Effective Date: November 20, 2018
Date of Last Revision: September ___, 2021
The website pinata.cloud (the “Site”) is owned and operated by Pinata Technologies, Inc. (referred to herein as “Pinata,” “us,” “we,” or “our”). The Site provides information regarding our products and services (the “Services”).
Information Collection and Use
We collect several different types of information for various purposes from you through your use of the Site and Services.
Types of Information Collected
1) Personal Data
While using our Services we ask you to provide us, or we collect certain personally identifiable information that can be used to identify you (“Personal Data”). Personal Data may include, but is not limited to:
⭐️ Login. To login to your account, you will provide us with your username and password.
⭐️ Job Applications. To apply for a job application, you will provide us with your name, email address, phone number, and address. If you apply for a job with us through your account with LinkedIn, AngelList, or Built In, they may also collect certain Personal Data. Please review their privacy policies for more information regarding their practices.
2) Usage Data
We also automatically collect information about how you access and use the Services (“Usage Data”). This Usage Data includes information such as your computer’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on web pages, unique device identifiers, and other diagnostic data.
3) Use of Data
We use your Personal Data to provide you the Services on our Site, and to receive and respond to your inquiries about products, services, warranties, or support. To address your questions, we may subsequently need to request additional information. We may use your Personal Data to contact you about products or Services that we believe may be of interest to you. In addition, we may use the collected data for the following purposes:
⭐️ To register your account
⭐️ To provide and maintain the Services
⭐️ To notify you about changes to our Services
⭐️ To provide customer care and support
⭐️ To provide analysis or valuable information so that we can improve the Services
⭐️ To monitor the usage of the Services
⭐️ To detect, prevent, and address technical issues
Disclosure of Data
We may share the information we collect about you to provide a product or service you have requested.
We may share your information with service providers that perform tasks on our behalf related to our business, such as order fulfillment services, analytical services, book-keeping services, marketing services that may provide you advertising on our behalf, customer service, employment services, or social media services. For example, we use Stripe for payment processing and Intercom, Hubspot, and Hotjar for marketing services.
We may disclose your information as required or appropriate by law, including to comply with legal process and to respond to requests from public and government authorities; to enforce our terms and conditions, including investigations of potential violations thereof; to detect, prevent, or otherwise address fraud, security, or technical issues; and to protect our operations.
Pinata may also disclose your information in the good faith belief that such action is necessary:
⭐️ To comply with a legal obligation
⭐️ To protect and defend the rights or property of Pinata
⭐️ To prevent or investigate possible wrongdoing in connection with the Services
⭐️ To protect the personal safety of users of the Services or the public
⭐️ To protect against legal liability
We may otherwise share or disclose your information with your consent or when you opt in to share your information with a designated third party.
We may also share your information with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding.
We use “cookies,” a small text file transferred to your device, along with similar technologies (e.g., internet tag technologies, web beacons, embedded scripts) to help provide you a better, more personalized user experience. These technologies are used to:
⭐️ Make the user experience more user friendly;
⭐️ Remember your preferences (e.g., browsing language, usage preferences); or
⭐️ Help us understand and improve how visitors use our website, including which of our pages and products are viewed most frequently.
Cookies can be blocked by changing your internet browser settings to refuse all or some cookies. If you choose to block all cookies you may not be able to access all or parts of the Site or Services.
You can find out more about cookies and how to manage them by visiting www.AboutCookies.org.
You can understand which third parties have currently enabled cookies for your browser or mobile device and how to opt-out of some of those cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.
Marketing Communications and Choices
Wherever you are located, we will send you marketing communications based on the preferences you have expressed. You may opt out of marketing-related emails by clicking on a link at the bottom of each such email, or by contacting us through one of the methods provided in the “Contact Us” section below and putting “Marketing Opt-Out” in the subject line.
Do Not Track
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the website does not currently interpret, respond to, or alter its practices when it receives “Do Not Track” signals.
Security of Data
The security of your data is important to us, and we strive to use commercially reasonable measures to protect your Personal Data. You acknowledge that no method of transmission over the Internet or method of electronic storage is 100% secure. Accordingly, we cannot ensure the absolute security of your Personal Data.
We may employ third-party companies and individuals to facilitate our Services (“Service Providers”), to provide the Services on our behalf, or to assist us in analyzing how our Services are used. We take commercially reasonable measures to contract with service providers that implement commercially reasonable protections when processing your Personal Data.
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services.
Notice to Residents of Europe and the United Kingdom
Pinata recognizes the importance of protecting the privacy of our customers and the users of the Site. As such, we will always ensure that we have a lawful basis for processing your Personal Data.
Pinata’s offices are located at 808 Conagra Drive, Ste 400, Omaha, NE 68102. Pinata is the data controller of all Personal Data collected from residents of the European Economic Area (EEA) or the United Kingdom.
Our Legal Basis for Collecting, Storing, and Processing Your Personal Data
We will collect and process your Personal Data based on one of the following legal bases:
⭐️ Consent. We may process your Personal Data with your consent. You have the right to withdraw your consent at any time.
⭐️ Performance of a Contract. We may process your Personal Data if it is necessary for the performance of a contract to which you are a party.
⭐️ Comply with a Legal Obligation. We may process your Personal Data if it is necessary to comply with a legal obligation to which we are subject.
⭐️ Legitimate Interests. We may process your Personal Data if doing so is necessary for our legitimate interests and those legitimate interests are not overridden by your interests or fundamental rights and freedoms.
Your Legal Rights
Under the GDPR, you have the following rights related to Pinata’s use of your Personal Data.
