CUMULUS RESOURCES

Privacy Policy

 

INTRODUCTION 

At Cumulus, we respect the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our web application (Control Center) and our mobile application (TorqueFit), including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this privacy policy carefully.  If you do not agree with the terms of this privacy policy, please do not access the site. 

  

We reserve the right to make changes to this Privacy Policy at any time and for any reason.  We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy.  Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. 

  

COLLECTION OF INFORMATION 

The information we may collect include the following: 

  

Personal Data 

We collect personal information (PII) that you provide to us such as name, address, contact information, passwords and security data, and payment information. 

We collect personal information that you voluntarily provide to us when registering at our Sites or Apps, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Sites, such as posting messages in our online forums or entering competitions, contests or giveaways or otherwise contacting us. 

The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we COLLECT can include the following: 

  • Name and Contact Data. We collect your first and last name, email address and other similar contact data. 

  • We collect passwords, password hints, and similar security information used for authentication and account access. 

  • Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions. 

  

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.  

  

Derivative Data 

Information such as IP address and/or browser and device characteristics, is collected automatically when you visit our websites. 

We automatically collect certain information when you visit, use or navigate the Sites. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information.  This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes. 

  

Like many businesses, we also collect information through cookies and similar technologies. 

  

Mobile Application Information 

We may collect information regarding your geo-location, mobile device, and push notifications when you use our apps. 

  

If you use our Apps, we may also collect the following information: 

  

  • Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings. 

  

  • Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s [Bluetooth, calendar, camera, contacts, microphone, reminders, sensors, SMS messages, storage] and other features. If you wish to change our access or permissions, you may do so in your device’s settings. 

  

  • Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address. 

  

  • Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings. 

  

Information Collected From Other Sources 

We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources. 

  

We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links). 

  

COLLECTION OF INFORMATION 

We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent. 

  

We use personal information collected via our Sites for a variety of business purposes described below. 

Having accurate information permits us to provide our customers with a smooth, efficient, and customized experience.  Specifically, we may use personal information collected or received about you via the Site [or our mobile application]: 

  

  • To facilitate account creation and logon process [with your Consent]. If you choose to link your account with us to a third-party account *(such as your Google or other account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process. See the section below headed “Federated Logins” for further information. 

  

  • To send you marketing and promotional communications [for Business Purposes and/or with your Consent]. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the “Your Privacy Rights” below). 

  

  • To send administrative information to you [for Business Purposes, Legal Reasons and/or possibly Contractual]. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies. 

  

  • Fulfill and manage your orders [for Contractual reasons]. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Sites. 

  

  • To post testimonials [with your Consent]. We post testimonials on our Sites that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at info@cumulusds.com and be sure to include your name, testimonial location, and contact information. 

  

  • Deliver targeted advertising to you [for our Business Purposes and/or with your Consent]. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness. [For more information, see our Cookie Policy [HYPERLINK]]. 

  

  • Administer prize draws and competitions [for our Business Purposes and/or with your Consent]. We may use your information to administer prize draws and competitions when you elect to participate in competitions. 

  

  • Request Feedback [for our Business Purposes and/or with your Consent]. We may use your information to request feedback and to contact you about your use of our Sites. 

  

  • To protect our Sites [for Business Purposes and/or Legal Reasons]. We may use your information as part of our efforts to keep our Sites safe and secure (for example, for fraud monitoring and prevention). 

  

  • To enable user-to-user communications [with your consent]. We may use your information in order to enable user-to-user communications with each user’s consent. 

  

  • To enforce our terms, conditions and policies [for Business Purposes, Legal Reasons and/or possibly Contractual]. 

  

  • To respond to legal requests and prevent harm [for Legal Reasons]. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond. 

  

  • For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience. 

  

DISCLOSURE OF YOUR INFORMATION 

We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations. Your information may be disclosed as follows: 

  

Compliance with Laws 

We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security, and law enforcement requirements). 

  

Vital Interests and Legal Rights 

We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved. 

  

Vendors, Consultants and Other Third-Party Service Providers 

We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. 

Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how you interact with the Sites over time.  This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. 

  

Business Transfers 

We may share or transfer your 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. 

