Information Collection and Use
Common Areas is determined to protect your privacy, and takes reasonable steps to this end, such as requiring a password at login. No Internet, e-mail, or other electronic communication is ever fully secure or error free, so you should take special care in deciding what information you send us. You, the user, are responsible for maintaining the secrecy of your login information.
When you create or reconfigure a Common Areas account, or when you access, login, or visit the Service, you provide some personal information that particularly identifies you. (“ Personally Identifiable Information”). This includes your name, username, password, and e-mail address that are required when you sign up for the Sites. You may also register using other information, such as your gender, telephone number(s), address, business name, business type, business role, fax number, and website address. You may provide this information directly to us when you register for an account on our Site. Your name, profile pictures, location and action item pictures, gender, company(s), username, and name are public.
User Generated Content
You may also choose to post content, including service provider comments and ratings, photographs, information you choose to share when you take an action, such as when you add a contact, add an action item, add a location, add a checklist, etc. (“User Generated Content”) by submitting the same through the Services, and may be shared with others. However, you do not have to provide this information to us.
Use of Personally Identifiable Information and User Generated Content
The Personally Identifiable Information and the User Generated Content you provide is used to the extent we have a lawful basis for doing so, including our “legitimate interest,” contractual necessity, and consent.
The legitimate interests of us include the purposes of:
We collect information passively using servers that automatically record information created by your use of the Services. This information may include:
Other actions, such as interactions with our Services and advertisements, may also be collected. We may use this information to determine the frequency with which our users visit various parts of our Services, or use various functions of our Services to help diagnose problems with our servers, to administer the Services, and to conduct research on its customer demographics, interests and behavior based on the Personally Identifiable Information, the User Generated Content, and other information provided to us. Such research may be compiled and analyzed on an aggregate basis. We may use a third-party service to collect this information, including Google Analytics, and our use of the information is within the limits imposed by the Google Analytics Terms of Service.
Pixel Tags : We may embed pixel tags (also called web beacons or clear GIFs) on web pages, ads, and emails. These tiny, invisible graphics are used to access cookies and track user activities (such as how many times a page is viewed.) We use pixel tags to measure the popularity of our features and services.
Mobile Device IDs : We may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of or in addition to cookies, to recognize you. We do this to store your preferences and track your use of our Services. Unlike cookies, device IDs cannot be deleted.
Do Not Track Signals : Do Not Track or “DNT” is a feature enabled on some browsers that sends a signal to request that a web application disable its tracking or cross-site user tracking. At present, our Site does not respond to or alter its practices when a DNT signal is received.
Common Areas may share or disclose certain Personally Identifiable Information and User Generated Content with your consent. You may request that Common Areas not disclose your Personally Identifiable Information to third parties. You may do so either at the time you register or by contacting us by writing to us at the address listed below.
Controlling what is shared when you share with others
When others share information about you, they can also choose to make it public. Just like when you share information by email or elsewhere on the web, information you share on the Site can be re-shared. This means that if you share something on Common Areas, anyone who can see it can share it with others.
Purchase or Sale of Businesses : From time to time we may purchase a business or one or more of our businesses may be sold, and your personally identifiable information may be transferred as a part of the purchase or sale.
Sharing of Posted Content: Pursuant to the Terms of Service you have granted us a non-exclusive, transferable, sublicensable, royalty free, worldwide license to use your voluntarily submitted User Generated Content on the Site, provided that such use does not include your personal or company name without your written consent. If you do not want certain information shared with others, you should not submit User Generated Content.
Non-Private or Non-Personal Information : We may share or disclose your non-private, aggregated, or otherwise non-personal information with affiliates, agents and business partners of Common Areas. We may disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.
To keep your Personally Identifiable Information accurate, current and complete, we provide you with tools to access or modify such information you provided to us and associated with your account.
We retain Personally Identifiable Information about you for a period of time consistent with the original purpose of collection, whether or not you have an account with us, if doing so is necessary for our legitimate purposes. After we deactivate your account, we may retain some information in a depersonalized or aggregated form but not in a way that would identify you personally. Because of the collaborative nature of our Services, we will not be able to delete any User Generated Content that is posted publicly. We may be able to anonymize your information such that you will no longer be reasonably identifiable.
If you do not want to receive promotional emails from us, you can click the “unsubscribe” button on the promotional e-mail; communications, or email us at firstname.lastname@example.org with the subject “Marketing Opt-Out.” You will not be able to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, password reminders, changes or updates to features of the Services, or technical and security notices.
If you have agreed to receive communications from us or to permit us to share your Personally Identifiable Information with third parties, you may request that, in the future, we not send you communications or share your Personally Identifiable Information.
We use various safeguards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
We do not knowingly collect or solicit The Children's Online Privacy Protection Act imposes certain requirements on websites directed at children under 13 that collect information on those children, and on websites that knowingly collect information on children under 13. Our Services are not directed at children under 13 and does not knowingly collect any personal information from children under 13. If you are under 13, you should not register to become a member or provide any personal information through this Site. If you have reason to believe that a child under 13 has provided personal information to Common Areas through the Services, please contact us at (email@example.com), and we will endeavor to delete that information.
Notice to California Residents: A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.
Notice to European Union “EU” Residents: If you are located in the EU, the United Kingdom, Lichtenstein, Norway, or Iceland, and use or access the Services, you may have certain rights with respect to your Personally Identifiable Information. 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 to you to provide us with additional information, which may include Personally Identifiable Information, if necessary to verify your identity and the nature of your request.
Common Areas, LLC.