⭐️ Access. Description of your right: A right to access Personal Data held by us about you, as well as information about how we are using your data.
⭐️ Rectify. Description of your right: A right to require us to rectify any inaccurate Personal Data held by us about you.
⭐️ Delete. Description of your right: A right to require us to erase Personal Data held by us about you, and where the Personal Data has been made public, for other controllers processing the Personal Data to also erase links to, or copy or replication of, such Personal Data. This right will only apply where (for example): we no longer need to use the Personal Data to achieve the purpose we collected it for; or where you withdraw your consent if we are using your Personal Data based on your consent; or where you object to the way we process your data (in line with Right 6 below).
⭐️ Restrict Use. Description of your right: A right to restrict our processing of Personal Data held by us about you. This right will only apply where (for example): you dispute the accuracy of the Personal Data held by us; or where you would have the right to require us to erase the Personal Data but would prefer that our processing is restricted instead; or where we no longer need to use the Personal Data to achieve the purpose we collected it for, but you require the data for the purposes of dealing with legal claims.
⭐️ Data Portability and Transfer. A right to receive Personal Data, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to require us to transfer this personal data to another organization, at your request.
⭐️ Object to Processing. A right to object to our processing of Personal Data held by us about you (including for the purposes of sending marketing materials to you).
International Data Transfers
Pinata is located in the United States, as such, your information may be processed by us or our service providers in the United States. In such case, we have endeavored to establish and provide appropriate safeguards for EEA residents, and provide EEA residents the ability to enforce their data subject rights and provide EEA residents effective legal remedies as set forth in GDPR Article 46.
For any transfer of Personal Data from the EEA, Switzerland, or the United Kingdom that we make, we use appropriate safeguards to ensure for the lawful processing and transfer of the Personal Data. When appropriate, we may use standard contractual clauses approved by the European Commission. Please contact us through one of the methods provided in the “Contact Us” section below and put “Safeguards” in the subject line to receive more information on the safeguards we have put in place.
We will retain your Personal Data for as long as necessary to fulfill the purposes for which we collect your Personal Data and for the purpose of satisfying any legal or reporting requirements that apply to us.
Make a Complaint
If you have any concerns or complaints regarding our processing of your Personal Data, please contact us through one of the methods provided in the “Contact Us” section below and put “Complaint” in the subject line.
If you have any concerns regarding our processing of your Personal Data or are not satisfied with our handling of any request by you in relation to your rights, you have the right to make a complaint to your local supervisory authority (EU Data Protection Authorities, Information Commissioner’s Office).
Notice to California Residents
We do not disclose your personal information to any third party for such third party’s direct marketing purposes without you expressly consenting or opting-in to this disclosure prior to us providing such third party your personal data. You do not have to consent or opt-in to this disclosure to use our Services. Thus, under California Civil Code Sections 1798.80-1798.84, upon your request, we have no obligation to provide you further information. Provided, however, you can contact us through one of the methods provided in the “Contact Us” section below and put “California Opt-Out” in the subject line to withdraw your consent or opt-out of such disclosures.
Notice to Nevada Residents
Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to us through one of the methods provided in the “Contact Us” section below and put “Nevada Opt-Out” in the subject line.
Notice to Utah Residents
We do not disclose your personal information to any third party for such third party’s direct marketing purposes without your consent or opt-in.
In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C., §§ 6501-06 and 16 C.F.R., §§ 312.1-312.12, this website does not collect information from children under thirteen (13) years of age, and we do not intentionally collect information from persons under thirteen (13) years of age. If you are a parent or guardian and you are aware that a child under thirteen (13) has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from a child under thirteen (13) without verification of parental consent, we will take steps to remove that information from our servers.
⭐️ By Email: firstname.lastname@example.org
⭐️ By Mail. Pinata Technologies, Inc.
Attn: Pinata Compliance
808 ConAgra Drive, Ste 400
Omaha, NE 68102
Where do you email/send the DMCA Notice?
The quickest way is to email it to email@example.com. If you prefer, you can instead send it to:
Pinata Technologies, Inc.
Attn: Pinata DMCA Agent
808 Conagra Drive STE 400
OMAHA, NE 68102
Our Designated Agent’s telephone number is +1 (402) 512-1450
What happens after sending the DMCA Notice?
If the DMCA Notice complies with the above requirements, we will remove or disable access to the cited content that is allegedly infringing. We will make a good faith attempt to notify the alleged infringer of the takedown, with a copy of your DMCA Notice, using the contact information provided to us.
What happens if you receive a DMCA Notice from us?
If you believe your content was removed in error, you can file a counter notification with the information below (“DMCA Counter Notification”).
How do you file a DMCA Counter Notification?
Your DMCA Counter Notification must include all of the following information:
⭐️ Your physical or electronic signature;
⭐️ Identification (URL) of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the DMCA Notice is acceptable);
⭐️ A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
⭐️ Your full legal name, mailing address, telephone number, and email address where we can contact you; and
⭐️ A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Pinata Technologies, Inc. may be found, and that you will accept service of process from the person who provided the DMCA Notice or an agent of such person.
What happens after sending the DMCA Counter Notification?
If we receive valid DMCA Counter Notification that meets the above criteria, we will forward a copy to the person who filed the original DMCA Notice. If we do not receive notice within 10 business days that the person who submitted the DMCA Notice is seeking a court order to prevent the infringement of the content at issue, we will replace or re-enable access to the content that was removed.
If you have any questions about these terms & conditions, please contact us at firstname.lastname@example.org