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  • 隐私政策

    2018年【10】月【9】日

    【古诗词大全】(以下简称“我们”)深知个人信息对您的重要性,并会尽全力保护您的个人信息安全可靠。我们致力于维持您对我们的信任,恪守以下原则,保护您的个人信息:权责一致原则、目的明确原则、选择同意原则、最少够用原则、确保安全原则、主体参与原则、公开透明原则等。同时,我们承诺,我们将按业界成熟的安全标准,采取相应的安全保护措施来保护您的个人信息。

    请在使用我们的产品(或服务)前,仔细阅读并了解本《隐私权政策》。

    一、我们如何收集和使用您的个人信息

    个人信息是指以电子或者其他方式记录的能够单独或者与其他信息结合识别特定自然人身份或者反映特定自然人活动情况的各种信息。

    我们仅会出于本政策所述的以下目的,收集和使用您的个人信息:

    业务功能:注册成为用户

    为完成创建账号,您需提供以下信息:您的姓名、电子邮箱地址、创建的用户名和密码。

    在注册过程中,如果您提供以下额外信息,将有助于我们给您提供更好的服务和体验:手机号、工作职位、公司、教育背景。但如果您不提供这些信息,将不会影响使用本服务的基本功能。

    您提供的上述信息,将在您使用本服务期间持续授权我们使用。在您注销账号时,我们将停止使用并删除上述信息。

    上述信息将存储于中华人民共和国境内。如需跨境传输,我们将会单独征得您的授权同意。

    当我们要将信息用于本策略未载明的其它用途时,会事先征求您的同意。

    当我们要将基于特定目的收集而来的信息用于其他目的时,会事先征求您的同意。

    二、我们如何使用 Cookie 和同类技术

    (一)Cookie

    为确保网站正常运转,我们会在您的计算机或移动设备上存储名为 Cookie 的小数据文件。Cookie 通常包含标识符、站点名称以及一些号码和字符。借助于 Cookie,网站能够存储您的偏好或购物篮内的商品等数据。

    我们不会将 Cookie 用于本政策所述目的之外的任何用途。您可根据自己的偏好管理或删除 Cookie。您可以清除计算机上保存的所有 Cookie,大部分网络浏览器都设有阻止 Cookie 的功能。但如果您这么做,则需要在每一次访问我们的网站时亲自更改用户设置。如需详细了解如何更改浏览器设置,请访问以下链接:<Internet Explorer>、<Google Chrome>、<Mozilla Firefox>、<Safari> 和 <Opera>。

    (二)网站信标和像素标签

    除 Cookie 外,我们还会在网站上使用网站信标和像素标签等其他同类技术。例如,我们向您发送的电子邮件可能含有链接至我们网站内容的点击 URL。如果您点击该链接,我们则会跟踪此次点击,帮助我们了解您的产品或服务偏好并改善客户服务。网站信标通常是一种嵌入到网站或电子邮件中的透明图像。借助于电子邮件中的像素标签,我们能够获知电子邮件是否被打开。如果您不希望自己的活动以这种方式被追踪,则可以随时从我们的寄信名单中退订。

    (三)Do Not Track(请勿追踪)

    很多网络浏览器均设有 Do Not Track 功能,该功能可向网站发布 Do Not Track 请求。目前,主要互联网标准组织尚未设立相关政策来规定网站应如何应对此类请求。但如果您的浏览器启用了 Do Not Track,那么我们的所有网站都会尊重您的选择。

    三、我们如何共享、转让、公开披露您的个人信息

    (一)共享

    我们不会向其他任何公司、组织和个人分享您的个人信息,但以下情况除外:

    1、在获取明确同意的情况下共享:获得您的明确同意后,我们会与其他方共享您的个人信息。

    2、我们可能会根据法律法规规定,或按政府主管部门的强制性要求,对外共享您的个人信息。

    (二)转让

    我们不会将您的个人信息转让给任何公司、组织和个人,但以下情况除外:

    1、在获取明确同意的情况下转让:获得您的明确同意后,我们会向其他方转让您的个人信息;

    2、在涉及合并、收购或破产清算时,如涉及到个人信息转让,我们会在要求新的持有您个人信息的公司、组织继续受此隐私政策的约束,否则我们将要求该公司、组织重新向您征求授权同意。

