Terms of service

AZARUS, INC.
TERMS OF SERVICE
Effective date: March 09, 2020

 

Welcome to Azarus! Please read on to learn the rules and restrictions that govern your use of our website located at azarus.io and any related subdomains (the “Site”), Azarus’ competitive gaming services and any other websites, products, services, extensions and applications provided, owned or operated by Azarus (collectively with the Site, the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@azarus.io.

 

These Terms of Service (the “Terms”) are a binding contract between you and Azarus, Inc. (“Azarus”, “Company,” “our”, “we” and “us”). You must agree to and accept all of
the Terms, or you don’t have the right to use the Services. These Terms apply whether you are a user that registers an Account (as defined below) in connection with the Services
or are an unregistered user. You agree that, by using the Services in any way, you agree to all of these Terms, and these Terms will remain
in effect while you use the Services. These Terms include the provisions in this document, as well as those in our Privacy Policy https://azarus.io/tos.

 

IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

 

Will these Terms ever change?

 

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site or otherwise through the Services, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

 

What about my privacy?

 

We take the privacy of our users very seriously. For Azarus’ current Privacy Policy, please click here: https://azarus.io/tos .

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@azarus.io.

 

What are the basics of using Azarus?

 

Our Services offer a competitive gaming platform that connects to existing broadcasting platforms such as Twitch.tv and enables users to participate in predominately skill-based challenges (“Competitions”) based on the results of a game. Users can participate in Competitions in several ways, including, but not limited to: (i) accessing a software overlay that sits on top of and interacts with existing streaming platforms (an “Extension”), (ii) accessing a graphical user interface that may be provided by the Company on a computer, game console, or through a mobile application and (iii) directly through broadcast platforms or services that may facilitate Competitions directly between users of an applicable platform or service.

 

Content for Competitions may be automatically generated by users who are active streamers that allow proprietary software included with our Services to monitor and respond to their performance during the course of a game, or custom Competitions may be generated by users in their individual capacity based on the results of a game, subject to certain restrictions described in our Services from time-to-time. When a user creates content for Competitions in any manner, they may also be referred to as Creators. Certain Competitions may also allow users to earn Virtual Goods (as defined below) made available by Creators or other third-parties sponsoring Creators that may be used in connection with the Services.

 

In order to access and use some parts of our Services, you may be required to sign up for an account, which may include selecting a password and username or creating login credentials using other authentication tools, such as third-party oauth tools provided by third-party platforms (an “Account”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Account’s username a name that is already in use, a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You are also prohibited from selecting a username that incorporates or uses vulgar, hateful, or offensive language or imagery, or which infringes on the rights of any third party, including but not limited to the copyrights, trademark rights or rights of publicity or personality of any person or entity. If we determine that a username violates any provision of these Terms, we may, in our sole discretion, refuse to grant you the username, change the username, and/or suspend or terminate your Account or access to the Services. You may not transfer your account to anyone else without our prior written permission.

 

You may also access our Services through the use of an Extension that is associated with a registered account you maintain with a third-party entity, or by accessing our Services through another account you maintain with another third-party entity, such as one of our gaming publisher partners. In the event you access our Services through an Extension or third-party entity, the terms and conditions and privacy policy of the platform enabling the Extension or such other third party, as the case may be, will apply in addition to these Terms.

 

The Services are not intended for use by children under the age of 13. You represent and warrant that you are at least 18 years of age (or the legal age to form a binding contract in your jurisdiction), or if not, that you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

 

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

 

You will not share your Account or password with anyone, if applicable, and you must protect the security of your Account and your password. You’re responsible for any activity associated with your Account.