  

Third-Party Advertisers 

We may use third-party advertising companies to serve ads when you visit the Sites. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you. 

  

Third-Party Processors 
 
Our carefully selected partners and service providers may process personal information about you on our behalf as described below: 

“Digital Marketing Service Providers” 

We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information. Our appointed data processors include: 

(i) Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io. Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: dpo@sopro.io.” 

  

Affiliates 

We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our any subsidiaries, joint venture partners or other companies that we control or that are under common control with us. 

  

Business Partners 

We may share your information with our business partners to offer you certain products, services or promotions. 

  

With your Consent 

We may disclose your personal information for any other purpose with your consent. 

  

Social Media Contacts/Other Users 

When you share personal information (for example, by posting comments, contributions or other content to the Sites) or otherwise interact with public areas of the Site [or App], such personal information may be viewed by all users and may be publicly distributed outside the Site [and our App] in perpetuity. [If you interact with other users of our Sites and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity.]  Similarly, other users will be able to view descriptions of your activity, communicate with you within our Sites, and view your profile. 

  

TRACKING TECHNOLOGIES 

We may use tracking technologies to collect and store your information. 

  

Cookies 

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory. 

  

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. We may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of our service. 

  

Digital Advertising 

Additionally, we may use third-party software to serve ads on the Site [and our mobile application], implement email marketing campaigns, and manage other interactive marketing initiatives.  This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.  For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool. 

  

Website Analytics 

We may also partner with selected third-party vendors[, such as, to allow tracking technologies and remarketing services on the Site [and our mobile application to, among other things, analyze and track users’ use of the Site [and our mobile application] , determine the popularity of certain content and better understand online activity. By accessing the Site[,our mobile application,], you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool. 

  

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings. 

  

THIRD-PARTY WEBSITES 

We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites. 

The Sites may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Sites. You should review the policies of such third parties and contact them directly to respond to your questions. 

  

DATA TRANSFER & SOVEREIGNTY 

HOW LONG WE KEEP YOUR INFORMATION 

We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law. 

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than the period of time in which you have an account 1 year past the termination of your account. 

  

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. 

  

SECURITY OF YOUR INFORMATION 

We aim to protect your personal information through a system of organizational and technical security measures. 

We use administrative, technical, and physical security measures to help protect your personal information.  While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.  Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information. 

  

POLICY FOR MINORS 

We do not knowingly collect data from or market to children under 18 years of age. 

By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site [and App].  If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.  If you become aware of any data we have collected from children under age 18, please contact us at security@cumulusds.com.   

  

INFORMATION PRIVACY RIGHTS 

You may review, change, or terminate your account at any time. 

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws.  These may include the right: 

  • to request access and obtain a copy of your personal information. 

  • to request rectification or erasure. 

  • to restrict the processing of your personal information. 

  • if applicable, to data portability. 

  

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal. 

  

Account Information 

You may at any time review or change the information in your account or terminate your account by: 

  • Logging into your account settings and updating your account 

  • Contacting us using the contact information provided below 

  • [Other] 

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements. 

Emails and Communications 

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by: 

  • Noting your preferences at the time you register your account with the Site [or our mobile application] 

  • Logging into your account settings and updating your preferences. 

  • Contacting us using the contact information provided below 

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly. 

  

Cookies and similar technologies 

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites. For further information, reference section on TRACKING TECHNOLOGIES. 

  

CALIFORNIA PRIVACY RIGHTS 

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. 

  

If you are under 18 years of age, reside in California, and have a registered account with the Site [or our mobile application], you have the right to request removal of unwanted data that you publicly post on the Site [or our mobile application]. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.  We will make sure the data is not publicly displayed on the Site [or our mobile application], but please be aware that the data may not be completely or comprehensively removed from our systems. 

  

UPDATES TO THIS POLICY 

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information. 

  

CONTACT US 

If you have questions or comments about this policy, please contact us at security@cumulusds.com or by post to: 

  

Cumulus Digital Systems 

ATTN: Information Security Officer 

68 Moulton Street 

Cambridge, Ma, 01889 

  

Last Updated March 1, 2023