Effective Date May 25, 2018
Updated June 25, 2020
This Policy applies to Singularity Sites and Solutions that link or reference this Policy. This Policy describes how Singularity collects, uses, shares, and otherwise processes Personal Data, as defined in the section below, and the choices available to you regarding: (1) how we collect, use, and access your Personal Data; and (2) how to confirm your Personal Data is updated, corrected, and/or deleted. Additional terms and information about SU’s Personal Data handling practices may be provided in offer descriptions, supplement statements, or contract terms, or notices provided prior to or at the time of information collection.
“Personal Data” is any information that can be used to identify an individual, and may include, but is not limited to, for example, name, address, email address, phone number, login information (account number, password), marketing preferences, social media account information, IP addresses, location data (if combined with other identifiers), personal identification numbers (passport numbers, social security numbers, etc.), photos, video footage with your likeness, audio recordings, payment card number, criminal record, educational and professional records, and any form of biometric, health, genetic, racial, religion, political affiliation, gender-based, sexual preference, age-related, or other identifying personal data. If we link other data with your personal information, we will treat that linked data as Personal Data. We also collect Personal Data from trusted third-party sources and engage third parties to collect Personal Data to assist us.
Our Site may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages, are governed by third parties’ privacy statements, which we encourage you to review to better understand those third parties’ privacy practices.
Singularity acts as a “data controller” (defined terms used that are not otherwise defined in the Policy are defined terms used in the EU General Data Protection Regulation (“GDPR”)). For more information on the GDPR, please go to https://gdpr-info.eu/.
We may collect a variety of information, including Personal Data, about you as you use our Sites and Solutions and interact with us. A summary of what we collect and how we use the Personal Data associated with our Sites and Solutions is compiled for your convenience below. For additional information regarding the Personal Data we typically collect and how we use it by Site and Solution family, please download the SU Personal Data Usage document.
When you become an SU community member, we collect information about you including (but not limited to) your name, your employer’s name, your work address (including your country location), and your email address. We may also collect your personal email address, a personal mailing address, and a mobile phone number. We ask members to voluntarily provide additional information in their membership profile, such as information about their educational background, professional experience, interests in exponential technologies, a photo, social media identifiers, and some other information. Members may edit their profile at any time to change, add, or remove Personal Data.
We process your Personal Data for membership administration, to deliver member benefits to you, and to inform you of SU-related events, content, and other benefits or opportunities associated with your SU membership. We may also use this information to help us understand our members’ needs and interests to better tailor our Site and Solutions to meet your needs.
Members can participate in local SU chapter meetings organized by volunteers which take place at various locations. We may collect registration information from SU users, community members and their guests, which we may share with a sponsoring SU partner and location hosts for purposes of verifying registration and to ensure only registered guests are allowed attendance.
SU hosts many events throughout the year. These include in-person and web-based conferences, summits, speakers’ series, and other in-person as well as virtual gatherings (collectively, “events”). If you register for one of our events and you are a member, we will access the information in your member account to provide you with information and services associated with the event. If you are not a member and you register for one of our events, we will collect your name, telephone number, address, email address and select other information, which we will store in our database(s) and use to provide you with information and services associated with the current and future events, SU community membership and SU content.
If you are a presenter or speaker at one of our events, we will collect information about you including your name, employer, educational and professional background, contact information, and photograph. We may collect information provided by event attendees who evaluated your performance as a presenter. We may also make and store a recording of your voice and likeness in certain instances.
If you attend an in person SU event, you may be offered the option to download a mobile application to help you navigate the event and plan your schedule. This event app may require the device identifier associated with your device but does not collect or use any other personal data without your consent.
Some of our events are sponsored. We may provide an attendee list to certain sponsors. If you do not wish to have your information shared with a sponsor or to receive information from sponsors, you can express your preferences when you register for events.
We offer exciting content for SU’s community members and non-community members alike. In addition to producing original content, we also subscribe to news feeds and blogs produced by others, which we link to and from our website. This means you may find yourself on an SU site or reading SU content and we will offer you a link to another organization’s website where you will find content on exponential technologies or exponential thinking that we or our faculty find relevant and useful to you. At these times, you will be leaving the SU Site(s). SU is not responsible or liable for content provided by these third-party websites or Personal Data they may happen to gather from you.
You may manage your SU subscriptions by subscribing or unsubscribing at any time. Please note that if you have set your browser to block cookies, this may have an impact on your ability to unsubscribe. If you have any difficulties managing your email or other communication preferences with SU, please contact us at [email protected]
We use Google Analytics to track how often people gain access to or read our content. We use this information in the aggregate to understand what content our community members find useful or interesting, so we can produce the most valuable content to meet your needs.
We also conduct surveys that we use to evaluate content quality and relevance to our SU community. We do not track individuals but look at information in the aggregate only. Participation in surveys is voluntary.
You may sign up directly with us to participate in our in-person or on-line training courses delivered over a learning management system (LMS), in which case we collect your name and contact information directly from you. Alternatively, your employer or an SU partner may register you to participate in the training. Your Personal Data will be stored in our database (hosted by a cloud service provider) and may also be shared with a delivery partner or co-sponsor of the training program (to verify numbers and attendance rates), trainers (to determine the experience level, industry, and the demographics of the target audience(s)), and/or vendors supporting event delivery (to verify your identity).
If you correspond with us by email, the postal service, or other form of communication, we may retain the correspondence and the information contained in it and use it to respond to your inquiry and to keep a record of the complaint, accommodation, or other request.
If you ask us not to contact you by email at a certain email address, SU will retain a copy of that email address on its “master do not send” list in order to comply with your no-contact request.
You may purchase Solutions using a payment card. Payment card information may be provided directly by users, via an SU Site or authorized third party event registration vendor site, into the PCI/DSS-compliant payment processing service to which SU subscribes. We do not process or store the card information. Occasionally, members or customers ask SU employees or SU event volunteers to enter payment card or other financial account information into the PCI/DSS-compliant payment processing service to which SU subscribes. We strongly encourage you not to submit this information by email. When SU employees receive payment card or other financial account information from customers or members by email, phone, or mail, it is entered as instructed and then deleted or destroyed.
Periodically, SU receives Personal Data about individuals from third parties. For example, this may happen if your employer is participating in a corporate program and signs you up for an event, training, SU membership, or SU Solution access. SU may also collect Personal Data about prospective employees, faculty, vendors, contractors, and partners from due diligence vendors who conduct business and criminal history background checks on information available from the public domain. Additionally, SU may combine or append information it receives from third parties, including Personal Data, with other Personal Data it has collected.
We use common information-gathering tools, such as log files, embedded web links, web beacons, and cookies, to automatically collect certain standard information that your browser sends back to our Site(s). Examples include:
These tools help make your visit to our Sites easier, more efficient, and more valuable by providing you with a customized experience and recognizing you when you return.
We use Google Analytics, a service that transmits our Site traffic to Google servers in the United States of America. Google Analytics does not identify individual users or associate your IP address with other data held by Google. We use reports and data provided by Google Analytics and other website traffic tracking services to help us understand our Site traffic trends and usage. For more information regarding how Google collects and processes data, please visit www.google.com/policies/privacy/partners.
If you use our Mobile App, we may collect information about the device on which the Mobile App is installed such as a device identifier (IMEI or UDID), subscriber identifier, mobile phone number, device name, type, and manufacturer, operating system type and version, wireless carrier, network type, country of origin, and IP address. We may also collect location data from the GPS on your device.
Some web browsers may give you the ability to enable a “do not track” feature that sends signals to the SU Sites you visit, instructing that you do not want your online activities to be tracked; however, these features are not yet uniform and there is no common standard that has been adopted by industry groups, technology companies or regulators. Be aware that this is different from blocking or deleting cookies, and that browsers with “do not track” features enabled may still accept cookies. Singularity takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard. While SU Sites do not currently recognize and respond to “do not track” signals, if we do in the future, we will describe how in this Policy.
To learn more about how to update your choices in relation to cookies and other web browsing technologies, please go to the SU Cookies Statement.
Personal Data you provide to us is used either to respond to requests that you make or to aid us in serving you better. For additional information about the type(s) of Personal Data we typically collect and how we use it by Site and Solution family, please visit this link. A summary of the ways we may use your Personal Data is set forth below:
We may share your Personal Data with third parties for the purposes of operating our business, delivering, improving, and customizing our Sites and Solutions, sending marketing and other communications related to our business, and for other legitimate purposes permitted by applicable law or otherwise with your consent. We may share Personal Data in the following ways:
SU makes community member information available through its community directory, known as the SU Global Hub, using the SU Global Site. Community members are invited to opt-in to have their information shared in the SU Global Hub.
Singularity is headquartered in the United States and Personal Data we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. We aim to collect and transfer Personal Data only: i) with your consent; ii) to perform a contract with you; or iii) to fulfill a compelling legitimate interest in a manner that does not outweigh your rights and freedoms.
By providing us with your Personal Data, you acknowledge and agree that we may from time to time transfer any of your Personal Data to any of our offices, agents, partners, or appointed representatives located around the world. We are implementing appropriate safeguards for transfers of Personal Data originating from the European Economic Area (EEA) to countries located outside of the EEA. These safeguards include implementing standard data protection clauses that have been approved by the European Commission or (in relation to transfers from the European Union to the USA) transferring Personal Data to entities that have signed up to the EU-U.S. Privacy Shield. Please do not submit any Personal Data to us if you do not wish for your data to be transferred internationally.
SU encourages you to keep your Personal Data accurate and current. In addition, you have the right to ask us not to process your Personal Data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data, clicking the unsubscribe button on any communication we have sent to you or by contacting us.
Where you have consented to allowing us to use your Personal Data, you can withdraw that consent at any time. If the information we hold about you is inaccurate or incomplete, you can notify us and ask us to correct or supplement it. You may request that we erase that Personal Data or cease processing it, subject to certain exceptions. You also have the right, with some exceptions and qualifications, to ask us to provide a copy of any Personal Data we hold about you.
You may also request information about: (i) the purpose of the processing; (ii) the categories of Personal Data concerned; (iii) who else other than SU might have received the Personal Data; (iv) what the source of the information was (if you didn’t provide it directly to us); and (v) how long it will be stored.
Where you have provided your data to us and it is processed by automated means, you may be able to request that we provide it to you in a structured, machine readable format.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to enable us to deal with your request or to speed up our response.
Reasonable access to a record of your Personal Data will be provided at no cost on request made to https://su.org/contact/privacy-and-data-access/. We may charge a reasonable fee if your request(s) is clearly unfounded, repetitive, or excessive; alternatively, we may refuse to comply with your request(s) in these circumstances. If access cannot be provided within a reasonable time frame, we will provide you with an estimated date when a record of the Personal Data will be provided. If for some reason we cannot supply you with a record of the Personal Data we have collected, used, and/or stored, we will provide an explanation as to why we cannot provide the record.
If you have a complaint about how we have handled your Personal Data, you may be able to ask us to restrict how we use it while your complaint is resolved. In some circumstances you can ask us to erase your Personal Data:
Singularity to protect the Personal Data entrusted to us and treat it securely in accordance with this Policy. SU implements various physical, administrative, and technical measures designed to protect your Personal Data from unauthorized access, use or disclosure. We contractually require our critical vendors to protect such information from unauthorized access, use and disclosure. We restrict access to your Personal Data to those who need to know that information to provide Solutions or other benefits to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.
We may require you to enter a password to access Personal Data associated with your SU account. Please do not disclose your account password to unauthorized people. Note, however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we use reasonable efforts to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you provide to us.