 

Your use of the Services is subject to the following additional restrictions:

 

 

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

 

1. Uses the Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms;
2. Infringes, violates or breaches the intellectual property rights or any other rights of anyone else (including Azarus);
3. Violates or circumvents any law or regulation, including, without limitation, any applicable export control laws, gambling laws, or anti-money laundering laws;
4. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
5. Jeopardizes the security of your Account or anyone else’s (such as allowing someone else to log in to the Services as you);
6. Attempts, in any manner, to obtain the password, account, or other security information from any other user or any other data not intended for you;
7. Violates the security of any computer network, or cracks any passwords or security encryption codes;
8. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
9. Sends unsolicited emails or messages, including promotions and/or advertising of products or service;
10. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
11. Copies or stores any significant portion of the Content except as permitted in these Terms;
12. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services or otherwise create derivative works with respect to the Services;
13. Collects or harvests any personally identifiable information, including account names, from the Services, or soliciting, for commercial purposes, any users of the Services with respect to their User Submissions;
14. Involves the sale, distribution, or other disposition of Virtual Goods except as permitted in connection with the use of the Services described in these Terms; or
15. Involves the sale, distribution or other disposition of your Account or the use of the Services to sell, distribute, or otherwise dispose of an account or third-party credentials of a third-party service in a manner prohibited by such third-party services’ terms of use or these Terms.

 

A violation of any of the foregoing is grounds for termination of your right to use or access the Services and may result in civil or criminal liability.

 

 

What are my rights in the Services?

 

 

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Azarus’) rights.

 

You understand that Azarus owns the Services and that all Content that is made available through the Services, other than User Submissions and Content owned by third parties, is owned solely by Azarus (“Azarus Content”). You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

 

The Services may allow you to copy or download certain Content; please note that the existence of this functionality does not render the above restrictions inapplicable.

 

When using the Services, you may gain access to or be able to purchase or earn virtual items (including, by way of example only, points, coins, or digital credits) (“Virtual Goods”). You acknowledge and agree that you have no personal property right or other proprietary interest in any Virtual Goods you access, earn, purchase or otherwise acquire in connection with your use of the Services, regardless of any consideration offered or paid in exchange for such Virtual Goods. You further acknowledge and agree that Virtual Goods have no inherent monetary value, they cannot be redeemed for cash, and you cannot obtain any cash refunds for purchasing, earning, or using Virtual Goods, except as expressly permitted by us. Virtual Goods are intended for purchasing Content and Services offered through a store or marketplace operated by us or an approved third party only. You are not permitted to transfer Virtual Goods you access, purchase or otherwise acquire in connection with your use of the Services, for example by gifting or trading them, except as expressly permitted by us. Further, you are not permitted to sublicense, trade, sell or attempt to sell Virtual Goods in exchange for money or any other thing of value except as expressly permitted by us. Any such transfers or attempted transfers are prohibited and void and, in the event that we determine that you have transferred or attempted to transfer Virtual Goods in a manner prohibited by these Terms, may result in us terminating your access to the Services. In the event that we terminate your access to the Services or your Account, you agree that, except as required by applicable law, you forfeit your right to use or transact in any remaining Virtual Goods associated with your Account at the time of such termination.

 

In the event you obtain or interact with Virtual Goods on our Services, we may make available an account balance associated with your Account or another identifier in the event you are an unregistered user (the “Wallet”). The Wallet is neither a bank account nor any kind of payment instrument. You may place or accrue Virtual Goods in your Wallet up to a maximum amount determined by us through earning Virtual Goods by interacting with the Services, or by credit card, prepaid card, promotional code, or any other payment method that we may determine in our sole discretion. To the extent that Virtual Goods in your Wallet are ascribed any monetary value, within any twenty-four (24) hour period, the total amount stored in your Wallet plus the total amount spent out of your Wallet, in the aggregate, may not exceed US$2,000 or its equivalent in your applicable local currency, and attempted deposits into your Wallet that exceed this threshold (whether through earning Virtual Goods by using the Services or by purchase) may not be credited to your Wallet until your activity falls below this threshold. We may change or impose different Wallet balance and usage limits from time to time.

 

You will be notified by e-mail of any change to the Wallet balance and usage limits within thirty (30) days before the entry into force of the change. Your continued use of the Services and your Wallet more than thirty (30) days after the entry into force of the changes will constitute your acceptance of the changes. If you don’t agree to the changes, your only remedy is to cease using our Services (and terminate your Account, in the event you have an Account) or to cease use of your Wallet. We shall not have any obligation to refund any Virtual Goods remaining on your Wallet in this case, except in the event that applicable law requires otherwise. If you are an EU resident, you may have additional refund rights described more fully below.

 

We shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking or any other damage or loss of any kind caused to the Virtual Goods you access, earn, purchase or otherwise acquire in connection with your use of the Services, including but not limited to the deletion of such Virtual Goods upon the termination or expiration of your Account.

 

Do I have to grant any licenses to Azarus or to other users?

 

 

Anything you post, upload, share, store, or otherwise provide through the Services, including Content such as unique challenge information or content associated with a Competition, is your “User Submission.” Some User Submissions may be viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy https://azarus.io/tos to the extent they relate to User Submissions that are also your personally identifiable information.

 

For all User Submissions, you hereby grant Company a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

 

If you store a User Submission in your own personal Account or otherwise on the Services, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Azarus the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

 

If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Azarus the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. Please note that if you access the Services through an Extension, the platform connected to the Extension (e.g. Twitch) is considered a specified user, and your User Submissions may be shared with such specified user automatically.

 

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Azarus the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all of our users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with our business for any purpose, in any and all media, formats and forms, known now or hereafter devised. Azarus shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the Public User Submission as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the Public User Submission or the elements thereof in conjunction with or into any other material. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You acknowledge and agree that you shall not be entitled to any compensation for any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, and we may freely use such submissions in any manner we deem appropriate without compensation to you.

 

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Account (if applicable), we will stop displaying your User Submissions (other than Limited Audience User Submissions and Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from our records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

 

Finally, you understand and agree that Azarus, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

 

 

What if I see something on the Services that infringes my copyright?

 

 

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Azarus, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

 

If you believe that any material appears on the Site or the Services in a way that infringes the copyright in a work you own, please send a notification containing the following information to our contact information below:

 

– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
– a description of the work in which you hold a copyright interest which you believe is being infringed;
– a description of the location on the Site or Services where the allegedly infringing material is located to enable us to locate the material (preferably including a URL);
– your address, telephone number, and email address;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
– a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

If you believe that any material identified in a copyright infringement notification is not infringing, or that you have the authorization from the copyright owner, from the copyright owner’s agent, or pursuant to the law, to post and use the material complained of, you may send a counter-notification containing the following information to our contact information below:

 

– your physical or electronic signature;
– identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
– a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
– your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the Northern District of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If we receive a counter-notification, we may send a copy of the counter-notification to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the person who provided the allegedly infringing material, the removed material may be replaced, or access to it restored, 14 business days or more after receipt of the counter-notification, at our sole discretion.

Copyright complaints can be submitted at the following contact information:

Azarus, Inc.

Attn: DMCA Representative

421 27th Street 94131 San Francisco, CA

Email: support@azarus.io

To learn more about the DMCA, click here.

 

 

Who is responsible for what I see and do on the Services?

 

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

 

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

 

The Services may contain links or connections to third party websites or services that are not owned or controlled by us. When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

 

Azarus has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

 

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Azarus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

 

If there is a dispute between participants on this site, or between users and any third party, you agree that Azarus is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Azarus, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

Will Azarus ever change the Services?

 

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

 

Do the Services cost anything?

 

The Services may be free, or we may charge a fee for using some or all of the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

 

1. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). In the event that we launch Paid Services, we will provide you with a link to a web page describing the Paid Services and including any additional details regarding payment terms for such Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

 

Billing. We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to you on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

 

Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. IN THE EVENT WE ALLOW YOU TO MAKE RECURRING PAYMENTS, WE WILL PROVIDE YOU WITH A WEB PAGE WHERE YOU CAN TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.

 

Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE THROUGH YOUR PROFILE SETTINGS ON THE SITE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

 

Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

 

Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your profile settings on the Site, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to your profile settings on the Site. If you terminate a Paid Service, you may use your subscription until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICE THROUGH YOUR PROFILE SETTINGS ON THE SITE OR TERMINATE YOUR ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, AZARUS WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

 

Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@azarus.io.

 

If you are a user in the European Union (“EU”), you should know that EU law provides a statutory right to withdraw from certain contracts for physical merchandise and for the purchase of digital content (which may include Virtual Goods). You can find more information about the extent of your statutory right to withdraw and the ways you can exercise it here.

 

Privacy Policy

 

AZARUS, INC.
PRIVACY POLICY
Effective date: March 09, 2020

We at Azarus know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy.

 

By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

 

Remember that your use of our Services is at all times subject to our Terms of Service located here https://azarus.io/tos , which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining have the definitions given to them in our Terms of Service.

 

What does this Privacy Policy cover?

 

This Privacy Policy covers our treatment of information that we gather from you when you are accessing or using our Services, including personally identifiable information (“Personal Information”), but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of information from our users, including Personal Information, as explained in more detail below, and we use this information internally in connection with our Services, including to personalize, provide, and improve our services, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some information, including Personal Information with third parties, but only as described below.

 

If you are under the age of majority in your jurisdiction of residence, you may use the Services only with the consent of or under the supervision of your parent or legal guardian. Consistent with the requirements of the Children’s Online Privacy Protection Act (COPPA), if we learn that we have received any information directly from a child under age 13 without first receiving such child’s parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that such child cannot use our Services and subsequently we will delete that information.

 

 

Will Azarus ever change this Privacy Policy?

 

 

We’re constantly trying to improve our Services and how we approach privacy matters, so we may need to change this Privacy Policy from time to time, but we will alert you to changes by sending you an email, requiring you to log in to our Services again and accept the new Privacy Policy, and/or by some other means. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

 

 

What Information does Azarus Collect?

 

 

Information You Provide to Us: We receive and store any information you knowingly provide to us. For example, this includes Personal Information you provide when you sign up for an Account such as your name, email address, phone number, birthdate, username, or password. It also includes other information you elect to provide to us through the Services, such as feedback and correspondence provided in your responses to surveys, when you participate in market research activities, report a problem with Services, receive customer support or otherwise correspond with us, and marketing information, such as your preferences for receiving marketing communications and details about how you engage with them.

 

Information Collected Automatically: Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, your transaction history using our Services, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. If you click on a link to a third-party website or service, such third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device. For more information about our use of Cookies, please see “Cookies” below.

 

We may use automatically collected data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

 

Information Collected from Other Sources and Do Not Track Policy: We also receive information from other sources and combine that with information we collect through our Services. For instance, we may collect additional information like in-game statistical information from third parties and sources other than the Services for which you have approved our access, such as other gaming publishers’ APIs or other services. This information may be combined with other information we collect to provide the Services, such as when we combine game data from gaming publishers with our proprietary software to generate Competitions. In addition, you may also provide us information by accessing third-party services in connection with your use of the Services, including social media IDs and related social media information. In any event, if we collect information from other sources, we will always endeavor to provide you with clear notice of such data collection. However, any third-party services may collect information as determined by their own privacy policies and you should be careful to review their policies prior to using such services.

 

Through cookies we place on your browser or device, we may also collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy.

 

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. When you turn on the Do Not Track function in your browser, we stop collecting the information from your browser that allows us to tailor advertisements and other content specifically to you that is based on your visits to our advertising partners’ websites. Specifically, we stop collecting information from the unique browser cookie that links your browser to visits to third party sites. Do Not Track signals are set on a browser-by-browser basis, so you must set them on every browser you use if you do not wish to be tracked. Remember that this is just our Do Not Track policy, and we can’t and don’t make any promises about how third parties react when you set this signal on your browser.

 

 

How does Azarus Use the Personal Information it Receives?

 

 

As mentioned above, we use information we collect to improve the Services, optimize our technology, refine the experience of our Users, and innovate ways to forward our mission.

 

Namely, we use the information we collect to:

 

– Administer the Services, enable you to use its features, and improve your overall user experience;
– We use your personal information to create and manage your Account, including communicating with you regarding your Account.
– To send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
– To respond to comments and questions and provide customer service;
– Email, text, SMS, message via social media platforms and phone you to provide you with information and updates about us, our work, and our community, to make it easier for you to share such information about us with your social networks, and to answer your queries;
– Analyze how Users use the Services to help us understand usage patterns and know if there are problems with the Services;
– Create targeted advertising to promote the Services and engage the community and our Users;
– To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity;
– With your consent, to link or combine user information with other Personal Information;
– To compare information for accuracy, update our records, and verify it with third parties;
– To provide and deliver products and services requested by customers; and
– As disclosed below under the section of this Privacy Policy entitled “Will Azarus Share Any of the Personal Information it Receives?”

 

 

Will Azarus Share Any of the Personal Information it Receives?

 

 

We do not share or sell the personal information that you provide us with other organizations without your express consent, except as described in this Privacy Policy. We may share your Personal Information with third parties as described below:

– Affiliated Businesses: In certain situations, businesses or third-party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). For instance, this may include sharing information, including Personal Information, to other gaming publishers or platforms you have accessed or interacted with using our Services. You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

– Our Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you or to us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.- Business Transfers: We may choose to buy or sell assets and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy
– Third Party Services: We may use third party services to grow our business, to improve and develop our Services, to monitor and analyze use of our Services, to aid our technical administration, to increase the functionality and user-friendliness of our Services, and to verify that users have the authorization needed for us to process their requests. These services may collect and retain some information about you, such as the IP address assigned to you on the date you use the Services, but not your name or other personally identifying information. We may combine the information generated through the use of these services with your Personal Information but never in a way that will identify you to any other user.- Protection of Azarus and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of Azarus, our employees, our users, or others.

 

 

Is Personal Information about me secure?

 

 

We take reasonable steps to protect your Personal Information against unauthorized access, alteration, disclosure, misuse, or destruction. no data transmission or storage system can be guaranteed to be secure. The safety and security of your Personal Information also depends on you. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Your Account is protected by your Account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your Account after each use. We further protect your Personal Information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your Personal Information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using the Services, you acknowledge that you understand and agree to assume these risks.

 

We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

 

Cookies

 

 

What are cookies?

 

 

As previously described, we may collect information using cookies. 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.

 

 

Cookies we use

 

 

Our Services use the following types of cookies for the purposes set out below:

Type of cookies
Purpose
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. 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.
Functionality Cookies
These cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, 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.
Analytics and Performance Cookies
These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. We use this information to help operate and provide our Services more efficiently and to monitor the level of activity on our Services. All usage of performance or analytics cookies involve proprietary processes, and we do not presently use any third-party analytics or performance cookies. In the event that this changes, we will update this policy and provide notice to you.

 

Disabling cookies

 

 

You can typically remove and reject cookies from our Services with your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Services work for you.

 

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org.

 

Marketing

 

 

If you do not want to receive marketing messages from us, you will be able to tell us by selecting certain boxes on forms we use when we first collect your contact details. You can change your marketing preferences by clicking on the unsubscribe link at the bottom of our emails. If you opt out of marketing messages, we may still send you e-mails necessary to provide the Services from time-to-time.

 

 

EU Residents

 

 

If you are a resident of the European Economic Area (“EEA”), Switzerland, or the United Kingdom, you may have additional rights under the General Data Protection Regulation (the “GDPR”) and other applicable law with respect to your Personal Data, as outlined below.

 

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Azarus will be the controller of your Personal Data processed in connection with the Services.

 

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at support@azarus.io.

 

 

What Personal Data Do We Collect from You?

 

We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.

 

– Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation, Personal Information described above, and any other information you may elect to submit in your communications with us while using our Services.

– Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, including without limitation, the information described above under “Information Collected Automatically”. We also use Cookies and other tracking technologies.

 

 

How Do We Use Your Personal Data?

 

 

As described in this Privacy Policy, we process Personal Data to operate, improve, understand and personalize our Services. See “How does Azarus Use the Personal Information it Receives?” for more information on how we use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

– Contractual Necessity: We process certain Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
– Legitimate Interest: We may also process your Personal Data where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We consider and balance any potential impacts on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by any adverse impact on you (unless we have your consent or are otherwise required or permitted to by law). Examples of these legitimate interests include, operation and improvement of our business, products and Services, marketing of our products and Services, provision of customer support, protection from fraud or security threats, compliance with legal obligations or completion of corporate transactions.
– Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
– Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

 

 

How and With Whom Do We Share Your Data?

 

 

We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. Please see “Will Azarus Share Any of the Personal Information it Receives?” for more information.

 

How Long Do We Retain Your Personal Data?

 

 

We retain Personal Data about you for as long as necessary to provide you Services. In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we may retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

 

What Rights Do You Have Regarding Your Personal Data?

 

 

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email support@azarus.io. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary, to verify your identity and the nature of your request.

 

– Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by visiting your Account or profile settings on our Services.
– Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can correct some of this information directly by editing them on your Account profile.
– Erasure: You can request erasure of your Personal Data without undue delay in certain circumstances, such as where the Personal Data is no longer necessary in relation to the purposes for which it was collected or processed.
– Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
– Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
– Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
– Restriction of Processing: You can ask us to restrict further processing of your Personal Data.- Right to File Complaint: You have the right to lodge a complaint about Azarus’ practices with respect to your Personal Data with the supervisory authority of your country or European Union Member State.

 

 

Transfers of Personal Data

 

 

The Services are hosted and operated in part in the United States (“U.S.”) through Azarus and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services and providing your information, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, may be provided to Azarus in the U.S. and may be hosted on U.S. servers. You hereby consent to and authorize Azarus to transfer, store and process your information to and in the U.S., and possibly other countries. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Policy. One such step we may take to ensure the security of your Personal Information in the event that a transfer may not be subject to the same protection in the EEA, Switzerland or the UK, is to enter into specific contract clauses approved by the European Commission which ensure your personal information is given the same protection it has in Europe.

 

 

What If You Have Questions Regarding Your Personal Data?

 

If you have any questions about this section or our data practices generally, please contact us using the below listed information. For purposes of the GDPR, the below listed Designated Representative is also our Data Protection Officer:

 

Designated Representative Name: Alexander Casassovici
Physical address: 421 27th St. 94131 San Francisco, CA
Email address for contact: support@azarus.io

 

 

California Residents

 

 

If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, visit our California Consumer Privacy Act Notice for California Residents located here https://azarus.io/tos .

 

 

What if I have questions about this policy?

 

 

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to support@azarus.io, and we will try to resolve your concerns.

 

 

Privacy Notice for California Residents

 

 

AZARUS, INC.
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Effective Date: March 9, 2020

 

 

This Privacy Notice (“Notice”) for California Residents supplements the information contained in Azarus’ Privacy Policy https://azarus.io/tos (“Privacy Policy”) and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you“). This Notice has been adopted in accordance with the requirements of the California Consumer Privacy Act of 2018 (“CCPA”), and any terms defined in the CCPA have the same meaning when used in this notice, unless otherwise defined herein. Any other terms that are not already defined in the CCPA and are capitalized but not defined herein shall have the meaning provided in our Privacy Policy.

 

If there are any conflicts between this Notice and any other provision of the Privacy Policy, the policy or portion that is more protective of you shall control to the extent of such conflict.

 

 

Information Azarus Collects

 

 

Our Services collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information“). In particular, our Services have collected the following categories of Personal Information from its consumers within the last twelve (12) months:

 

– Identifiers such as a real name, IP address, e-mail address, or account name (“Identifiers”);
– Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) such as names, financial information, and telephone numbers (“California Customer Records Information”);
– Protected classification characteristics under California or federal law such as citizenship, national origin or gender (“Protected Class Information”);
– Commercial information such as records of products or services purchased, obtained or considered (“Commercial Information”);
– Internet or other similar network activity such as browsing history and your interaction with the Services (“Network Activity Information”);
– Geolocation data such as physical location or movements (“Geolocation Information”); and
– Inferences drawn from other Personal Information (“Inference Information”).

