATING ANY PLANTS OR PURCHASING ANY GOODS) performed by You and/or others, otherwise all risks that may arise from such activities and all responsibilities shall be borne by you, not by Savage Kitchen.
Your access to and use of Savage Kitchen is subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Service in any manner or for any purposes that are unlawful or prohibited by this Agreement.
Specific Features and Services.
Savage Kitchen may revise this Terms from time to time. Although Savage Kitchen may include a notice on the home page of Savage Kitchen that the Terms has been modified, such notice may not remain in place for any extended period of time. Accordingly, you should review the Terms as posted on Savage Kitchen from time to time. Using Savage Kitchen after any revised Terms has been posted will constitute your acceptance of the revised Terms.
Subject to the terms and conditions of these Terms, Savage Kitchen hereby grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to use the Savage Kitchen (and all updates or upgrades provided) solely for private, non-commercial purposes in accordance with these Terms.
Ownership; Proprietary Rights.
The Savage Kitchen is owned and operated by Savage Kitchen. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Savage Kitchen that are provided by Savage Kitchen (“Savage Kitchen Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. For clarity, Savage Kitchen Materials do not include any User Content (defined below) or content from third party sites, whether Savage Kitchen provides a link to them or not. All Savage Kitchen Materials contained on Savage Kitchen are the copyrighted property of Savage Kitchen or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Savage Kitchen or its affiliates and/or third party licensors. Except as expressly authorized by Savage Kitchen, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, decompile, disassemble, reverse engineer, create derivative works from, or otherwise make unauthorized use of Savage Kitchen Materials.
As a condition of your use of the Savage Kitchen, you will not use Savage Kitchen for any purpose that is unlawful or prohibited by these Terms. Access to Savage Kitchen Materials and the Savage Kitchen from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules about intellectual property rights, the internet, technology, data, email, and/or privacy.
Any use by User of any of Savage Kitchen Materials other than for private use is prohibited
You will not use the Savage Kitchen in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Savage Kitchen. You will not take any action that imposes an unreasonable or disproportionately large load on Savage Kitchen’s infrastructure. You will not intentionally interfere with or damage the operation of the Savage Kitchen or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Savage Kitchen, features that prevent or restrict the use or copying of any content accessible through the Savage Kitchen, or features that enforce limitations on the use of the Savage Kitchen. You will not attempt to gain unauthorized access to the Savage Kitchen, or any part of it, other accounts, computer systems or networks connected to the Savage Kitchen, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Savage Kitchen or any activities conducted on the Savage Kitchen. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Savage Kitchen. You agree neither to modify the Savage Kitchen in any manner or form, nor to use modified versions of the Savage Kitchen, including (without limitation) for the purpose of obtaining unauthorized access to the Savage Kitchen.
Savage Kitchen may contain robot exclusion headers.
You agree that you will not use any robot, spider, scraper, or other automated means to access the Savage Kitchen for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Savage Kitchen. You will not utilize framing techniques to enclose any trademark, logo, or other Savage Kitchen Materials without our express written consent. You will not use any meta tags or any other “hidden text” utilizing Savage Kitchen’s name or trademarks without our express written consent.
You will not deep-link to the Savage Kitchen and will promptly remove any links that Savage Kitchen finds objectionable in its sole discretion. You will not use any Savage Kitchen logos, graphics, or trademarks as part of the link without our express written consent.
You will not send junk mail to other users of the Savage Kitchen, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
Prohibited Content. You shall not use the Savage Kitchen to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
License to Your Content.
You hereby grant Savage Kitchen a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any Content that you upload or publish to the Savage Kitchen (collectively, “Your Content”), in any format or medium now known or later developed for any purpose. Savage Kitchen can use Your Content in the App and in Savage Kitchen’s other products or services, and can transfer the license or authorization of using such information and content to its related companies and cooperation partners with no need to obtain your consent again. Savage Kitchen reserves the right to display advertisements and sponsorships in connection with Your Content.
Savage Kitchen has the right to remove, at its sole discretion and without notice to you, Your Content if it infringes others’ rights and interests. Savage Kitchen has the right to suspend or terminate access to the Savage Kitchen to any user who uses the Savage Kitchen in violation of copyright law or other intellectual property law. All liabilities for damage for any claim for rights raised by the said third party shall be assumed by you, not by Savage Kitchen, and you shall compensate for all losses and damages Savage Kitchen incurs arising therefrom, including but not limited to economic losses and business losses.
Representation and Warranty.
You represent, warrant and covenant that at all times: (i) the Your Content does not infringe any third party’s intellectual property, right of reputation, right of name, right of privacy, moral rights and other lawful rights and interests; (ii) you own or have the necessary licenses, rights, consents and permissions for your use of the Your Content in connection with the Savage Kitchen and Savage Kitchen’s use of the Your Content pursuant to Section 8(b).
Savage Kitchen uses many techniques to identify you when you register for and/or access, browse, use or subscribe to the Savage Kitchen. This verification is only an indication of increased likelihood that your identity is correct. You authorize Savage Kitchen, directly or through third parties, to make any inquiries Savage Kitchen considers necessary to validate your registration.
User Account Information.
You agree that the information you provide to Savage Kitchen upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID, password), you will immediately notify Savage Kitchen. You will be liable for the losses incurred by Savage Kitchen or others due to any unauthorized use of your account.
Under these Terms, you consent to receive communications from Savage Kitchen electronically. We will communicate with you by email or by posting notices on the Savage Kitchen. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except as explicitly stated otherwise, legal notices shall be served on Savage Kitchen’s national registered agent or to the email address you provide to Savage Kitchen during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
You may, but are not required to, provide suggestions, comments, ideas, or know-how, in any form, to Savage Kitchen related to the Savage Kitchen (“Feedback”). Any Feedback shall not be considered your confidential information and may be used by Savage Kitchen for any purpose. There shall be no obligation to provide compensation for use of Feedback.
Third Party Sites.
The Savage Kitchen may include links to other websites or services solely as a convenience to users (“Linked Sites”). Savage Kitchen does not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, Savage Kitchen makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Savage Kitchen are solely between you and such advertiser. You agree that Savage Kitchen will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Savage Kitchen.
Savage Kitchen may make changes to or discontinue any of the content or services available on the Savage Kitchen at any time, and without notice. The content or services on the Savage Kitchen may be out of date, and Savage Kitchen makes no commitment to update these materials.
You acknowledge and agree that: (a) Content is provided to you AS IS and that Savage Kitchen is not responsible for examining or evaluating Content created, uploaded, publish or propagate or otherwise made available by end users through the Savage Kitchen (“User Content”); (b) Savage Kitchen does not guarantee accuracy of any such User Content or that such User Content will continue to be available; (c) by using the Savage Kitchen, you may encounter User Content that you deem offensive, indecent, or objectionable and that such User Content may not be labeled as such; and (d) Savage Kitchen has no liability to you for any such User Content.
You agree that Savage Kitchen, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Savage Kitchen. In addition, Savage Kitchen reserves the right to discontinue any aspect of the Savage Kitchen at any time, including the right to discontinue the display of any licensed content, linked or embedded content, Your Content or Third Party Content, either generally or in specific cases. For the avoidance of doubt, Savage Kitchen shall in no event be responsible for the deletion, losing of, or failure to store Your Content. You agree that any termination of your access to the Savage Kitchen or any account you may have or portion thereof may be affected without prior notice, and you agree that Savage Kitchen will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Savage Kitchen may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Savage Kitchen may have at law or in equity.
DISCLAIMERS; NO WARRANTIES.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION AND IN ADDITION TO ALL OTHER PROVISIONS OF THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAVAGE KITCHEN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO SAVAGE KITCHEN. SAVAGE KITCHEN MAKES NO WARRANTY THAT SAVAGE KITCHEN WILL MEET YOUR REQUIREMENTS, OR THAT SAVAGE KITCHEN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. SAVAGE KITCHEN DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SAVAGE KITCHEN. YOU ACKNOWLEDGE THAT SAVAGE KITCHEN MAY BE SUBJECT TO OPERATING ERRORS OR DEFECTS INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS. NO SUCH EVENT SHALL CONSTITUTE A BREACH OF THIS OR ANY OTHER CONTRACT ON THE PART OF SAVAGE KITCHEN, EVEN IF CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF SAVAGE KITCHEN OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Savage Kitchen, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Savage Kitchen, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Savage Kitchen reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SAVAGE KITCHEN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE SAVAGE KITCHEN MATERIALS ON SAVAGE KITCHEN, SAVAGE KITCHEN ITSELF, OR ANY OTHER INTERACTIONS WITH SAVAGE KITCHEN, EVEN IF SAVAGE KITCHEN OR A SAVAGE KITCHEN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SAVAGE KITCHEN’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL SAVAGE KITCHEN’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF SAVAGE KITCHEN (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN SAVAGE KITCHEN AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SAVAGE KITCHEN OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SAVAGE KITCHEN.
By using the Savage Kitchen, you agree that the statutes and laws of the United States without regard to conflicts of laws principles, will apply to all matters relating to use of the Savage Kitchen. If we are unable to commence arbitration, you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Hawaii and shall be subject to the laws of Hawaii without giving effect to any principles of conflicts of law.
Disputes and Arbitration.
Disputes. For all disputes arising out of or relating in any way to the Savage Kitchen, you must first send a written description of your claim to Savage Kitchen to allow us an opportunity to resolve the dispute. You and Savage Kitchen each agree to negotiate your claim in good faith. If we still cannot resolve the dispute you may request arbitration if your claim or dispute cannot be resolved within 60 days. Please read this section carefully. It affects your legal rights. It provides for resolution of disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of the Terms.
Any dispute, controversy or claim arising in any way out of or in connection with the Terms (including, without limitation: (1) any contractual, pre-contractual or non-contractual rights, obligations or liabilities; and (2) any issue as to the existence, validity or termination of the Terms) shall be referred to and finally resolved by binding arbitration administered by a single arbitrator mutually agreed upon by the parties through the International Centre for Dispute Resolution (“ICDR”) in accordance with its International Arbitration Rules in force as at the date of this Agreement (the “Rules”), which Rules are deemed to be incorporated by reference into this Section 19 and as may be amended by the rest of this Section 19.
The seat of the arbitration shall be County of Maui, Hawaii, U.S.A. The language of the arbitration shall be English. This arbitration clause shall be governed by the laws of the United States, including the Federal Arbitration Act, and to the extent not inconsistent therewith, the laws of the State of Hawaii (United States).
Any award of the Tribunal shall be made in writing and shall be final and binding on the parties from the day it is made. The parties undertake to carry out the award without delay. The arbitrator shall be empowered to award only those damages which are permitted by the Terms, subject to any disclaimers of damages and liability limits set forth in thee Terms, but the arbitrator shall not have the authority to reform, modify or materially change the Terms. The award rendered by the arbitrator shall include costs of the arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses. Judgment on the award may be entered in any court having jurisdiction. The parties hereby irrevocably waive their right to any form of appeal, review or recourse to any court or other judicial authority insofar as such waiver may be validly made. The parties waive any right to apply to any court and/or other judicial authority to determine any preliminary point of law and/or review any question of law and/or the merits, insofar as such waiver may validly be made. The parties shall not be deemed, however, to have waived any other right to challenge any award.
The parties agree that the arbitrator shall have the authority to issue interim orders for provisional relief, including, but not limited to, orders for injunctive relief, attachment or other provisional remedy, as necessary to protect either party’s name, proprietary information, trade secrets, know-how or any other proprietary right. The parties agree that any interim order of the arbitrator for any injunctive or other preliminary relief shall be enforceable in any court of competent jurisdiction. In addition, nothing in the Terms shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction, in order to protect that party’s name or proprietary rights. Nothing in this Section shall be construed as preventing any party from seeking conservatory or interim relief from any court of competent jurisdiction, including without limitation to protect either party’s name, proprietary information, trade secrets, know-how or any other proprietary rights.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Savage Kitchen without restriction.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
These Terms are the entire agreement between you and Savage Kitchen relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Savage Kitchen.
YOU AND SAVAGE KITCHEN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SAVAGE KITCHEN MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You may contact us at the address below with any questions, complaints or claims regarding the Savage Kitchen:
Sunny Savage LLC
PO Box 1283 Haiku, HI 96708 USA
If you believe that anything on the Savage Kitchen infringes a copyright that you own or control, you may file a notice with our designated agent:
McKeon Sheldon Mehling, LLC 2145 Kaohu St # 203 Wailuku, HI 96793 USA
If you file a notice with our designated agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: (i) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identify the copyrighted work claimed to have been infringed; (iii) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material; (iv) provide your contact information, including your address, telephone number, and an email address; (v) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The controller of your personal information is Savage Kitchen. The Company may provide products and services through its affiliated companies. The affiliate acts as a Data Controller with respect to personal information processed, used, and stored as a part of services and activities conducted by the Savage Kitchen affiliate. Certain services and activities may be conducted by several Savage Kitchen affiliates.
I. What Information We Collect and How It Is Used
We may collect and hold personal information related to you that is necessary for the purpose of conducting our business, including (without limitation) to deliver products, services or information, improve our services to offer better experience, and to fulfill our regulatory obligations. We will tell you when we ask for your information whether it is a statutory or contractual requirement to give us the information and the consequences of not providing the information.
To undertake above goals, we may collect the following personal information related to our users:
User profile: If you are a visitor to the Application, creating a user profile is optional. If you register for a user account with the Application, we may collect certain information such as your e-mail address, username and password.
User content: We will collect any user content you create, share, or post to the Application, which may include information contained in your user account, as well as photos or other image files and associated metadata. Please note that other users of the Application may be able to download and extract any images shared publicly on the Application. You should avoid uploading images with embedded location data included. If you ask us to, We will enable you to show your photos electronically.
Savage Kitchen does not use your photos in our advertisements. Photos you upload to Savage Kitchen may be incorporated into product recommendations that appear on your Savage Kitchen homepage or in communications we send to you, but these photos aren’t used in public advertising, and only you will receive customized product recommendations made using your photos. You may opt out of receiving such communications from us and change your contact preferences within your account at any time.
We may analyze your photo content and metadata to help you tag and organize your photos and to make personalized product suggestions to you based on those photos, such as showing you how your pictures may look in a collage or other Savage Kitchen product. As you add new photos, we automatically associate similar faces, places and other image characteristics within your photo collection. We only use this feature to help you organize, tag and create personalized products from your own photos. We never attempt to determine whether any similar faces appear in photos uploaded by different Savage Kitchen users or otherwise identify the people in your photos. We do not sell or share this information with third parties. And we won’t suggest any tags for your own photos except the ones that you choose to create for your own face groups. You may disable this feature through your account settings at any time. If you do so, we will delete any facial grouping data associated with your photos and will not collect such information going forward.
Do not include social security numbers or any other sensitive or confidential information in your submissions to the Application.
We may also collect information that you submit when you contact the customer support, or otherwise submit information to the Company, including email address, and other information submitted during your use of the Application.
Location Information: Depending on your device settings or permissions, we may collect your location information using geo-location technology. If you consent to our use of location data, we may use your location data for the purpose of improving plant identification services and finding nearby plants.
Device and Internet Usage: If you download the Application, we may collect information from your device, including identifiers to help us identify your device’s hardware and operating system. Device information may be accessed using industry standard identifiers such as those approved by your device operating system manufacturer.
II. How Information Is Used
Purpose and Legal Basis
To provide support and to respond to your requests and inquiries · We have a legitimate interest to respond to your requests and inquiries for ongoing business administration and to personalize your visits to the Application and to assist you while you use the Application · We have a legitimate interest in providing and improving the Application
To deliver the Application’s services · To improve the Application by helping us understand who uses the Application and how it is being used · To share data with our service providers, such as those that host data for us, including Amazon Web Services · We have a legitimate interest in using vendors to provide business services · To share data with our affiliates · We have a legitimate interest in improving our services · To market our products and services as well as enable third parties to provide advertisements to you via the Application · We have a legitimate interest in promoting our products and services and generating advertising revenue, and give you choices about whether or not to use our advertising supported free application option · To respond to law enforcement organization, or other government officials where we have a legal obligation, including complying with legal demands and complying with production and court orders · We will notify user of the information request or submission as, and if, allowed. We have a legitimate interest in complying with applicable legal or regulatory obligations · The day to day running and management of the business including to monitor, maintain and improve the processes, information and data, technology and communications solutions and services we use; protect our legal rights and interests; and share such personal information with third parties that acquire or are interested in acquiring all or part of our assets or shares, or that succeeds us in carrying on our business · We have a legitimate interest to manage our business including to maintain ongoing operations and to improve and strengthen our operations · Providing customer service · Processing and fulfilling your orders · Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity · None Inferences about customer preferences and characteristics Inferred from information provided by customer and information collected indirectly from customer’s browser or device · Enhancing your user experience· Processing payments on your orders · Analytics to improve our products and service
Your Right to Object – Please note that you have a right to object to processing of your personal information where that processing is carried out for our legitimate interest.
IV. Data Retention
We retain your personal information for as long as it is necessary and relevant for our business. The criteria used to determine the retention periods include: (i) how long the personal information is needed to provide the services and operate the business; (ii) the type of personal information collected; and (iii) whether we are subject to a legal, contractual or similar obligation to retain the personal information (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).
V. Data Rights
You have the right (subject to certain limitations) to: (i) request access to personal information we hold about you; (ii) the correction of your personal information when incorrect, out of date or incomplete; (iii) request that we delete your personal information; (iv) opt-out of any marketing communications that we may send to you and to object to us using / holding your personal information if we have no legitimate reason to do so; and (iii) the portability of personal information i.e., ask for a copy of your personal information to be provided to you, or a third party, in a digital format. Where we are relying on your consent to handle your personal information, you have the right to withdraw your consent to this use at any time. We do not sell personal information to third parties for their own business/commercial uses.
All such requests should be made using the contact details set out below. Please note that if you request that your personal information be deleted, you may no longer be able to access or use certain parts of the Application. We will respond to your request in writing, or orally if requested, as soon as practicable and in any event not more than within one month after receipt of your request. In exceptional cases, we may extend this period by two months and we will tell you why. We may request proof of identification to verify your request. For more details in relation to your rights, including how to exercise them, please contact us using the contact details below.
You also have the right to lodge a complaint about the handling of your personal information with an EU data protection authority or other relevant regulator.
California residents may request certain information about our disclosure of personal data during the prior calendar year to third parties for their direct marketing purposes. California residents have the following rights:
The right to request information about personal information that we have collected about that customer in the 12 months preceding the customer’s request (including the categories of information collected, the source of that information, the business purpose of that collection, the categories of third parties with whom that information is shared, and the specific pieces of personal information collected about that particular customer); The right to receive requested information in a readily-usable format if provided electronically; The right to request that we delete any personal information about the consumer that we have collected (although we may be entitled to retain some information for certain purposes); The right to opt-out of “sales” of personal information to third parties, if applicable; and The right to freely exercise your rights without being denied goods or services.
We cannot respond to your request to access or delete information unless we are able to both verify your identity or authority to make the request and confirm the personal information relates to you and/or your household. If you have an account on any of our Sites and Apps, we will verify your identity by having you log in to your account. If you do not have an account on our Sites and Apps, we will attempt to verify your request by asking you to provide identifying information that we will match to information in our files. We will only use information you provide in your request for the purpose of verifying your identity or authority to make the request. You can also designate an authorized agent to make a request on your behalf. Your agent will need to provide a Power of Attorney authorizing the agent to act on your behalf, or will need to complete the same verification procedures that would be required for a request submitted by you directly, and provide information that allows us to verify your authorization.
We may deny deletion requests in whole or in part as permitted or required by applicable law. We do not charge a different price or rate or provide a different level or quality of goods or services based on your exercising your CCPA rights. We do not sell personal information. We do not share your personal data with third parties or corporate affiliates for their direct marketing purposes.
We maintain security standards and procedures designed to prevent unauthorized access to your data by anyone, including our staff. We use commercially reasonable means such as (but not limited to) data encryption, firewalls and server authentication to protect the security of your personal information. The Company and our staff and any third parties hired to provide support services will be required to observe our privacy standards and to allow us to audit them for compliance. However, no information security defenses are impenetrable, and we cannot guarantee the security of our applications, servers or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
VII. International Audience
The Application is hosted in the United States. Therefore, personal information collected from you, including via the Application, will be transferred to the United States. Such transfer may not provide a similar level of protection to that provided by countries in foreign jurisdictions. As discussed above, we have a legitimate interest in utilizing service providers in the United States to provide you with the services.
Please do not use the Application if you do not agree to the transfer and processing of your personal information in the United States or if it is illegal to do so in your home country.
IX. Your Queries
If you have any queries regarding privacy issues or if you wish to exercise your data rights as described above, email us or visit any of our branches for more information. To ensure that we carry out your instructions accurately, to help us continually improve our service and in the interests of security, we may monitor and/or record your telephone calls with us.
Our contact information:
Sunny Savage LLC
Address: PO Box 1283 Haiku, HI 96708
Phone number: 808-866-8294
Contact email: firstname.lastname@example.org