We will retain your Personal Data for the period required to fulfill the purposes for which it has been collected. These purposes may include the need to fulfill various commercial and legal requirements. Key requirements driving the need for collection, analysis and storage of Personal Data may include for example:
Your Personal Data is stored by SU on servers of the cloud-based database management services we engage, located primarily in the United States. Unless you request otherwise, we will retain data for the duration of your business relationship with us or for as long as is required by law. For more information on where and how long your Personal Data is stored, please contact [email protected]
We encourage parents and guardians to take an active role in their children’s online activities. We do not knowingly collect Personal Data from minors under the age of eighteen (18) without appropriate parental or guardian consent. If you believe that we may have collected Personal Data from someone under the applicable age of consent in your country without proper consent, please let us know using the methods described in the “How to Contact Us” section and we will take appropriate measures to investigate and address the issue promptly.
We may revise this Policy on occasion. If we make any material changes to the way we intend to use your Personal Data we will notify you by sending you an email to the last email address you provided to use and by prominently posting the changes on our Sites. Changes will be effective no later than thirty (30) days following notification. You are responsible for making certain that we have your current email address on file. If the email address we have on file is invalid, our dispatch of the email to your last known email address along with posting the notice of material Policy changes on our Sites will constitute effective notice of the changes. If you do not wish to permit the changes in the use of your Personal Data, you must notify us prior to the effective date of the changes. Continued use of our Services or Solutions following notice will indicate your acknowledgement of, and agreement to be bound by, the changes until such time that you notify us you would like to deactivate your account and/or have your Personal Data deleted as set forth in the “How to Contact Us” section of this Policy.
Certain services and solutions provided by or through Singularity may be subject to additional privacy terms or Personal Data disclosures (collectively, “Additional Policies”). In the event of any direct conflict between any Additional Policies and this Policy, the Additional Policies will control.
Under California’s “Shine the Light” law, California residents may request once annually that Singularity disclose select information we have shared about them, if any, with other businesses for their own direct marketing uses. If applicable, responses will include categories of customer information and the names and addresses of the businesses with which we shared information for the immediately prior calendar year (e.g., requests made in 2012 will receive information regarding 2011 sharing activities, if any). Note that not all Personal Data or information sharing is covered by the “Shine the Light” requirements.
Should you have any queries regarding this Policy or how your information is collected, used and stored, please contact [email protected] or mail us at the following location:
1049 El Monte Ave. Suite C #16
Mountain View, CA 94040
a) If you wish to engage your rights to access, correct, modify, or delete your Personal Data, please contact our technology team using this form.
b) If you want to report a suspected breach of your Personal Data, please contact our technology team using this form.
When we transfer Personal Data from you across national borders, we do so in compliance with applicable law.
Privacy Shield Principles.
Singularity complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union (“EU”) member countries and Switzerland transferred to the United States pursuant to Privacy Shield. Singularity has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this Policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/
Complaints and inquiries.
In compliance with the Privacy Shield Principles, Singularity commits to resolve complaints about your privacy and our collection or use of your Personal Data transferred to the United States pursuant to Privacy Shield. EU and Swiss individuals with Privacy Shield inquiries or complaints should first contact Singularity at [email protected] Singularity will respond to all such inquiries and complaints within 30 days of receiving them.
Singularity has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint from us, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
Singularity maintains contracts with third parties that process Personal Data within the scope of the Privacy Shield. These contracts restrict such third parties’ access, use, and disclosure of Personal Data in compliance with Singularity’s Privacy Shield obligations. Singularity remains liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Singularity proves that it is not responsible for the event giving rise to the damage.
Federal Trade Commission authority.
Singularity is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
Singularity may be required to disclose Personal Data in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.
Singularity acknowledges that EU and Swiss individuals have the right to access the personal information/data that we maintain about them. Subject to certain exceptions, upon requests and provided you provide us sufficient information to confirm your identity, Singularity will provide you with the Personal Data that we have collected about you for the purpose of enabling you to correct, amend, or delete any inaccuracies. You may make this request by contacting us at [email protected] If Singularity is not able to provide the information that you are requesting within 30 days of receipt of your request, we will provide you a timeline for providing the requested information. If Singularity denies access to your Personal Data, we will explain why access was denied and give you contact information for further inquiries regarding the denial of access.
Use and Choice.
Singularity will not process Personal Data about EU and Swiss individuals maintained in reliance on the Privacy Shield for purposes other than those for which the information was originally obtained or subsequently authorized by the individual, unless an exception applies. EU and Swiss individuals may contact Singularity at any time to withdraw consent. If you withdraw your consent, your Personal Data will not be further processed. Singularity will also provide EU and Swiss individuals with an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents. EU and Swiss individuals may contact Singularity to opt out of Singularity’s sharing Personal Data with most third parties, excluding those necessary for our processing, as required by law, or as necessary to protect Singularity and its users.
Singularity takes your privacy very seriously, including your activities in browsing Singularity owned or controlled websites and mobile application(s) (collectively, “Sites”).
What Cookies Do We Collect and How Do We Use Them?
Cookies do lots of different jobs, like letting you navigate between web pages efficiently, remembering your preferences, and generally improving your experience on our Sites. They can also help to ensure that advertisements and content you see online are more relevant to you and your interests.
The cookies used on the Sites have been categorized based on function. Here are the main types of cookies we use, and why we use them:
Essential Cookies: These cookies are necessary in order to enable you to move around our Sites and use their features, such as accessing secure areas of our Sites. Without these cookie services, you may not have access to services you have asked for.
Performance Cookies: These cookies collect information about how you use our Sites. For example, they tell us which pages you visit most often, and if you receive any error messages from our web pages. These cookies do not identify you. All information they collect is aggregated and is, therefore, anonymous. We use these cookies to measure and analyze how our customers use our Sites and to improve their functionality and the user experience.
Functionality Cookies: These cookies allow our Sites to remember choices you make (such as your user name, language, or the region you’re in) and provide enhanced, personalized features). These cookies can also be used to remember changes you have made to customizable parts of our Sites. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites.
Targeting Cookies: These cookies are used to deliver marketing and communications more relevant to you and your interests.
Managing and Deleting Cookies
We partner with a third party to manage our advertising on our Sites. Our third-party partner may use technologies such as cookies to gather information about your activities on the Sites in order to provide you advertising based upon your browsing activities and interests.
Where our Sites include links to other websites, the privacy practices may differ from our own. If you submit Personal Data to any of those other websites, your information is governed by their privacy statements. We encourage you to carefully ready the privacy statement of any website you visit.
Our site may also include social media features, such as the Facebook and Twitter buttons and widgets, or interactive mini-programs that run on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social Media features and widgets are either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the privacy statement of the company providing it.
Most web browsers allow some control of most types of cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org. If you are located in the European Economic Area (EEA), visit http://www.youronlinechoices.eu for guidance in multiple languages regarding how to manage and delete advertising cookies. Please note that these reference sites are not owned, managed, or controlled in any way by Singularity, and that visiting these sites will not constitute an opt-out of cookie collection and storage for the Sites.
To opt out of being tracked by Google Analytics across all websites, visit https://tools.google.com/dlpage/gaoptout.
We also use the information collected to maintain and upgrade our systems. Our technical staff may require periodic access to services data to monitor system performance, test systems, and develop and implement upgrades to systems. This services data will generally not include your personal data. Any temporary copies of services data created as a necessary part of this process are only maintained for time periods relevant to those purposes.
Changes to our Cookies Statement
We may change this Cookies Statement from time to time. If we make changes, we will notify you by revising the date at the top of this Statement and in some cases by adding notices on our homepage or other Sites or sending you email updates.
If you have any questions about our Cookies Statement you can contact us at: [email protected].
Updated June 25, 2020
SU reserves the right to modify these Terms and to initiate new or additional terms or conditions on your use of the Services at any time. If we make changes to the Terms that will significantly impact your user experience, we will provide notice through our Services or other means to provide you the opportunity to review the changes before they become effective. If you desire, you may terminate the Terms as described in the section entitled “Changing and Terminating Services.” Otherwise, your continued use of the Services will constitute your acceptance of the changed or new terms.
To use the Services, you agree that you: (1) are at least the “Minimum Age” described below; (2) have the authority to enter into these Terms if you are doing so on behalf of a company, government agency, or other organization; and (3) will use the Services in compliance with these Terms and all applicable laws. “Minimum Age” means 18 years of age unless local law requires that you must be older in order for SU to lawfully provide the Services to you without parental consent (including use of your personal data), then the Minimum Age is the older age of consent applicable in your jurisdiction.
When you interact directly with others while using our Services, you should be cautious about the personal information you decide to share with them. We do not control what others choose to do with any personal information they obtain from users while using our Services, and we cannot be responsible for such use.
You agree that SU may provide notices and messages to you in the following ways: (1) within the applicable Service; (2) sent to the contact information methods you provide us (e.g., email, mobile number, or physical address, etc.). You agree to keep your contact information up to date in your account so that we may reach you when needed.
Please review your settings to control and limit the types of User Content and messages you receive from SU. If you are participating in our Mighty Network community, you can also update your notifications settings.
If you buy any Services, you agree to pay the applicable fees and taxes. Paid Services will be subject to additional invoice, payment and refund terms and conditions presented to you at the point of sale.
The Services features may include messaging and sharing content that you provide, such as information about you, your activities with SU, written information and commentary about SU or relevant third party content, photos, video files, audio files, and other materials (“User Content”). You agree that SU is not obligated to publish any User Content and may remove it in its sole discretion, without notice. SU is not responsible for examining or evaluating User Content or the accuracy of any materials you or others post.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting, you grant us the right to use the Feedback without any restriction or any compensation to you.
Services are only available in English and are not available in all countries. SU makes no representation that the Services are appropriate or are available for use in any particular location. To the extent you choose to access and use the Services, you do so at your own initiative and agree to use the Services only as permitted by these Terms and any applicable laws or regulations (including any local laws), as well as any additional policies or guidelines SU may adopt.
You agree that you will not use the Services for unlawful and unauthorized purposes. You may not use the Services in conflict with these Terms, the Community Guidelines, or applicable law.
You agree that, when using our Services, you will not share User Content that:
In addition, unless you have prior written authorization from SU, you agree not to do any of the following:
For more details and examples about the types of behavior that are prohibited when using the Services and what to do if you observe them, please consult the SU Community Guidelines.
You are also responsible for ensuring that all User Content you share complies with the Singularity Community Guidelines and applicable law, including respecting the intellectual property rights of others. Specifically you agree not to upload or to provide illegal or inappropriate content or information, or content or information that is protected by intellectual property rights (such as copyright, trademark, patents, etc.) for which you do not have a valid license (“Unauthorized Content”).
We reserve the right to remove User Content you share as well as to terminate your further use of the Services in the event you breach these Terms or other applicable SU terms and conditions, SU policies, the Community Guidelines, or applicable law or regulations.
SU may, from time to time, provide you access to certain SU proprietary documentation, information, software, databases, tools, lists, platforms, and other materials (“SU Materials”). You agree that any SU Materials that SU provides as part of the Services are licensed to you and may be used by you only in accordance with these Terms as well as any additional license terms and conditions that may accompany the SU Materials.
License to You:
We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services for your personal, non-commercial use. You may only use the Services on devices that you own or control. Accessing and using our Services and/or SU Materials does not give you ownership of any intellectual property or proprietary rights in either. SU and/or its licensors and suppliers retain ownership of all rights, title, and interest in the Services and SU Materials, and except for the limited use rights expressly granted in these Terms, no other rights or licenses are granted or implied. You will not use the Services in any way that is inconsistent with these Terms or that infringes any intellectual property or proprietary rights of SU or any third party.
License from You:
You retain all intellectual property rights to, and are responsible for, any User Content you share. We are allowed to share your User Content with anyone through any media, including promoting it via advertising on SU and third party sites or channels. In legal terms, this means you grant SU a non-exclusive, royalty-free, perpetual, worldwide, transferable and sublicensable right to use, copy, modify, translate, distribute, publish, and process any information and User Content that you provide through the Services, without any further consent, notice, accounting, and/or compensation to you or others. Because you own your User Content and information and we only have non-exclusive rights to use it, you may choose to make your User Content available to others as you choose.
SU, the SU logo, SingularityU, and other SU trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of SU in the US and/or other countries. Other trademarks or logos used in connection with the Services may be the trademarks of their respective owners. You are not granted any right or license in any of these trademarks, and you will not remove, obscure or alter any proprietary notices (including trademark and copyright notices) found in or on sites, content, SU Materials or other information related to the Services.
When using our Services, you may encounter content or information that may be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We do not generally review content provided by our users or other parties. You agree that we are not responsible for others’ (including other users’) content or information. It is not possible to prevent every possible misuse of our Services, and you agree that we are not responsible for any misuse. If you have questions or concerns about content posted or another User’s behavior, please consult the SU Community Guidelines for information about how to reach out to SU to communicate your concerns.
You are responsible for deciding if you want to access or use third party apps and sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your SU account, that app or site can access information on SU that’s related to you. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your personal information in ways that SU would not use it. Except to the limited extent required by applicable law, SU is not responsible for these other sites and apps – use these at your own risk.
With respect to third party apps and software that may be included in or accessed by our Services (“Other Software”), you are not permitted to: (a) reverse engineer or attempt to derive the source code from or create derivative works of the Other Software, or any portion thereof; (b) sublicense or distribute the Other Software or rent, electronically distribute, timeshare, or market the Other Software by interactive cable, (c) access, use, or copy any portion of the Other Software to directly or indirectly develop, promote or support any product or service that is competitive with the same Other Software, (d) remove any identification, patent, trademark, copyright, or other notice from the Other Software; (e) interfere with or disrupt the integrity or performance of the Other Software or third-party data contained therein; (f) attempt to gain unauthorized access to the Other Software, including access to other Users’ data; (g) disclose or publish, without the licensor’s express prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Other Software; (h) use the Other Software in any manner that violates any law, rule, regulation or any other legal or regulatory requirement imposed by any regulatory or government agency or political subdivision, whether federal, state, local, or foreign; or (i) use, reproduce, distribute, or permit others to use, reproduce, or distribute any Other Software apart from the Services.
The Services may contain software licensed under the terms of separate open source software licenses (“Open Source Software” ). Such Open Source Software is licensed under the terms of the license that accompanies the Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supercede, the terms and conditions of any applicable end user license for such Open Source Software.
SU, as well as select SU suppliers and certain SU business partners (collectively, “SU Business Partners”) may provide certain features in the Services, such as those that rely on location information. To provide and improve these location-based Services, where available, SU and SU Business Partners may transmit, collect, maintain, process, and use your location data. The location data and queries collected by SU help provide and improve location-based Services. By providing consent and using any location-based features provided by or through the Services, you agree and consent to the transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such Services. You may withdraw this consent at any time by going to the Location Services setting on your device and either turning off the global Location Services setting or turning off the individual location setting for the Services at issue.
You acknowledge and agree that SU reserves the right to remove any material, including your User Content, from any SU site if SU receives notification claiming such material is Unauthorized Content or if it determines, in its sole discretion, that the User Content violates the Community Guidelines or the restrictions set forth in the “Unauthorized Use and Content” section of these Terms.
If you believe that your content has been copied and posted on the Services in a way that constitutes copyright infringement, please immediately contact our Copyright Agent. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), our designated Copyright Agent for notice of alleged copyright infringement in connection with the Services can be reached at: [email protected]. We reserve the right to delete or disable any material alleged to violate these Terms and to terminate repeat infringers.