    (三)公开披露

    我们仅会在以下情况下,公开披露您的个人信息:

    1、获得您明确同意后;

    2、基于法律的披露:在法律、法律程序、诉讼或政府主管部门强制性要求的情况下,我们可能会公开披露您的个人信息。

    四、我们如何保护您的个人信息

    (一)我们已使用符合业界标准的安全防护措施保护您提供的个人信息,防止数据遭到未经授权访问、公开披露、使用、修改、损坏或丢失。我们会采取一切合理可行的措施,保护您的个人信息。例如,在您的浏览器与“服务”之间交换数据(如信用卡信息)时受 SSL 加密保护;我们同时对我们网站提供 https 安全浏览方式;我们会使用加密技术确保数据的保密性;我们会使用受信赖的保护机制防止数据遭到恶意攻击;我们会部署访问控制机制,确保只有授权人员才可访问个人信息;以及我们会举办安全和隐私保护培训课程,加强员工对于保护个人信息重要性的认识。

    (二)我们会采取一切合理可行的措施,确保未收集无关的个人信息。我们只会在达成本政策所述目的所需的期限内保留您的个人信息,除非需要延长保留期或受到法律的允许。

    (三)互联网并非绝对安全的环境,而且电子邮件、即时通讯、及与其他我们用户的交流方式并未加密,我们强烈建议您不要通过此类方式发送个人信息。请使用复杂密码,协助我们保证您的账号安全。

    (四)互联网环境并非百分之百安全,我们将尽力确保或担保您发送给我们的任何信息的安全性。如果我们的物理、技术、或管理防护设施遭到破坏,导致信息被非授权访问、公开披露、篡改、或毁坏,导致您的合法权益受损,我们将承担相应的法律责任。

    (五)在不幸发生个人信息安全事件后,我们将按照法律法规的要求,及时向您告知:安全事件的基本情况和可能的影响、我们已采取或将要采取的处置措施、您可自主防范和降低风险的建议、对您的补救措施等。我们将及时将事件相关情况以邮件、信函、电话、推送通知等方式告知您,难以逐一告知个人信息主体时,我们会采取合理、有效的方式发布公告。

    同时,我们还将按照监管部门要求,主动上报个人信息安全事件的处置情况。

    五、您的权利

    按照中国相关的法律、法规、标准,以及其他国家、地区的通行做法,我们保障您对自己的个人信息行使以下权利:

    (一)访问您的个人信息

    您有权访问您的个人信息,法律法规规定的例外情况除外。如果您想行使数据访问权,可以通过以下方式自行访问:

    账户信息——如果您希望访问或编辑您的账户中的个人资料信息和支付信息、更改您的密码、添加安全信息或关闭您的账户等。

    如果您无法通过上述链接访问这些个人信息,您可以随时使用我们的 Web 表单联系,或发送电子邮件至feedback@youfang.com。我们将在30天内回复您的访问请求。

    对于您在使用我们的产品或服务过程中产生的其他个人信息,只要我们不需要过多投入,我们会向您提供。如果您想行使数据访问权,请发送电子邮件至【feedback@youfang.com】。

    (二)更正您的个人信息

    当您发现我们处理的关于您的个人信息有错误时,您有权要求我们做出更正。您可以通过“(一)访问您的个人信息”中罗列的方式提出更正申请。

    如果您无法通过上述链接更正这些个人信息,您可以随时使用我们的 Web 表单联系,或发送电子邮件至feedback@youfang.com。我们将在30天内回复您的更正请求。

    (三)删除您的个人信息

    在以下情形中,您可以向我们提出删除个人信息的请求:

    1、如果我们处理个人信息的行为违反法律法规;

    2、如果我们收集、使用您的个人信息,却未征得您的同意;

    3、如果我们处理个人信息的行为违反了与您的约定;

    4、如果您不再使用我们的产品或服务,或您注销了账号;

    5、如果我们不再为您提供产品或服务。

    若我们决定响应您的删除请求,我们还将同时通知从我们获得您的个人信息的实体,要求其及时删除,除非法律法规另有规定,或这些实体获得您的独立授权。

    当您从我们的服务中删除信息后,我们可能不会立即备份系统中删除相应的信息,但会在备份更新时删除这些信息。

    (四)改变您授权同意的范围

    每个业务功能需要一些基本的个人信息才能得以完成(见本策略“第一部分”)。对于额外收集的个人信息的收集和使用,您可以随时给予或收回您的授权同意。

    您可以通过以下方式自行操作:

    当您收回同意后,我们将不再处理相应的个人信息。但您收回同意的决定,不会影响此前基于您的授权而开展的个人信息处理。

    如果您不想接受我们给您发送的商业广告,您随时可通过以下方式取消:

    (五)个人信息主体注销账户

    您随时可注销此前注册的账户,您可以通过以下方式自行操作:

    在注销账户之后,我们将停止为您提供产品或服务,并依据您的要求,删除您的个人信息,法律法规另有规定的除外。

    (六)个人信息主体获取个人信息副本

    您有权获取您的个人信息副本,您可以通过以下方式自行操作:

    在技术可行的前提下,例如数据接口匹配,我们还可按您的要求,直接将您的个人信息副本传输给您指定的第三方。

    (七)约束信息系统自动决策

    在某些业务功能中,我们可能仅依据信息系统、算法等在内的非人工自动决策机制做出决定。如果这些决定显著影响您的合法权益,您有权要求我们做出解释,我们也将提供适当的救济方式。

    (八)响应您的上述请求

    为保障安全,您可能需要提供书面请求,或以其他方式证明您的身份。我们可能会先要求您验证自己的身份,然后再处理您的请求。

    我们将在三十天内做出答复。如您不满意,还可以通过以下途径投诉:

    对于您合理的请求,我们原则上不收取费用,但对多次重复、超出合理限度的请求,我们将视情收取一定成本费用。对于那些无端重复、需要过多技术手段(例如,需要开发新系统或从根本上改变现行惯例)、给他人合法权益带来风险或者非常不切实际(例如,涉及备份磁带上存放的信息)的请求,我们可能会予以拒绝。

    在以下情形中,按照法律法规要求,我们将无法响应您的请求:

    1、与国家安全、国防安全有关的;

    2、与公共安全、公共卫生、重大公共利益有关的;

    3、与犯罪侦查、起诉和审判等有关的;

    4、有充分证据表明您存在主观恶意或滥用权利的;

    5、响应您的请求将导致您或其他个人、组织的合法权益受到严重损害的。

    六、我们如何处理儿童的个人信息

    我们的产品、网站和服务主要面向成人。如果没有父母或监护人的同意,儿童不得创建自己的用户账户。

    对于经父母同意而收集儿童个人信息的情况,我们只会在受到法律允许、父母或监护人明确同意或者保护儿童所必要的情况下使用或公开披露此信息。

    尽管当地法律和习俗对儿童的定义不同,但我们将不满 14 周岁的任何人均视为儿童。

    如果我们发现自己在未事先获得可证实的父母同意的情况下收集了儿童的个人信息,则会设法尽快删除相关数据。

     七、您的个人信息如何在全球范围转移

    原则上,我们在中华人民共和国境内收集和产生的个人信息,将存储在中华人民共和国境内。

    由于我们通过遍布全球的资源和服务器提供产品或服务,这意味着,在获得您的授权同意后,您的个人信息可能会被转移到您使用产品或服务所在国家/地区的境外管辖区,或者受到来自这些管辖区的访问。

    此类管辖区可能设有不同的数据保护法,甚至未设立相关法律。在此类情况下,我们会确保您的个人信息得到在中华人民共和国境内足够同等的保护。例如,我们会请求您对跨境转移个人信息的同意,或者在跨境数据转移之前实施数据去标识化等安全举措。

    八、本隐私权政策如何更新

    我们可能适时会对本隐私权政策进行调整或变更,本隐私权政策的任何更新将以标注更新时间的方式公布在我们网站上,除法律法规或监管规定另有强制性规定外,经调整或变更的内容一经通知或公布后的7日后生效。如您在隐私权政策调整或变更后继续使用我们提供的任一服务或访问我们相关网站的,我们相信这代表您已充分阅读、理解并接受修改后的隐私权政策并受其约束。

    九、如何联系我们

    如果您对本隐私政策有任何疑问、意见或建议,通过以下方式与我们联系:邮箱:【feedback@youfang.com】;

    一般情况下,我们将在三十天内回复。


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    We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

    Content and Content Rights

    For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.

    Content Ownership

    Calm Radio does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Calm Radio and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

    Rights in User Content Granted by You

    By making any User Content available through Services you hereby grant to Calm Radio a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.

    Rights in Content Granted by Calm Radio

    Subject to your compliance with these Terms, Calm Radio grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

    Rights and Terms for Apps

    Rights in App Granted by Calm Radio

    Subject to your compliance with these Terms, Calm Radio grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Calm Radio reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

    Additional Terms for App Store Apps

    If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

    If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:

    • These Terms are concluded between you and Calm Radio, and not with App Provider, and that, as between Calm and the App Provider, Calm, is solely responsible for the App.

    • App Provider has no obligation to furnish any maintenance and support services with respect to the App.

    • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Calm Radio.

    • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Calm Radio will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

    • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.

    • You must also comply with all applicable third-party terms of service when using the App.

    • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    Prohibitions

    You agree not to do any of the following:

    • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

    • Use, display, mirror or frame the Services, or any individual element within the Services, Calm’s name, any Calm trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Calm’s express written consent;

    • Access, tamper with, or use non-public areas of the Services, Calm’s computer systems, or the technical delivery systems of Calm’s providers;

    • Attempt to probe, scan, or test the vulnerability of any Calm system or network or breach any security or authentication measures;

    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Calm or any of Calm’s providers or any other third party (including another user) to protect the Services;

    • Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Calm or other generally available third party web browsers;

    • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

    • Use any meta tags or other hidden text or metadata utilizing a Calm trademark, logo URL or product name without Calm’s express written consent;

    • Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

    • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

    • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

    • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

    • Impersonate or misrepresent your affiliation with any person or entity;

    • Violate any applicable law or regulation; or

    • Encourage or enable any other individual to do any of the foregoing.

    Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

    Links to Third Party Websites or Resources

    The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

    Termination

    We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@calm.com. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

    Warranty Disclaimers

    The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

    We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

    Indemnity

    You will indemnify and hold harmless Calm and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.

    Limitation of Liability

    Neither Calm nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Calm has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

    In no event will Calm’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to Calm for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to Calm, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Calm and you.

    Dispute Resolution

    Governing Law

    These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

    Agreement to Arbitrate

    You and Calm agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Calm with written notice of your desire to do so by email at support@calm.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Calm with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Calm with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Calm with an Arbitration Opt-out Notice, you acknowledge and agree that you and Calm are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.Further, unless both you and Calm otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

    Arbitration Rules

    The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

    Arbitration Process

    A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

    Arbitration Location and Procedure

    Unless you and Calm otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Calm submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

    Arbitrator’s Decision

    The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Calm will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

    Fees

    Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Calm will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

    Changes

    Notwithstanding the provisions of the “Modification” section above, if Calm changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Calm’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Calm in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

    General Terms

    These Terms constitute the entire and exclusive understanding and agreement between Calm and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Calm and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

    You may not assign or transfer these Terms, by operation of law or otherwise, without Calm’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Calm may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

    Any notices or other communications provided by Calm under these Terms, including those regarding modifications to these Terms, will be given: (i) by Calm via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

    Calm’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Calm. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

    Contact Information

    If you have any questions about these Terms or the Services or Products, please contact Calm Radio at Calm Radio Terms


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  • 隐私政策

    Protecting your privacy is really important to us. Accordingly, we’re providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we process in the course of our business, including information we receive through our Services and other online or offline offerings. This Privacy Policy doesn’t apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized words used in this Privacy Policy have the same meanings as in our Terms of Service. This Privacy Policy is incorporated by reference into our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

    All individuals whose responsibilities include the processing of any information relating to an identified or identifiable natural person (“Personal Information”) on behalf of Calm are expected to protect that data by adherence to this Privacy Policy. This Privacy Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions.

    Revisions to this Privacy Policy

    Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Services or by sending you an email or other notification as required by applicable law, and we’ll update the “Last Updated Date” above to indicate when those changes will become effective. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, Calm will endeavor to comply with the law or contract.

    Transparency / Notice — Types of Personal Information We Collect and How We Use It

    The types of Personal Information we may collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with Calm and the requirements of applicable law. Some of the ways that we may collect Personal Information include:

    • You may provide Personal Information directly to us through interacting with the Services, participating in surveys, during events such as sweepstakes, and requesting Services, or information.

    • As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.

    We endeavor to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.

    Collection and Use of Information

    Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services.

    Types of Personal Information We Collect

    Calm collects Personal Information regarding its current, prospective, and former clients, customers, users, visitors, guests, and employees (collectively “Individuals”).

    Information You Provide Directly to Us

    When you use the Services or engage in certain activities, such as registering for an Account, responding to surveys, requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:

    Communications with Us

    • We may collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our Services, register for Calm’s newsletter or a program that we may offer from time to time, request to receive customer or technical support, or otherwise communicate with us.

    Surveys

    • From time to time, we may contact you to participate in online surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, Sites and/ or Services and in any manner consistent with the policies provided herein.

    Posting on the Site

    • Calm may offer publicly accessible fun pages, blogs, private messages, or community forums. You should be aware that, when you disclose information about yourself in on Calm’s fun pages, blogs, private messages, and community forums, the Site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Site, such content will be considered “public” and will not be subject to the privacy protections set forth herein.

    Registration for Sweepstakes or Contests

    • Occasionally, we may run sweepstakes and contests. We ask those who enter in the sweepstakes or contests to provide contact information (e.g., an e-mail address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and for other promotional, marketing and business purposes. All sweepstakes/contests entry forms will provide a way for participants to opt-out of any communications that are not related to awarding prizes.

    Automatic Data Collection

    • We may collect certain information automatically through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, Game Center ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geolocation information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.

    Information Submitted Via Services

    You agree that Calm is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.

    Information from Other Sources

    We may receive information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you create an Account using your login credentials from one of your SNS Accounts, we’ll be able to access and collect your name and other Personal Information that your privacy settings on the SNS Account permit us to access. If you create an Account through the Services or one of your SNS Accounts, we may also collect your gender, date of birth and other information that is not considered Personal Information because it cannot be used by itself to identify you. This supplemental information allows us to verify information that you have provided to Calm and to enhance our ability to provide you with information about our business, products, and Services.

    Information Collected Using Cookies and other Web Technologies

    Like many website owners and operators, we, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging, and tools, and to recognize you across devices. We use automated data collection tools such as Cookies and Web Beacons to collect certain information.

    Cookies

    • “Cookies” are small text files that are placed on your device by a web server when you access our Services. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent cookies, session cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own cookies on your device. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties.

    Pixels

    • “Pixels”/“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

    Widgets

    • “Social Media Widgets” such as the Facebook “Like” button and LinkedIn (that might include widgets such as the share this button or other interactive miniprograms) may be on our Site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

    Analytics

    • We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit http://www.google.com/policies/ privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to tools.google.com/dlpage/gaoptout.

    Our uses of such Technologies fall into the following general categories:

    Operationally Necessary

    • We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our sites, services, applications, and tools. This includes technologies that allow you access to our sites, services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions

    Performance Related

    • We may use cookies, web beacons, or other similar technologies to assess the performance of our websites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use our websites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools

    Functionality Related

    • We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our sites, services, applications, or tools. This may include identifying you when you sign into our sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites;

    Advertising or Targeting Related

    • We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

    Location Information

    In some cases we may collect and store information about where you are located, such as by converting your IP address into a rough geolocation or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device.

    Social Media Platforms

    Calm’s Services may include publicly accessible blogs, community forums, or private messaging features. The Site and our other Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Site or other Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

    Third-Party Payment Processing

    We may sell subscriptions or merchandise through our Services. When you make purchases through the Services, we process your payments through a third party application, including the Apple App Store, Google Play App Store, Amazon App Store (together with any similar applications, “App Stores”), Social Networking Sites (“SNS”) such as Facebook, and other third-party payment processers, including Stripe. The third party application may collect certain financial information from you to process a payment on behalf of Calm, including your name, email address, address and other billing information.

    Human Resources Data

    Calm collects Personal Information from current, prospective, and former employees, their contact points in case of a medical emergency, and beneficiaries under any insurance policy (“Human Resources Data”). The Human Resources Data we collect may include title, name, address, phone number, email address, date of birth, passport number, driver’s license number, Social Security number or other government-issued identification number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, contact information of third parties in case of an emergency and beneficiaries under any insurance policy. We may also collect Sensitive Human Resources Data such as details of health and disability, including mental health, medical leave, and maternity leave; information about national origin or immigration status; and optional demographic information such as race, which helps us achieve our diversity goals.