Attn: Data Privacy Officer
195 South C Street
Tustin, CA 92780
Last updated: January 1, 2019
COMMONAREAS.COM TERMS OF SERVICE
The commonareas.com, commonareas.io and all unique commonareas.io subdomains (e.g., companyname.commonareas.io websites) collectively (“the Website”) are owned and operated by Common Areas, LLC. (“Common Areas”). The following Terms of Service (“Terms”) govern your access to and use of Common Areas’ services and the Website (“the Services”), and any content, including without limitation, information, text, graphics, photos, sounds, music, videos, captions, scripts, data, plans, specifications or other materials or interactive features uploaded, downloaded, or appearing on the Website (collectively, “the Content”). Further access to and use of the Services are conditioned upon your acceptance of the Terms, and you agree to be bound by these terms by accessing or using the Services. If you do not agree, you do not have the right to access or use the Services.
You agree to these Terms on behalf of the company or other legal entity for which you are acting, or, if there is no company or legal entity, on behalf of yourself as an individual. You represent and warrant that you have the authority to act on behalf of and bind such entity, to the extent there is one, and yourself.
The Terms of Service may be updated from time to time, and applies to your access to and use of the Services on and after the date that this Terms of Service is posted. It is your sole responsibility to check the date of the Terms of Service and review any changes since the last version and to determine, in consultation with your independent legal counsel, whether to access or use the Services, understanding that you, and any company or legal entity on whose behalf you may be accessing the Website, Services, or Content, shall be bound by the Terms set forth herein.
Common Areas grants you a limited, revocable, non-sublicensable, non-exclusive license to access the Services. In exchange for the limited license provided for herein, you agree to (1) abide by the Terms of Service set forth herein and (2) forever release, discharge and hold Common Areas and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers harmless from and against any and all damages arising out of or related to the use of the Website, Services, or Content.
The Services may contain links to third party websites or resources. You acknowledge and agree that we exercise no control over and are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, services, privacy policies, or practices on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Common Areas of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge your sole responsibility for and assume all risk arising from your use of any such websites or resources.
Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. You understand that we may not always identify paid services and communications as such.
COMMON AREAS MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Your access to and use of the Services or any Content is at your own risk, and we provide no guarantees of performance, availability, safety, security or free from any error. We do not guarantee that the Services will always function without disruptions, delays or imperfections. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Common Areas makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content.
If you are dissatisfied with the Services or these Terms, your sole and exclusive remedy is to discontinue using the Services. You understand and agree that Common Areas shall not be responsible or liable for any loss or damage resulting from your use of the Services and that this limitation shall survive termination or expiration of this Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMMON AREAS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST GOODWILL, LOST PROFITS, DATA, USE, GOOD-WILL, LOST BUSINESS OR OTHER INDIRECT ECONOMIC DAMAGES, WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHER LEGAL THEORY, AS A RESULT OF (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OR COMMON AREAS-CREATED CONTENT OBTAINED FROM THE SERVICES; (iv) A THIRD PARTY’S USE OF ANY CONTENT OR COMMON AREAS-CREATED CONTENT OBTAINED FROM THE SERVICES; (v) UNAUTHORIZED ACCESS, USE OR ALTERNATION OF YOUR TRANSMISSIONS OR CONTENT, or (vi) A BREACH OF ANY WARRANTY OR ANY OTHER TERM OF THESE TERMS, REGARDLESS OF WHETHER COMMON AREAS WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Common Areas’s liability will be limited to the fullest extent permitted by applicable law.
These Terms are effective until terminated by Common Areas, in its sole discretion, and at any time without notice. In addition, these Terms and the licenses and permissions contained herein shall terminate automatically if you breach of the terms or conditions contained in these Terms. Notwithstanding the foregoing, Sections 4-12 shall survive any termination of these Terms. You agree that upon termination, Common Areas has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services immediately and without notice, and remove and discard any content within the Services, for any reason. You agree not to attempt further use of the Services upon termination.
You agree to immediately defend, indemnify and hold harmless Common Areas, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, damages, liability, loss, and claims, including attorney’s fees and court costs, resulting from or on account of: (i) any act or omission, whether negligent, willful, or otherwise in connection with your use of the Services; (ii) your Content or Common Areas-Created Content, including allegations of infringement of any intellectual property right of a third party arising from or relating to your Content or Common Areas-Created Content, and any use of your Content or Common Areas-Created Content; or (iii) any breach of your obligations under these Terms, including a claim that asserts or purports to be based on Common Areas’s negligence. Common Areas reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such a case, you agree to cooperate with Common Areas in defense of such matter. Your obligations under this Section 10 shall survive the termination or expiration of this Agreement.
When you access or use the Services, you must comply with the export control and international trade laws and regulations of the United States and of any other country whose laws apply to you or your Content. You must not access or use the Services from within a U.S. sanctioned location or if you appear on any U.S. government restricted parties list. You must obtain U.S. government and any other required authorization before you obtain, access or use, or allow any third party to obtain, access or use, the Services for a U.S.-restricted end use. You must not upload or otherwise provide Common Areas with any content or materials, including your Content, that constitute classified information or that are subject to the International Traffic in Arms Regulations (“ITAR”) or its foreign counterparts. You must not upload or otherwise provide Common Areas with any content or materials that cannot legally be transferred from your location to the United States or from the United States to your location. You must not use the Services to make your Content or any other content or materials available to any country, entity or other party that cannot legally receive them under U.S. and other applicable law.
The Digital Millenium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. Copyright law. If you believe in good faith that any Content made available by or through Common Areas infringe your Copyright, you or your agent may send Common Areas a notice requesting that Common Areas remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Common Areas a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter-notices may be sent to:
Common Areas, LLC
195 S. C St.
Tustin, CA 92780
Last updated: January 1, 2019