Aqua does not itself host the Site – all hosting is done by third party hosting providers that we engage. This means that data you provide us or that we or third parties collect from you (including any Personal Information) is hosted with such third party service providers on servers that they own or control. Regardless of where such third party service providers themselves are based (and some are US-based), their servers may be located anywhere in the world (including the US). Your data may even be replicated across multiple servers located in multiple countries. So please be aware that you are consenting to your data being transferred to various third party service providers around the world.
Generally speaking, Aqua receives information because:
(a) You have provided it to us;
(b) We collect it from you; and/or
(c) Third parties we engage (such as a data analytics provider) collect it from you on our behalf. This happens in cases where we use or deploy third party tracking technology, or where we otherwise give these third parties access to our technology. So where we describe below in Section 4 (Information We Collect From You) the ways in which we collect information from you, you acknowledge that such collection may also be carried out by third parties.
“Personal Information” means information that may be used, either alone or in combination with other information, to personally identify an individual, such as a first and last name, an email address, phone number, a home or other physical address, and other contact information.
“Anonymous Information” means information which is not Personal Information, such as aggregated information.
3. Information You Provide To Us. Currently, we require you to provide us with certain types of Personal Information in order to use the Site and benefit from some of its features. Here are some examples:
3.1. Account Creation. In order to use the Site’s scanning service, you will need to create a service account (“Account”), which will require you (or in some cases, may just give you the option) to provide Personal Information, such as your name and email address.
3.2. ‘Contact Us’. If you send us a ‘Contact Us’ (or similar) request, whether by submitting an online form that we make available, by sending an email to an email address that we display, by using a feedback or reporting feature, or by other means, you may be required to provide us with certain Personal Information, such as your name and email address.
3.3. Purchases. The Site may offer the option of purchasing certain products or services from us, such as the scanning service. If you choose to make a purchase we will require sufficient Personal Information from you in order to process the purchase. Such information could include a credit card number and related account and billing information. We may use the products and services of third party service providers to process these purchases, in which case you will be providing the information to them as well.
3.4. Blogs, Newsletters, Surveys and Promotions. The Site contains a blog forum displaying information about Aqua and its products and services. The Site may also offer you the opportunity to subscribe to newsletters and participate in surveys and other promotional activities. In each of the foregoing cases, your interaction (such as responding on the blog forum, subscribing to a newsletter, or participating in a survey) may require you to provide certain Personal Information such as your name and email address.
4. Information We Collect From You. We collect Personal Information and Anonymous Information from you in the following ways:
4.1. Account Login. If you connect your Account with an account from a supported social network, web service or other public domain, such as Gmail or Github (a “Web Service” and “Web Service Account”), we may receive Personal Information from the corresponding Web Service. Such Personal Information may be about you and/or your Web Service Account contacts. Please check the policies of the applicable Web Service in order to understand what information we receive. Even if you later disconnect your Account from your Web Service Account, we still keep a copy of the Personal Information that we received from the connection of the two accounts.
4.2. Log Files; Device and Usage Data. We collect information through server log files, but also by deploying tracking technologies within the Site. We do this to analyze trends, track user movement around the Site, gather demographic information, and to generally collect information that we may find insightful or helpful. The type of information collected may include (but is not limited to) internet protocol (IP) addresses, MAC address, phone number, device type, browser type, operating system type, type of browser, Internet Service Provider (ISP), date/time stamp of Site use, referring/exit pages, and clicked pages. For example, the Site uses Google Analytics, more information on which you can find here: https://www.google.com/intl/en/policies/privacy/partners/ .
5.1. To Generally Provide You With the Site. We will use your Personal Information to: (a) administer and provide the Site to you; (b) further develop and generally improve the Site; (c) send you updates, promotions, offerings, or other news of/about the Site or Aqua’s products and services, either directly or indirectly via our authorized partners; (d) respond to communications with you; (e) identify or authenticate your access and use of the Site or an Account; and/or (f) send you updates and marketing information related to our products and services either directly or indirectly via our authorized partners.
5.4. Enforcement. We may share your Personal Information with any third party if we believe that disclosure of such information is helpful or reasonably necessary to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) enforce the Website TOU, including investigations of potential violations thereof; (c) detect, prevent, or otherwise address fraud or security issues; and/or (d) protect against harm to the rights, property or safety of Aqua, our users, yourself or the public.
6. Publicly Available Information. Any content that you make publicly available on or via the Site will be publicly available to other users of the Site. If you actively or passively allow your contact information to be public, you may receive unsolicited messages or activity from other users of the Site. We therefore encourage you only to post information that you are sure you want to be publicly accessible.
7. Access and Accuracy; Deletion. We would like to maintain accurate Personal Information. If you would like to delete or correct any of your Personal Information that we may be storing, there may be tools that we make available on the Site. Otherwise, please contact us at [email protected] to request deletion (although we do not undertake to respond to, or otherwise implement, the request within any period of time). Please be aware that information deleted (whether directly by you or pursuant to a delete request) may or may not be permanently deleted by Aqua, and may remain stored on our servers. In such cases, the information will no longer be accessible to you. We, in our sole and absolute discretion, decide whether or not to permanently delete information from our servers.
8. Opt-Out. You may choose not to receive future promotional, advertising, or other Site-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving such emails, we may still send you administrative emails to facilitate your use of the Site.
10. Children’s Privacy. The Site is not designed to attract children under the age of 13. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13. If we learn that we have collected Personal Information from a child under 13, we will use commercially reasonable efforts to delete that information as quickly as possible. If you believe that we might have any such information, please contact us at [email protected].
11. Security. We use administrative, physical and technical safeguards to protect Personal Information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we try to use reasonably acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the Site, you can contact us at [email protected].
12. Merger, Sale or Bankruptcy. In the event that Aqua is acquired by or merged with a third party entity, we may (and hereby reserve the right to) transfer or assign the Personal Information and other information we have collected or received. In the event of a bankruptcy, insolvency, receivership, or comparable event, we may not be able to control how your Personal Information is treated, transferred, or used.
13. California Privacy Rights. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. Please note that we are only required to respond to one request per customer each year.
14. Our California Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about that individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect Personal Information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Site.
15. Deletion of Content from California Residents. If you are a California resident under the age of 18 and a registered user of the Site (for example, if you have an Account), California Business and Professions Code Section 22581 permits you to remove content or information you have publicly posted. If you wish to remove such content or information and you specify which content or information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you will not be able to restore removed content or information. In addition, such removal does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require us to enable removal of the content or information.
Last updated: September 15, 2022