    We acquire, hold, use and Process Human Resources Data for a variety of business purposes including:

    • Workflow management, including assigning, managing and administering projects

    • Human Resources administration and communication

    • Payroll and the provision of benefits

    • Compensation, including bonuses and long-term incentive administration, stock plan administration, compensation analysis, including monitoring overtime and compliance with labor laws, and company recognition programs

    • Job grading activities

    • Performance and employee development management

    • Organizational development and succession planning

    • Benefits and personnel administration

    • Absence management

    • Helpdesk and IT support services

    • Regulatory compliance

    • Internal and/or external or governmental compliance investigations

    • Internal or external audits

    • Litigation evaluation, prosecution, and defense

    • Diversity and inclusion initiatives

    • Restructuring and relocation

    • Emergency contacts and services

    • Employee safety

    • Compliance with statutory requirements

    • Processing of Employee expenses and travel charges, and

    • Acquisitions, divestitures, and integrations.

    How We Use Your Information

    We acquire, hold, use, and process Personal Information about Individuals for a variety of business purposes, including:

    To Provide Products, Services, or Information Requested

    We may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including to:

    • Generally manage Individual information and Accounts

    • Respond to questions, comments, and other requests

    • Provide access to certain areas, functionalities, and features of Calm’s Services

    • Contact you to answer requests for customer support or technical support

    • Allow you to register for events

    Administrative Purposes

    We may use Personal Information about you for administrative purposes, including to:

    • Measure interest in Calm’s Services

    • Develop new products and Services

    • Ensure internal quality control

    • Verify Individual identity

    • Communicate about Individual Accounts and activities on our Services and systems, and, in Calm’s discretion, changes to any Calm policy

    • Send email to the email address you provide to us to verify your Account and for informational and operational purposes, such as Account management, customer service, or system maintenance

    • Process payment for products or services purchased

    • Process applications and transactions

    • Prevent potentially prohibited or illegal activities

    • Enforce our Terms

    Marketing Calm Products and Services

    We may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. We may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:

    • To tailor content, advertisements, and offers

    • To notify you about offers, products, and services that may be of interest to you

    • To provide Services to you and our sponsors

    • For other purposes disclosed at the time that Individuals provide Personal Information, or

    • Otherwise with your consent

    You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in this Privacy Policy.

    Research and Development

    We may use Personal Information to create nonidentifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. From time to time, Calm may perform research (online and offline) via surveys. We may engage third party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.

    Direct Mail, Email and Outbound Telemarketing

    Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may receive periodic emails, newsletters, mailings, or phone calls from us with information on our or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in this Privacy Policy.

    Services via Mobile Devices

    From time to time, Calm may provide Services that are specifically designed to be compatible and used on mobile devices. We will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings, location information, mobile carrier, and the operating system of your device. Mobile versions of our Services may require that users log in with an Account. In such cases, information about use of mobile versions of the Services may be associated with Accounts. In addition, Calm may enable Individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to Calm to enable Individuals to access Accounts and to enable us to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. We may use personal or non-identifiable information transmitted to Calm to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy or in other notices Calm provides.

    Anonymous and Aggregated Information Use

    We may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Calm’s Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and we may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Calm and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

    Sharing Content with Friends or Colleagues

    Calm’s Services may offer various tools and functionalities. For example, Calm allows you to provide information about your friends through our referral services, such as “Tell a Friend.” Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by us or any other third parties for any other purpose.

    Other Uses

    We may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

    Information That We Share With Third Parties

    We will not share any Personal Information that we have collected from or regarding you except as described below

    Information Shared with Our Services Providers

    We may engage third party service providers to work with us to administer and provide the Services. These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Site. Calm has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.

    We may also share your Personal Information with our marketing service providers to help us better market our products and services to you. Our marketing service providers may use your Personal Information only for the purpose of helping us better market our products and services to you and are prohibited from transferring your Personal Information to others. If you don’t want Calm to use your information for these purposes, you can opt out.

    Information Shared with Business Partners

    We may share Personal Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. We may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Calm. We require our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Calm provided them.