 

Personal Information does not include:

 

– Publicly available information from government records;
– Deidentified or aggregated consumer information; and
– Information excluded from the CCPA’s scope.

 

Azarus obtains the categories of Personal Information described herein from the sources disclosed in our Privacy Policy described under the section entitled “What Information Does Azarus Collect?”.

 

Use of Personal Information

 

 

We may use or disclose the Personal Information we collect for one or more of the business purposes listed in our Privacy Policy under the section entitled, “How does Azarus Use the Personal Information it Receives?”. In addition, we generally will use your Personal Information in a manner as described to you when collecting your Personal Information or as otherwise set forth in the CCPA.

 

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

 

Sharing Personal Information

 

 

We may share or disclose your Personal Information to third parties as described in our Privacy Policy under the sections entitled “How does Azarus Use the Personal Information it Receives?” and “Will Azarus Share Any of the Personal Information it Receives?”. When we share or disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

 

Disclosures of Personal Information for a Business Purpose

 

In the preceding twelve (12) months, Company has disclosed the following categories of Personal Information for a business purpose:

 

– Identifiers;
– California Customer Records Information;
– Protected Class Information;
– Commercial Information;
– Network Activity Information;
– Geolocation Information; and
– Inference Information.

 

Sales of Personal Information

 

For the purposes of the CCPA, “selling” information broadly means scenarios where we have shared personal information with partners in exchange for valuable consideration. When we disclose that we may have sold Personal Information, it means that we may have received some kind of benefit to our company in return for sharing Personal Information, but not necessarily received any money in exchange. In response to a verified consumer request for categories of Personal Information “sold,” we will investigate and provide an individualized response to the consumer, and will not merely refer the consumer to our general practices outlined in this Notice unless our response would be the same for all consumers and this Notice or our Privacy Policy discloses all the information that is otherwise required for the response to such a consumer request. To opt out of these “sales,” please click the “Do Not Sell My Personal Information” link at the bottom of this page.

 

Your Rights and Choices

 

The CCPA provides consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

 

Access and Data Portability Rights

 

You have the right to request that Azarus disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

 

– The categories of Personal Information we collected about you;
– The categories of sources for the Personal Information we collected about you;
– Our business or commercial purpose for collecting or selling that Personal Information;
– The categories of third parties with whom we share that Personal Information;
– The specific pieces of Personal Information we collected about you; and
– If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
– sales, identifying the Personal Information categories that each category of recipient purchased; and
– disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

 

Erasure Rights

 

You have the right to request that Azarus delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

 

– Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
– Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
– Debug products to identify and repair errors that impair existing intended functionality;
– Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
– Comply with the California Electronic Communications Privacy Act;
– Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
– Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
– Comply with a legal obligation; or
– Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Exercising Your Rights

 

To exercise the access, data portability, and deletion rights described herein, please submit a verifiable consumer request to us by either:

 

– Calling us at +1 (855) 923-0753.
– Emailing us at support@azarus.io

 

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

 

– Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

 

Making a verifiable consumer request does not require you to create an Account with us. However, in our discretion, we may consider requests made through your password protected Account sufficiently verified when the request relates to Personal Information associated with that specific account.

 

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

Response Timing and Format

 

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

 

If you have an Account with us, we will deliver our written response to that Account to the extent possible. If you do not have an Account with us or delivery to the Account is otherwise infeasible, we will deliver our written response by mail or electronically, at your option.

 

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

 

Non-Discrimination

 

Azarus will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

 

– Deny you goods or services;
– Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
– Provide you a different level or quality of goods or services; or
– Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We do not currently provide any financial incentives.

 

Other California Rights

 

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@azarus.io.

 

 

Changes to Our Privacy Notice

 

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Site or through the Services and update the Notice’s effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

 

Contact Information

 

If you have any questions or comments about this Notice or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: +1 (855) 923-0753

Email: support@azarus.io