Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to bytewax, Inc.
- Cookies are small files that are 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.
- Country refers to: California, United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website or the channel we have established on Slack (“Slack Channel”).
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It 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.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- You means 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.
Collecting and Using Your Personal Data
Types of Data Collected
We collect the following Personal Data from You when You contact Us through the Service or the Slack Channel or as part of the GitHub development site:
- Email address
- First name and last name
- User name (Slack Channel and GitHub development site)
- Any additional information You may provide in contacting Us through email or communicating with Us on the Slack Channel or the GitHub development site.
- Usage Data
Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, 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 that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?”.
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity). Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
- Type: Session Cookies
- Administered by: Us
- Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. 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.
Cookies Policy / Notice Acceptance Cookies
- Type: Persistent Cookies
- Administered by: Us
- Type: Persistent Cookies
- Administered by: Us
- Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering Your login details or language preference. 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 use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- ** To provide, develop and improve our products and services,** including our software and related services.
- For the performance of a contract: 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 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 about other goods, services and events which we offer that are similar to those that 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.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and Your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information 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: We may share Your information with Our 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 as on Our Slack Channel or on our GitHub development site), such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
Transfer of Your Personal Data
Legal Basis for the Collection of Your Personal Data
Where required by law, We rely on the following legal bases to collect and use Your Personal Data:
- Where it is necessary in order to comply with Our legal obligations under certain laws;
- Where it is necessary for entry into, or performance of, any contract(s) with You, such as Your participation in the GitHub development site;
- Where it is necessary for the legitimate interest of Us or others (where these are not overridden by Your interests or fundamental rights and freedoms; or
- in limited circumstances and to the extent the legal bases for processing set out above do not apply, processed with Your consent (which We may obtain from You from time to time).
The “legitimate interests” referred are the processing purposes described to the extent the processing is not necessary in order to (i) enter into contracts with You for the provision of products and services and fulfill Our obligations under such contracts, (ii) comply with Our legal obligations under certain laws; (iii) comply with Our regulatory obligations globally; and (iv) exercising Our fundamental rights and freedoms, including Our freedom to conduct a business and right to property.
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 fraud or possible wrongdoing in connection with the Service
- Protect the security of the Service and our systems and investigate security incidents
- Protect the personal safety of users of the Service or the public
- Protect against legal liability
Opt-Out of Email Communications
If You have provided Your email address or opted in to receiving email communications, or are participating in the Slack Channel, we may send You email communications from time to time regarding our products and services. You can opt-out of receiving such communications by using the unsubscribe mechanism on the email or sending us an email at firstname.lastname@example.org.
Your Rights to Your Personal Data
You may make a request to access, correct or delete Your personal date by contacting us at email@example.com. We will endeavor to accommodate such requests, but reserve the right to deny requests if permitted by law. If You are a resident of the European Economic Area or the United Kingdom, and the data protections laws of these jurisdictions apply to Your Personal Data, You have the following rights, which You can exercise by emailing Us at firstname.lastname@example.org:
RIGHT TO OBJECT TO CERTAIN DATA PROCESSING: To the extent that We are relying upon the legal basis of legitimate interest to process Your Personal Data, then You have the right to object to such processing, and We must stop such processing unless we can either demonstrate compelling legitimate grounds for the processing that override Your interests, rights and freedoms or where We need to process the data for the establishment, exercise or defense of legal claims. Where We rely upon legitimate interest as a basis for processing We believe that We can demonstrate such compelling legitimate grounds, but We will consider each case on an individual basis.
INFORMATION AND ACCESS: You have the right to be provided with certain information about Our processing of Your Personal Data and access to that data (subject to exceptions).
RECTIFICATION: If Your Personal Data changes, We encourage You to inform Us of the change. You have the right to require inaccurate or incomplete Personal data to be updated or corrected.
ERASURE: You have the right to require that Your Personal Data be erased in certain circumstances, including where it is no longer necessary for Us to process this data in relation to the purposes for which We collected or processed the data, or if We processed this data on the basis of Your consent and You have since withdrawn this consent.
DATA PORTABILITY: Where We process Your Personal Data on the basis of Your consent, or where such processing is necessary for entering into or performing Our obligations under a contract with You, You may have the right to have the data transferred to You or another controller in a structured, commonly used and machine readable format, where this is technically feasible.
RIGHT TO RESTRICTION OF PROCESSING: You have the right to restrict Our processing of Your Personal Data while Your request for data rectification or objection to Personal Data processing is being considered, if We no longer need to process Your data but You need that data in connection with a legal claim, or if Our processing is unlawful but You do not want Us to erase the data. If this right applies, We will continue to store Your data but will only further process it with Your consent, for the establishment, exercise or defense of legal claims, to protect the rights of another person, or for reasons of important public interest.
RIGHT TO WITHDRAW CONSENT: If We require Your consent to process any of Your Personal Data, We will request this consent separately. To the extent that We rely on Your consent to process any of Your Personal Data, You have the right to withdraw Your consent to such processing at any time.
COMPLAINT: You also have the right to lodge a complaint with a supervisory authority, in Your country of residence (if that is in the UK or an EU Member State).
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites