Secunda, Inc. doing business as “Klatch” (“Klatch,” “we,” “us,” “our”) provides its services (described below) to you through its website located at GetKlatch.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right to change or modify portions of these Terms of Service at any time in our sole discretion. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We may also notify you, either through notice postings on the home page of the Site, notices in the Services user interface, in an email notification or through other reasonable means. Unless otherwise stated, any such changes will become effective within fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Klatch on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy, Community Standards, and Facilitator Guide. All such terms are hereby incorporated by reference into these Terms of Service.
The Services consist of an online marketplace and software as a service platform through which Facilitators may offer Workshops for free or for sale to individual Members. While Klatch strives to maintain high standards of service, by utilizing the Services, you acknowledge and agree that: (1) Klatch is not a party to any agreements entered into between Facilitators and Members, (2) Klatch only provides a platform and certain tools to facilitate the purchase, sale and provision of Workshops, (3) Members contract for Workshops directly with Facilitators (4) Klatch is not a broker, agent (except as expressly set forth below) or insurer, and (5) Klatch is not responsible for and disclaims all liability arising from or related to the content of Workshops held on the Site, the conduct of Facilitators, Members, or any other Users of the Site or Workshops. Different sections of the Site and Terms of Service affect Facilitators and Members differently, so please be sure to read these Terms of Service carefully.
“User” “you” or “your” means a person, organization or entity visiting the Site or using the Services, including Members and Facilitators, depending on the context.
“Member(s)” means a person of 18 years of age or greater Member who completes Klatch’s account registration process to purchase and enroll in Workshops on the Site for the purpose of learning and engaging in social discussion.
“Facilitator(s)” means a person who completes Klatch’s account registration process to provide or sell Workshops on the Site, or an organization that executes an agreement with Klatch to sell Workshops on the Site.
“Workshop(s)” means any online lesson(s), course(s), or discussion(s) submitted by a Facilitator on the Site, whether for sale or offered free of charge. Workshop(s) may include synchronous (live) and asynchronous (non-live) services to a group of Members and may include features such as individual or community chats, forum, social media messaging or feeds, curriculum, articles, video, images, certificates, and/or other content or services.
Services Description: Klatch’s Service is an online marketplace for adults (age 18+ in most states) to participate in Workshops Member and for Facilitators to market, sell and conduct their Workshops. Klatch’s Service is not intended for persons under the age of 18 or other applicable legal age of consent in your jurisdiction. As the provider of an online marketplace, Klatch does not own, create, sell, resell, control, or manage any Workshops. Klatch’s responsibilities are limited to: (i) providing the Site as an online marketplace and platform to facilitate the sale, purchase, and conduct of Workshops, and (ii) serving as the limited agent of each Facilitator for the purpose of accepting payments from a Member on behalf of the Facilitator. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Klatch strives to provide a safe and inclusive online environment for its Users, you agree that all of these risks are ultimately borne by you, and not Klatch. Klatch does not control the behavior of Users or the quality of the Workshops. As a result, Klatch cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Workshops.
Your Registration Obligations: You will be required to register with Klatch in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be of legal age (18 in most states) to register for and participate in the Service. If you are not of legal age in your jurisdiction, then you may not register for or use the Service.
Protecting Your Account: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. We strongly encourage you to maintain the secrecy of your account login and password and to not share that information with anyone. You agree to (a) immediately notify Klatch of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Klatch will not be liable for any loss or damage arising from your failure to comply with this Section.
Service Modifications: Klatch reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Klatch will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Company Practices Regarding Use and Storage: You acknowledge that Klatch may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Klatch’s servers on your behalf. You agree that Klatch has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Klatch reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Klatch reserves the right to modify, supplement or otherwise change these general practices and limits at any time, in its sole discretion, with or without notice.
Workshop Recordings: Workshops that take place through Klatch’s video chat platform, via Zoom, may be recorded by Klatch (“Workshop Recordings”) at the discretion of the Facilitator or Klatch. Workshops may not be recorded by Members unless given the express permission of a Facilitator and bound by the following terms. We value Member and Facilitator privacy, and our use of Workshop Recordings is extremely limited. Specifically, Workshop Recordings are made available only to the Facilitator(s) providing the Workshop in question, in order to allow them to (1) provide a viewable copy to Members who missed the Workshop, or who wish to review the Workshop, for their personal educational purposes; and (2) review the Workshop Recording personally in order to improve their Workshops. Please note that in some cases, Workshops are taught by a Facilitator that is actually an organization, group, or team of facilitators. In such cases, Workshop Recordings may be accessed by the organization, and access would not necessarily be limited to a single individual facilitator. In addition, Klatch may retain and use Workshop Recordings to provide feedback to Facilitators, to improve our Services, for customer support, and for compliance purposes. Klatch makes no representations that it will retain Workshop Recordings or other Workshop content for a specific length of time. Klatch will typically retain Workshop Recordings for no more than six months after the date of the applicable Workshop, subject to our Privacy Policy, after which they may be deleted. Klatch may also delete Workshop Recordings earlier when, for example, (a) it is no longer of use to Klatch, the Facilitator(s), or Members; (b) upon the reasonable determination of Klatch that a Workshop Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. Other Workshop content, such as community chats, forum, messaging or feeds, articles, video, images, and other content may not be preserved for longer than one week from the date of the Workshop. However, such content may be retained by Klatch for a limited period for training, educational, service improvement and/or promotional purposes, subject to our Privacy Policy. While it is not our typical practice to do so, occasions may arise where Klatch may use, and you hereby consent and permit Klatch to use, Workshop Recordings containing images of you for training and educational purposes and/or to improve the Services. By using the Services, you consent to you appearing in Workshop Recordings for the limited purposes set forth above.
Marketplace Requirements: As a Facilitator, you must provide Klatch with any information requested in order for Klatch to list your Workshops through its Services, including but not limited to, a description of the Workshops and the price for the Workshops. Klatch has sole discretion as to which Workshops we list on the marketplace and we reserve the right to reject any Workshops or remove Workshops from the marketplace for any reason. Additionally, Klatch has discretion to edit Workshop descriptions as needed to conform them to our marketplace standards, to edit Workshop prices, or for other quality purposes. Klatch has sole discretion as to which Facilitators are accepted into the marketplace and we reserve the right to reject any potential Facilitator and remove or suspend any Facilitator from the marketplace for any reason permitted by law. Klatch may, but is not required to, conduct background checks on and interviews with Facilitators in its discretion and solely for its own benefit. As a Facilitator, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.
Community Standards: When you join the Klatch community, you agree to follow our policies, including our community standards. Those expectations include thoughtful and professional communications with our community (including Members, and guests) displaying appropriate behavior for our Members, and acting professionally. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any Klatch-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, incite violence, or cause harm to others, or to create conflict; or any other posts or content that Klatch, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on Klatch’s behalf without prior written authorization from Klatch; posts that Klatch, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about Members, Facilitators, Klatch staff, or others even if the target is not identified by name; sharing any private material, communication, or information regarding Members or others, including but not limited to names, photos, conversations, emails, Member academic or performance information, screenshots of Member work, or any other personal identifying information; posts that may be harmful to Klatch’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of any person; sharing any Workshop-related content (including comments, images, workshop materials loaded by the Facilitator or others) outside of the Workshop unless provided explicit permission by the Facilitator, and any other violation of Klatch’s community standards.
Member Safety: Klatch may at its discretion or as required by law report violations of the law that occur in connection with the use of its platform. Each User is wholly responsible for their own actions; Klatch bears no responsibility for the legal infraction or violation of any action that occurs on the platform or affiliated with the platform.
Facilitator Obligations: Each Facilitator is solely responsible for obtaining all licenses and other permissions required to offer or provide any Workshops, and Klatch assumes no responsibility for a Facilitator’s failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
You understand and agree that Klatch is not an insurer, agent or employer for you as a Facilitator. If a Member purchases any of your Workshops, any agreement you enter into with such Member is between you and the Member, and Klatch is not a party thereto. Notwithstanding the foregoing, Klatch is authorized to serve as your limited agent purely for the purpose of accepting payments from Members on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a Facilitator, you are responsible for your own acts and omissions while using the Services. With the sole exception of Members enrolled in the applicable Workshop, Member, you further agree that you will not share any Workshop Recordings made available to you by Klatch to any third parties. Allowing other Facilitators within your organization to view the Workshop Recordings, however, is permissible.
To the extent that you are using the Services as a Facilitator, you agree to abide by the terms of our Facilitator Agreement and any guidelines provided for Facilitators by Klatch from time to time.
General: Each Member agrees to pay all applicable fees for Workshops (“Enrollment Fees”) as set forth on the Site. All Enrollment Fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. Member hereby authorizes Klatch to bill Member’s payment instrument upon confirmation of a purchase, and Member further agrees to pay any charges so incurred. Consistent with the Fair Credit Billing Act, if Member disputes any charges you must let Klatch know within sixty (60) days after the date that Klatch charges you.
Refunds: Any request for a refund of Enrollment Fees or other payment for services purchased by a Member or Facilitator must be made within seven (7) days of the order placed for the particular service from which a refund is sought Refund requests will be reviewed and considered in accordance with Klatch’s Refund Policy then in effect. No refunds will be made without Klatch’s prior approval which it may withhold in its sole discretion.
Facilitator Payment: Klatch will transfer the Enrollment Fees to Facilitator’s PayPal account for each sale of a Workshop (or set of Workshops, as applicable) to a Member within a reasonable period of time, minus Klatch’s service fees (“Klatch Fee”), according to the schedule and policies detailed in our Facilitator Agreement. In order to transfer funds to Facilitator’s PayPal account, Facilitator shall sign up for a PayPal account. Klatch has discretion to act on behalf of the Member, and to not transfer the Enrollment Fees to Facilitator, if a Member reports that the Workshops were not provided or adequately completed. This may include but is not limited to circumstances where a Facilitator did not arrive for a Workshop or a Workshop was of insufficient quality. Klatch will independently review such cases, seeking input from the Member and/or the Facilitator, and may decide at its sole discretion to issue a refund to the Member. All determinations of Klatch with respect to a refund shall be final and binding on the Member and Facilitator. In the event any refund is granted based on any acts or omissions by the Facilitator, the Facilitator shall indemnify Klatch for any portion of such refunds paid in excess of the service fees Klatch received for the Workshop at issue. Facilitator further authorizes Klatch to withhold sums due from subsequent workshop enrollments, if any, equal to the amount of such refunded sums and to charge the Facilitator such sums, which will be immediately due, as deemed necessary by Klatch.
Limited Payment Collections Agent: Each Facilitator appoints Klatch as the Facilitator’s limited payment collection agent solely for the purpose of accepting the Enrollment Fees from Member. Each User agrees that payment of Enrollment Fees by a Member to Klatch, as that Facilitator’s limited payment collection agent, shall be considered the same as a payment made directly by such Member to the relevant Facilitator and the Facilitator will provide the relevant Workshops to the Member, as outlined on the Site, as if the Facilitator had received payment directly. Klatch, as limited payment collection agent for the Facilitator, agrees to facilitate the payment of any Enrollment Fees (less the Klatch Fee) for Workshops pursuant to these Terms of Service and Facilitator Agreement unless otherwise agreed between Klatch and the Facilitator. In the event that Klatch does not remit such amounts, the Facilitator will have recourse only against Klatch.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Klatch. Klatch reserves the right to investigate and take appropriate legal action against anyone who, in Klatch’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, reverse engineer, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
As between Klatch on the one hand, and you (as a Member or Facilitator) on the other, You will own and be responsible for all of your personal User Content (as described below). You are responsible for the content that you or any users authorized by you post or display by or through your Account. Subject to these Terms, you (for yourself or itself and all of your or its authorized users) grants Klatch and its affiliates a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display User Content, and any Non-Klatch products created by or for you, only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law or as permitted by the our data policies described here or in our Privacy Policy, and (d) as expressly permitted under these Terms or otherwise agreed to in writing by you. You represent and warrant that you/it have secured all rights in and to User Content from any of your authorized users as may be necessary to grant this license.
Klatch owns and will continue to own its Services, including all related intellectual property rights. Klatch may make software components available, via app stores or other channels, as part of the Services. Klatch grants you a non-sublicensable, non-transferable, non-exclusive, limited license for you to use the object code version of these components, but solely as necessary to use the Services and in accordance with these Terms and any other contract Klatch enters into with you. All of Klatch’s rights not expressly granted by this license are hereby retained.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Klatch, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative or competing works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Workshop Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Klatch from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Klatch, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Klatch.
The Klatch name and logos are trademarks and service marks of Klatch (collectively the “Klatch Trademarks”). Other Klatch, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Klatch. You should not interpret anything in these Terms of Service or the Service to mean that Klatch is in any way explicitly or implicitly giving you any license or right to use any of Klatch Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Klatch Trademarks is only for Klatch’s exclusive benefit.
Third Party Material: Under no circumstances will Klatch be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Klatch may, but is not required to, pre-screen content, and Klatch and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Klatch and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Klatch, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein or are otherwise legally authorized or permitted to post or reproduce such content. You own and will retain any intellectual property rights that you hold in your User Content, and Klatch does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give Klatch a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set forth below:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Klatch are non-confidential and Klatch will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Klatch may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Klatch, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Klatch respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Klatch of your infringement claim in accordance with the procedure set forth below.
Klatch will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Klatch’s Copyright Agent at support@GetKlatch.com (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Klatch will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Klatch has adopted a policy of terminating, in appropriate circumstances and at Klatch’s sole discretion, users who are deemed to be repeat infringers. Klatch may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Klatch has no control over such sites and resources and Klatch is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Klatch will not be responsible or liable, directly or indirectly, for any damage or loss or breach caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Klatch is not liable for any loss or claim that you may have against any such third party.
You may enable or log in to the Service via various online third party services, such as social media and social networking services such as Facebook, Google, LinkedIn or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Klatch’s use, storage and disclosure of information related to you and your use of such services within Klatch (including, but not limited to, your friend lists), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Klatch shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Klatch is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Klatch is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Klatch enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Displaying the Services. When a User submits User Content, it may be displayed to other authorized Users in the same or connected workspaces. For example, a User’s email address may be displayed with their User profile. Please consult the Help Center for more information on Services functionality.
Collaborating with Others. The Services provide different ways for Users working in independent workspaces to collaborate, such as by connecting, chatting or email interoperability. User Content, such as an User’s profile Information, may be shared, subject to the policies and practices of outlined in these Terms.
You agree to release, indemnify and hold Klatch and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KLATCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
KLATCH MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. KLATCH FURTHER CANNOT GUARANTEE AND THEREFORE DISCLAIMS ANY AND ALL WARRANTIES RELATING TO AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE SECURITY OF DATA STORED ON ANY THIRD-PARTY DATA STORAGE FACILITY OR SERVERS.
YOU ACKNOWLEDGE AND AGREE THAT ANY CRIMINAL BACKGROUND CHECKS CONDUCTED BY KLATCH ON FACILITATORS ARE SOLELY FOR ITS OWN BENEFIT. KLATCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KLATCH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KLATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL KLATCH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KLATCH IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF CALIFORNIA. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF CALIFORNIA, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Klatch, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Klatch are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND KLATCH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND KLATCH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). Nothing in this Paragraph or in this Arbitration Agreement more generally is intended to waive non-waivable rights under the Private Attorneys General Act, Cal. Lab. Code § 2698 et seq.
Pre-Arbitration Dispute Resolution: Klatch is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@GetKlatch.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Klatch should be emailed to Klatch at legal@3109ff09f5.nxcli.net (“Notice Address”) with the subject line “Pre-Arbitration Dispute”. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Klatch and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Klatch may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Klatch or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Klatch is entitled.
Arbitration Procedures: Arbitration will be administered by Judicial Arbitration and Mediation Services (“JAMS”) and conducted by a single neutral arbitrator selected by the parties in accordance with JAMS’ Streamlined Arbitration Rules (available here: https://www.jamsadr.com/rules-streamlined-arbitration/), and, where applicable, in compliance with JAMS’ Consumer Minimum Standards (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS, please visit its website, https://www.jamsadr.com. Information about the JAMS standards for consumer disputes can be found here: https://www.jamsadr.com/consumer-minimum-standards/. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Klatch and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by JAMS. For any dispute involving U.S. resident Members and Klatch, any arbitration proceeding shall take place in the state and locality where the member resides unless otherwise agreed by the Member. Each party further agrees that the arbitration hearing may be conducted via telephonic or electronic video conferencing means if in person arbitration is unavailable or not agreed to by all parties. If your claim is for $10,000 or less, Klatch agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitration award shall consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Klatch will pay your portion of the Arbitration Fees to the extent they exceed $250 (which represents the approximate cost that you would otherwise pay if the matter were brought in a court of competent jurisdiction) in arbitration proceedings that you initiate. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Klatch will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Klatch will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. For the avoidance of doubt, this provision does not apply to the payment of attorney’s fees and expenses.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Service to the contrary, Klatch agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User of the Services, you may reject any such change by sending Klatch written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Klatch, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Klatch believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Klatch may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Klatch may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Klatch will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Klatch will have no liability or responsibility with respect thereto.
Klatch reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Klatch and govern your use of the Service, superseding any prior agreements between you and Klatch with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Klatch agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Klatch to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Klatch, but Klatch may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
At Klatch, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Klatch, Inc. PO Box 77107, San Francisco, CA 94107 or by telephone at (415) 968-1685.
Please contact us at support@GetKlatch.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Klatch is committed to protecting your privacy: it’s the foundation for a safe and trusted community. Our privacy policy outlines what information we collect from you, how we use that information, and what choices you have regarding how and whether we can use your information.
Welcome to the website (the “Site”) of Secunda, Inc. doing business as Klatch (“Klatch”). Klatch is a service that allows Members to enroll in online small-group Workshops, and for Facilitators to create, publicize, and provide those Workshops (the “Services”). This Privacy Policy sets forth Klatch’s policy with respect to the information collected from visitors and users of the Klatch Services. Capitalized terms not defined in this Privacy Policy have the meaning as set forth in the Terms of Service for the Services, which can be found at https://getklatch.com/terms-of-service/.
When you interact with us through the Services, we may collect information that, alone or in combination could be used to identify you (“Personal Data“) and other information from you, as further described below:
Personal Data That You Provide Through the Site: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries or register for a Klatch account to access the Services. We may collect the following information from you in order to provide our Services:
By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to our Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Klatch and the authorized third parties referred to herein.
Other Information:
Passively Collected Data: When you interact with us through the Site, we receive and store certain data automatically. Klatch may store such passively collected data itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our Sites, the number of visitors to each page of our website, and the domain names of our visitors’ Internet service providers. We may also store a profile on how you interact with the site, content on the site, and other users including but not limited to Workshop content, quizzes, interactive video or image, comments, likes, shares, and other social media interaction within our site and sharing to other sites, completion rates and viewership rates of each page and any measure of your interaction with the Site.
In operating our Sites, we and third parties that provide certain functionality to the Klatch Services may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Site. Our cookies help provide additional functionality to our Services and help us analyze Site usage more accurately. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of our Services’ features. For more information about our use of cookies, please see the section entitled “Cookie Policy,” below.
Aggregated Personal Data: We may aggregate data, including Personal Data, and use such aggregated data for any purpose. This aggregate information does not identify you personally.
We use your information to:
Klatch Facilitators receive recordings of their Workshops and may use the recordings to improve their curriculum and Workshops, and may provide the recording to Members and the participants in the Workshop to view. Please note that in some cases, Workshops are taught by a “Facilitator” that is actually an organization, group, or team of facilitators (“Facilitator Organization”). In such cases, Workshop Recordings may be accessed by the entire Facilitator Organization, and access would not necessarily be limited to a single individual facilitator. Klatch may also use Workshop Recordings to provide feedback to Facilitators, for customer support, and for compliance purposes.
Klatch will obtain additional Member consent before we use any Workshop Recordings for purposes not authorized in the Terms of Service. Klatch and its affiliates may use your Personal Data to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each promotional communication we send you will contain instructions permitting you to “opt-out” of receiving future promotional information. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us at support@GetKlatch.com. Please note that we will continue to contact you via email to respond to requests and provide our Services.
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
We may share your Personal Data with certain third parties without further notice to you, as set forth below:
Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be transferred to a successor or affiliate alone or as part of that transaction along with other assets.
Vendors and Service Providers: We engage third party vendors and service providers to perform certain functions on our behalf (such as payment processing or web development). These third parties may have access to your Personal Data for the purpose of helping us market, provide and/or improve the Services.
Legal Requirements: Klatch may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Klatch, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
You may be able to share Personal Data with third parties, including with the general public, through use of the Services.
User Profile: As a user of our Services, you may have a user profile that will be publicly available to all users of the Services (the “User Profile”). You are not required to include any Personal Data on your User Profile. But you will have the option to include a variety of types of Personal Data in your User Profile, which may include your first name, last name, biographical information, geographical location, and personal photograph.
We do not systematically monitor the content of information that is published on your user profile. Any information published in your User Profile becomes available to the public. After publishing, we have no control over how such information is used or its further dissemination. We urge you to think carefully about what, if any, Personal Data you include in your User Profile.
Public Forums: Our Services provide you the opportunity to share information on a variety of topics with other Klatch Users through Workshops (the “Public Forums”). Use of the Public Forums is entirely voluntary. But please be aware that any information you include in the Public Forums will become available to any Klatch Users in that Workshop.
We do not systematically monitor the content of information that is published in the Public Forums. Any information published in Public Forums becomes available to the public. After publishing, we have no control over how such information is used or its further dissemination. We urge you to think carefully about what, if any, Personal Data you include in your posts on our Public Forums.
Workshop Recordings: As described in our Terms of Service, Klatch may record video of Members and Facilitators during Klatch Workshops (“Workshop Recordings”). The Workshop Recordings may be recorded by Facilitators or may be made available by Klatch to the Facilitator of the Class and may be shared by the Facilitator for permitted colleagues and Members registered for the Workshop to view (the “Permitted Recipients”). Please note that in some cases, Workshops are led by a “Facilitator” that is actually an organization, group, or team of instructors (“Facilitator Organization”). In such cases, Workshop Recordings may be accessed by the entire Facilitator Organization, and access would not necessarily be limited to a single individual instructor. Klatch may also use Workshop Recordings to provide feedback to Facilitators, for Member support, Service Improvement and training, and for compliance purposes. While we expect Facilitators and Permitted Recipients to abide by our standards of conduct, please note that we cannot control or monitor what such third parties ultimately do with Workshop Recordings, and disclaim all responsibility in that regard.
This Privacy Policy applies only to the Klatch Services. The Services may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we describe here do not apply to the Third Party Sites. The links from our Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
When you log into the Site using your social media account (including Facebook, Twitter, Instagram, or any other social media site or other service (e.g. Zoom), we will collect relevant information necessary to enable us to access your social media account; however you will provide your login information, like your password, directly to Facebook (and not to Klatch). As part of such integration, social media will provide us with access to certain information that you have provided to social media, and we will use, store and disclose such information in accordance with this Privacy Policy and, if and to the extent applicable, the policies of the social media account. However, please remember that the manner in which social media uses, stores and disclose your information is governed by the policies of that social media platform, and, as a result, Klatch shall not have any liability or responsibility for the privacy practices or other actions of any social media sites that may be enabled within and/or otherwise accessible through our Services.
