1. Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
- You – The individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Company – Refers to Orchid Advisors; also referred to as either “the Company”, “we”, “us” or “our” in this Agreement.
- Affiliate – An entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Website – Refers to the Orchid Advisors website, accessible from www.orchidadvisors.com.
- Service – Refers to the Website.
- Country – Refers to the United States (U.S.)
- Service Provider – Any natural or legal person who processes the data on behalf of the Company. Also refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Personal Data – Any information relating to an identified or identifiable individual. For the purposes of the CCPA, personal data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.
- Cookies – Small files placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
- Usage Data – Refers to data collected automatically, generated either using the Service or from the Service infrastructure itself (e.g., the duration of a page visit).
- Do Not Track (DNT) – A concept promoted by U.S. regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
- Business – Per the CCPA, refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
- Consumer – Per the CCPA, a natural person who is a California resident. A resident, as defined in the law, includes (i) every individual who is in the U.S. for other than a temporary or transitory purpose, and (ii) every individual who is domiciled in the U.S. who is outside the U.S. for a temporary or transitory purpose.
- Sale – Per the CCPA, refers to selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration.
2. Collecting and Using Your Personal Data
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information to contact or identify you. Personally identifiable information may include, but is not limited to, your:
- Full name (first and last)
- Email address
- Phone number
- Mailing address (Street, City, State/Province, Country, ZIP/Postal code)
- Usage Data
Usage data is collected automatically when using the Service and may include information such as your:
- Device’s Internet Protocol (IP) address
- Browser type and version
- Pages of our Service you visit
- Time and date of your visit
- Time spent on pages you visit
- Unique device identifiers
- Other diagnostic data
When you access the Service using a mobile device, we may automatically collect certain information, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers and other diagnostic data.
We may also collect information your browser sends whenever you visit our Service or when you access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Service.
Use of Your Personal Data
The Company may use personal data for the following purposes:
- To provide and maintain our Service. Including monitoring the usage of our Service.
- To manage your account. As a user of the Service, the personal data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
- For the performance of a contract. Including the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Service.
- To contact you. To contact you by email, phone, SMS or other equivalent forms of electronic communication, such as a mobile push notifications, regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide you with news, special offers and general information. Regarding other goods, services and events which we offer similar to those you have already purchased or enquired about unless you have opted not to receive such information.
- To manage your requests. To attend and manage your requests to us.
We may share your personal data in the following situations:
- With service providers. To monitor and analyze the use of our Service, to show advertisements to you to help support and maintain our Service, to contact you, and to advertise on third party websites to you after you visited our Service or for payment processing.
- For business transfers. In connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With business partners. To offer you certain products, services or promotions.
- With other users. When you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a third party social media service, your contacts on the third party social media service may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.
Retention of Your Personal Data
The Company will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including personal data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located, meaning your information may be transferred to and maintained on computers located outside of your state/province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
Other Legal Requirements
The Company may disclose your personal data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of your personal data is important to us; however, no method of transmission over the internet, or method of electronic storage is wholly secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
Processing Your Personal Data
Service providers have access to your personal data only to perform their tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third party service providers to monitor and analyze the use of our Service.
We may use service providers to show advertisements to you to help support and maintain our Service.
We may use your personal data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, or by contacting us.
We may use email marketing service providers to manage and send emails to you.
Usage, Performance and Miscellaneous
We may use third party service providers to provide better improvement of our Service.
3. California Consumer Privacy Act (CCPA) Privacy
Your Rights Under the CCPA
- The right to notice. You must be properly notified which categories of personal data are being collected and the purposes for which the personal data is being used.
- The right to access/the right to request. The CCPA permits you to request and obtain from the Company information regarding the disclosure of your personal data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party’s direct marketing purposes.
- The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell your personal data to third parties. You can submit such a request by visiting our “Do Not Sell My Personal Information” section or web page.
- The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:
- The categories of personal data collected
- The sources from which the personal data was collected
- The business or commercial purpose for collecting or selling the personal data
- Categories of third parties with whom we share personal data
- The specific pieces of personal data we collected about you
- The right to delete Personal Data. You also have the right to request the deletion of your personal data that have been collected in the past 12 months.
- The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer’s rights, including by:
- Denying goods or services to you
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services to you
- Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights
To exercise any of your rights under the CCPA, You can contact us by email or phone; email@example.com or (800) 402-0943. The Company will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Do Not Sell My Personal Information
We do not sell personal information. However, the service providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by CCPA law. If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below. Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use.
You can opt out of receiving personalized ads as served by our service providers by following our instructions presented on the Service:
- From our “Cookie Consent” notice banner
- Or from our “CCPA Opt-out” notice banner
- Or from our “Do Not Sell My Personal Information” notice banner
- Or from our “Do Not Sell My Personal Information” link
The opt out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Your mobile device may give you the ability to opt out of the use of information about the apps you use to serve you ads better targeted to your interests:
- “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
- “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
“Do Not Track” Policy
As required by the California Online Privacy Protection Act (CalOPPA), our Service does not respond to Do Not Track (DNT) signals. However, some third party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
4. Other Websites