Effective Date: April 2, 2019
Last Updated Date: April 2, 2019
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THESE TERMS OF USE APPLY TO OUR WEBSITE FOUND AT WWW.WITHYOURSQUAD.COM (THE “WEBSITE”), our mobile application (“Application”), MEMBERSHIP WITH SQUAD (“MEMberSHIP”), events MADE AVAILABLE TO MEMBERS (“Events”), AS WELL AS all related websites, applications, networks and other services provided by envested, INC. (“squad”, “WE”, OR “US”), ITS AFFILIATES OR AGENTS and on which a link to this Terms of Use is displayed (COLLECTIVELY, THE “SERVICES”). bY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, USING THE SERVICES, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH squad, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.
IF YOU BECOME A MEMBER, YOUR MEMBERSHIP WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SQUAD’S THEN-CURRENT MEMBERSHIP FEE UNLESS YOU DECLINE TO RENEW YOUR MEMBERSHIP IN ACCORDANCE WITH SECTION 8.2 BELOW.
IF YOU ATTEND AN EVENT, We may capture photo, video and/or audiovisual footage of you in accordance with the media release set forth IN SECTION 3.2 BELOW.
PLEASE BE AWARE THAT SECTION 15 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental features or Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY SQUAD ON A GOING FORWARD BASIS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Squad will make a new copy of the Terms of Use available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined in Section 1.1 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective 30 days after posting notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of 30 days after posting notice of such changes on the Website or 30 days after dispatch of an e-mail notice of such changes to Registered Users (as defined in Section 1.3 below). Squad may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Version 1.0 - Last Revised: April 3, 2019
Envested, Inc. dba Squad (“Company”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at https://www.withyoursquad.com/ (the “Site”), our mobile application (“Application”), as well as all related websites, applications, networks and other services provided by us an on which a link to this Privacy Policy is displayed (collectively, together with the Site and Application, our “Services”). This Privacy Policy is incorporated into and is subject to the Squad Terms of Use found at withyoursquad.com/terms.
Envested, Inc.
Attn: Elkema Percival
55 Broadway, Suite 406, New York, NY 10006
privacy@withyoursquad.com
a. Information You Provide to Us.
b. Information You Provide to Social Networking Sites. In order to use the Services, you must connect with Twitter and/or Instagram (each a “SNS”). When you connect to a SNS through our Services, you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. We use that information to learn about your interests in order to better provide the Services, and we will access, use and store that information in accordance with this Privacy Policy. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS. Any information that we collect from your connected SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.
c. Information Collected at Events. We may capture photo, video and/or audiovisual footage of you when you attend Company events in accordance with the media release set forth in our Terms of Use at withyoursquad.com/terms.
d. Information Collected via Technology.
e. Automatic Decision-Making and Profiling. We may use automated decision-making and/or profiling in regard to your Personal Data for some Services, such as prioritizing relevant events for you.
f. Information Collected from You About Others. If you decide to invite a third party to apply for a membership, we will collect your and the third party’s names and email addresses in order to send an email and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and email addresses as required above. You or the third party may contact us at privacy@withyoursquad.com to request the removal of this information from our database. As part of your use of the Services, we may provide you the opportunity to connect automatically with your friends. We may employ various techniques in order to facilitate friends finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including friends on your connected SNS and contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Services. With your permission, we will access your address book, call log and SMS log, and import your contacts’ names, email addresses, phone numbers, image, and geographic location to facilitate automatic connection with your friends. We do this only for contact matching to help your friends and you find each other. Also, when you invite friends, we will access your address book and we will import your contacts names and phone numbers in order to facilitate the invitation. The email that is sent to your friends will come from your email address so that your friends know that you want to invite them to visit the Site. We do not store any passwords you provide as part of the contact import process and use of the Services.
g. Information Collected from Others. We may also get information about you from other sources, for example, if you have agreed to share information with one of our partners or you were referred by an existing member. These third party companies may supply us with Personal Data. We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide.
We may collect information using Cookies. Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Services.
We use two broad categories of Cookies: (1) first party Cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Services; and (2) third party Cookies, which are served by service providers on our Services, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.
Our Services use the following types of Cookies for the purposes set out below:
Essential Cookies: These Cookies are essential to provide you with services available through our Services and to enable you to use some of its features. For example, they allow you to log in to the Services and help the content of the pages you request load quickly. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services. We do not use essential Cookies to collect information about you for marketing purposes or to track your Internet activity on other websites.
Functionality Cookies: These Cookies allow our Services to remember choices you make when you use our Services, such as remembering your login details and remembering the changes you make to other parts of our Services which you can customize. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services, We do not use functionality Cookies to target you with advertisements on other websites. You can block these Cookies using your browser settings, but this may mean that we cannot offer you certain services and may prevent us from remembering that you have chosen not to receive a certain service.
Analytics and Performance Cookies: These Cookies are used to collect information about traffic our Services and how users use our Services. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information, to monitor the level of activity on our Services, and to inform marketing campaigns.
We use Google Analytics and other third party analytics services for this purpose. Google Analytics uses its own Cookies. It is only used to improve how our Services work. You can find out more information about Google Analytics Cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies. You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html.
You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB.
Social Media Cookies: These Cookies are used when you share information using a social media sharing button on our Services or you link your Account or engage with our content on or through a SNS such as Twitter or Instagram. The social network will record that you have done this.
Flash Cookies: When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data collected and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
Pixel Tags: Pages of our Services and our emails may contain pixel tags (also referred to as web beacons, web bugs, tracking pixels, java tags and clear gifs) that allow us and our service providers to track online movements of Web users, send email messages in a format users can read, and tell us whether emails have been opened to ensure that we are sending only messages that interest our users. They can also be used to collect statistics on our Services and emails (e.g. number of users who have visited a page or opened an email).
a. General Use. In general, Personal Data you submit to us is used either to respond to requests that you make or to aid us in serving you better. We use your Personal Data in various ways, including as follows:
b. Messages. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for to send you text reminders and notes about events. Company will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing privacy@withyoursquad.com.
c. User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. In addition, we may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with our Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
d. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data for various purpose, including to analyze request and usage patterns so that we may enhance the content of our Services and improve navigation on our Services. We reserve the right to use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.
a. Third Party Service Providers. We may share your Personal Data with third party service providers: to process payments; to host data; to provide messaging services; and/or to provide other services to the Company.
b. Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.
c. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
d. Social Networking Sites. The Services may enable you to post content to SNSs (e.g., Instagram or Twitter). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We are not responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services made available through such SNSs; or (iii) your use of any such SNSs.
e. Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use agreement.
f. Member Profile. Certain portions of the information you provide to us may also be displayed in your Profile. Photos, posts, friends, and other content that you post on the Services will be viewable to other members. Once you have posted content to your Profile, while you will still be able to edit and delete it on the Services, you will not be able to edit or delete such information to the extent it has been cached, collected, and stored elsewhere by others.
a. Email Communications. We will periodically send you free newsletters and emails that directly promote the use of our Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly (please see contact information above). Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our Terms of Use agreement or Privacy Policy.
b. Cookies. If you decide at any time that you no longer wish to accept Cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided in Section 1 above.
c. SNS. You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your SNS account or mobile device.
d. Changing or Deleting Your Personal Data; Data Retention. You may change your Personal Data in your Account by editing your profile within your Account. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When you close your Account, your Personal Data may remain in our archives. We may also retain your information for fraud or similar purposes.
e. Application. You can stop all collection of information by the Application by uninstalling the Application, though you will no longer be able to access the Services. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.