We take reasonable steps to protect the Personal Data provided via the Services from loss, misuse and unauthorized access, disclosure, alteration, or destruction. However, the Internet cannot be guaranteed to be fully secure and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for disclosures beyond our reasonable control. You are also responsible for helping to protect the security of your account credentials. For instance, never give out your password, and safeguard your user name, password and personal credentials when you are using the Services, so that other people will not have access to your Personal Data. Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the Services.
Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. While we do not currently support Do Not Track signals, we treat the data of everyone who comes to our site in accordance with this Privacy Policy, whatever their Do Not Track setting.
You have the right to access the Personal Data we hold about you in order to verify the Personal Data we have collected with respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Data, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Data accurate and up-to-date, and we will provide you with mechanisms to correct, amend, delete, or limit the use of your Personal Data. As appropriate, this amended Personal Data will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Data about you enables us to give you the best possible service.
In certain circumstances, you have the right:
You have the right to data portability for the information you provide to us. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.
Please note that we may ask you to verify your identity before responding to such requests.
This portion of our Privacy Policy applies to California consumers only.
We collect information from users, as described in our Privacy Policy. The “Personal Information,” as defined in California Civil Code § 1798.140(o), we have obtained on California residents within the last twelve months includes the following:
We use the Personal Information we collect, identified in each of the above categories, for the business purposes disclosed within the Privacy Policy. These business purposes may include the following:
Disclosures of Personal Information on California Consumers for Business Purposes: We may disclose Personal Information identified in the above categories (i) for exempt activities, as part of a business-to-business transaction, (ii) at your express request, or (iii) for our business purposes. For more information on the service providers with whom we share information, please see Our Disclosure of Your Personal Data and Other Information.
If you are a California resident, you have certain legal rights related to your Personal Information. Except as otherwise provided by applicable law, you may exercise the following rights for purposes of the Personal Information covered by our Privacy Policy.
You have the right to request that we disclose to you certain information about Personal Information we collected about you within the past twelve months. Once we confirm your verifiable request, we will disclose to you:
We do not offer a right to opt out because we have not sold any Personal Information described in this Privacy Policy to third parties within the previous twelve months and will not sell Personal Information within the meaning of the CCPA.
You have the right to request deletion of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we confirm your verifiable request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
You may submit a request to exercise the rights listed above by:
As required under applicable law, we take steps to verify your identity before responding to your request. We may require you to provide information sufficient enough to allow us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. We may limit our response to your exercise of the above rights as permitted under applicable law.
You may designate an authorized agent to make a request on your behalf. As permitted by law, we may require additional verification in response to a request even if you choose to use an agent. To access this Privacy Policy by an alternative method, please contact us at privacy@GetKlatch.com.
Please note we do not sell Personal Information of California Consumers regardless of your age. If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt out”). We do not sell the Personal Information of consumers we know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt in”) from either the consumer who is between 13 and 16 years of age, or the Member or guardian of a consumer less than 13 years of age. Consumers who opt in to Personal Information sales may opt out of future sales at any time.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Data which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: privacy@GetKlatch.com.
Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identify your browser or device.
Cookies allow a site or services to know if your computer or device has visited that site or service before. Cookies can then be used to help understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience. Cookies can also help ensure marketing you see online is more relevant to you and your interests.
There are generally four categories of cookies: “Strictly Necessary,” “Performance,” “Functionality,” and “Targeting.” We routinely use all four categories of cookies on the Service. You can find out more about each cookie category below.
The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.
You can adjust your cookie settings and see a complete list of the cookies currently utilized on our service at any time by going to the following page: https://support.GetKlatch.com/en/articles/2663595-cookies
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.
Your access to and use of our Services is subject to the Terms of Service.
We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted, and any material changes will become effective 30 days from their posting on this page or via email to your listed email address. Unless stated otherwise, our current Privacy Policy applies to all Personal Data that we have about you and your account. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services signifies your acceptance of any changes.
Please feel free to contact us if you have any questions about Klatch’s Privacy Policy or the information practices of our Service.