Federal law requires your DMCA Notice to include the following information:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND SOLE RISK. SU AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, AND LICENSORS (COLLECTIVELY, THE “SU AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT ANY WARRANTY EXISTS UNDER LAW THAT CANNOT BE DISCLAIMED, SU SHALL BE SOLELY RESPONSIBLE FOR SUCH WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SU OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES OR FOR LOST PROFITS, LOST INCOME OR REVENUE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE GOODS, OR BUSINESS INTERRUPTION, WHETHER OR NOT SU WAS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL SU OR ITS LICENSORS’ TOTAL LIABILITY TO YOU UNDER THESE TERMS FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF U.S. TWENTY DOLLARS (USD$20.00).
IN ADDITION, SU, THE SU AFFILIATES, AND SU’S LICENSORS DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST SU, THE SU AFFILIATES, AND SU’S LICENSORS FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
THIS LIMITATION OF LIABILITY IS A PART OF THE BARGAIN BETWEEN YOU AND SU, AND SU WOULD NOT HAVE ENTERED INTO THIS CONTRACT WITHOUT THIS LIMITATION OF LIABILITY.
At SU’s request, you agree to indemnify, defend, and hold harmless SU and the SU Affiliates from any and all demands, losses, liability, damages, claims, suits, costs and/or expenses (including attorneys’ fees) arising out of: (1) your use or attempted use of the Services in violation of these Terms; (2) your violation of any law or rights of any third party in connection with your use of the Services; and/or (3) your contribution of User Content and your use or contribution of Unauthorized Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
SU may change, enhance, or discontinue providing a Service at any time in its sole discretion. Either SU or you may terminate the Services and this Contract at any time with written notice to the other. On termination of this Contract, you lose the right to access and use the Services. The following rights will survive termination of this Contract:
If your use of paid Services is suspended or terminated through no fault of your own, a full or partial refund may be available according to the terms found in our Refund Policy.
Use of Services and SU Materials as well as select User Content may be subject to export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, SU Materials and User Content covered by these laws may not be exported or re-exported (1) into any U.S. Embargoed Countries or Territories; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in, or a national of, a U.S. embargoed country or territory and that you are not on any government sanctions or watch list.
You agree that you will not (i) use the Services, SU Materials, or User Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons, or (ii) distribute the Services, SU Materials, or User Content to any third party who you know or have reason to suspect will use them for any purpose prohibited by United States law.
The Services are managed by SU, which is located in Santa Clara County, California. You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflict of law provisions. You agree to submit to the personal jurisdiction and exclusive venue of the federal and state courts located in and serving Santa Clara County, California as the legal forum for any dispute.
You agree that email notices sent by SU will satisfy any legal communication requirements and that you are obligated to keep your email address current in your SU account so that you receive up-to-date notices.
You agree that the only way to provide us legal notice is at the mailing address provided below and delivered in one of two ways: (i) three business days after having been sent by commercial overnight carrier with written proof of delivery; or (ii) five business days after sending by certified mail, postage prepaid:
1049 El Monte Ave, Ste. C #16
Mountain View, CA 94040
Some Services we offer are also governed by supplemental terms. If you use any of these Services, supplemental terms will become a part of our agreement. For instance, if you post or share User Content, you must comply with our Community Guidelines. To the extent any supplemental terms conflict with these Contract terms, the supplemental terms shall govern. Unless there are supplemental terms, this Contract makes up the entire agreement between you and SU regarding your use of our Services. These terms supersede any prior agreement between us. We reserve all rights not expressly granted to you.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable to effect the original intent of the parties to the maximum extent possible, and the rest of the Contract shall remain in full force and effect.
If we don’t act to enforce a breach of this Contract, that does not mean that Singularity has waived its right to enforce this Contract.
You may not assign or transfer this Contract (or your use of the Services) to anyone without our prior written consent, which may be withheld in our sole discretion due to the unique character of the Services. You agree that SU may assign this Contract without your consent to a party that acquires it. There are no third party beneficiaries to this Contract.
Under California Civil Code Section `789.3, California website users 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 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.