    Information Shared with Other Systems, Such As HealthKit or Google Fit

    You may instruct us to share certain of your information with systems such as Apple’s HealthKit or Google Fit, and to access information from those systems which we will use to improve the services we provide to you. Before you tell us to share your information with another system, however, you should review the applicable privacy policy of that system, since any information you have instructed us to share will become subject to those policies (Apple’s policy can be found here and Google’s Privacy Policy can be found here). In addition, in the event that you use one of those services, you should be careful about allowing other applications, services or people to access your information through that service. While much information collected by those services is innocuous, people who see Calm data may be able to determine a variety of personal information.

    • Calm does not use or disclose to third parties user data or other information gained through the use of the HealthKit framework or Google Fit for advertising, other use- based data mining purposes or similar services, other than for purposes of improving health or for purposes of health or medical research.

    • In the case of information gained through HealthKit or Google Fit such sharing will only be for purposes of enabling the third party to provide health and/or fitness services or for medical research.

    • We do not sell any of your information, including information gained through HealthKit or Google Fit, to advertising platforms, data brokers or information resellers.

    • We do not use any of the information obtained through HealthKit or Google Fit for any purpose other than providing health and/or fitness services in connection with the Services.

    Information Shared with Other Third Parties

    We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.

    Information Disclosed in Connection with Business Transactions

    Information that we collect from our users, including Personal Information, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, some or all of our assets, including your Personal Information, may be disclosed or transferred to a third-party acquirer in connection with the transaction.

    Information Disclosed for Our Protection and the Protection of Others

    We cooperate with government and law enforcement officials and/or private parties to enforce and comply with the law. We may access, preserve, and disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims or legal process and comply with law enforcement or national security requests (including subpoenas, warrants or court orders); (ii) to protect your, our, or other’s property, rights and safety and the rights, property and safety of a third party or the public in general; (iii) to prevent or stop any activity we consider illegal, unethical or legally actionable activity; (iv) to respond to your requests; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

    In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.

    Your Choices & Opt-Out

    You have the right to opt out of certain uses and disclosures of your Personal Information. Where you have consented to Calm’s processing of your Personal Information, you may withdraw that consent at any time and opt-out to further processing. Even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Sites and/ or information from the advertisements on third party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.

    We may periodically send you free newsletters and e-mails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” (either through your Account or by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service or this Privacy Policy or information about billing.

    We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

    Mobile Devices

    We may occasionally send you push notifications through our mobile applications with updates and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.

    Human Resources Data

    With regard to Personal Information that Calm receives in connection with the employment relationship, we will use such Personal Information only for employmentrelated purposes as more fully described above. If Calm intends to use this Personal Information for any other purpose, we will notify the Individual and provide an opportunity to opt-out of such uses.

    Modifying Your Information

    You can access and modify the Personal Information associated with your Account through your Account settings. If you want us to delete your Personal Information and your Account, please contact us with your request. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.

    Responding to Do Not Track Signals

    Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Our Services do not have the capability to respond to “Do Not Track” signals received from various web browsers.

    Cookies and Interest-Based Advertising

    As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

    To be clear, whether you are using our opt-out or an online industry opt-out, these cookiebased opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

    Rights of Access, Rectification, Erasure, and Restriction

    You may inquire as to whether Calm is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by us. Please include your full name, email address associated with your Account, and a detailed description of your data request. Such requests will be processed in line with local laws.

    Although Calm makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

    Data Retention

    Calm retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

    The Security of Your Information

    We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your Personal Information) from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. We do not accept liability for unintentional disclosure.

    By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.

    Links to Other Sites

    Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to that owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.

    International Transfer

    Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your Personal Information to us, we may transfer your Personal Information to the United States and process it there. By choosing to visit the Site, utilize the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the United States and the State of California, and the adjudication of any disputes arising in connection with Calm or the Site will be in accordance with the Terms.

    Our Policy Toward Children

    Our Services are not directed to children under 13 and we do not knowingly collect Personal Information from children under 13. If we learn that we have collected Personal Information of a child under 13 we will take steps to delete such information from our files as soon as possible. If you are under the age of 18, you must have your parent’s permission to access the Services.

    California Privacy Rights

    California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Calm does not share Personal Information with third parties for their own marketing purposes.

    Questions?

    Please contact us if you have any questions about our practices or this Privacy Policy.


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