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Privacy Policy
Effective date: July 23, 2018
myTurn.com, pbc (“us”, “we”, or “our”) operates the https://myturn.com/ website and related *.myTurn.com sites (the “Service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you, and your users, use our Service and the choices you have associated with that data for yourself, on behalf of the data you store about your users, and about the data your users store on the Service directly.
We use your, and your users’, data to provide and improve the Service. By using the Service, you–and any organization you represent for use of the Service–agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our End User License Agreement, accessible at: https://myturn.com/about/terms-and-conditions/
DefinitionsPersonal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). This includes you and your users (if applicable).
Usage Data: Usage Data is 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).
Cookies: Cookies are small pieces of data stored on a User’s device.
Data Controller: Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
Data Processor (or Service Providers): Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject: Data Subject is any living individual who is the subject of Personal Data.
User: The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
Information Collection And UseWe collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data CollectedPersonal Data: While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Usage Data: We also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your and your users’ computer’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, other diagnostic data, data on items tracked, types of items, reservations, and usage of items.
Tracking & Cookies Data: We use cookies and similar tracking technologies (e.g. browser local storage) to track the activity on our Service and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security and authentication purposes.
Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Service from certain geographic regions.
Information We Collect from Other Sources: We may also get information about you and your users from other sources. For example, if a myTurn account is created or logged into via single-sign-on, we may receive personal profile data from their third party service.
Use of DatamyTurn.com, pbc uses the collected data for various purposes:
- To provide, maintain, and improve our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To calculate how many people visit our Service from certain geographic regions
- 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
- Part of our mission is to make products more accessible and reusable to more people and companies. To further this mission, we may share de-identified and aggregate product usage information with third parties.
myTurn.com, pbc will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
myTurn.com, pbc will also retain de-identified and aggregate Usage Data for internal analysis purposes. Usage Data is also used to strengthen the security or to improve the functionality of our Service, and when we are legally obligated to retain this data for longer time periods.
Transfer Of DataYour, and your customer’s information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide your information, and your users’ information, to us, please note that we may transfer the data, including Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
myTurn.com, pbc will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Transfer to the U.S. or Other Countries
We use facilities in the United States. Your information will be stored and processed in the United States or other countries where we maintain facilities. By using the Site and/or the Service, you consent to the transfer of information outside of your country, even if your country has more rigorous data protection standards. For any information that may be transferred from the European Economic Area, please see below regarding our participation in the EU-US and Swiss-US Privacy Shield Frameworks.
EU-US and Swiss-US Privacy Shields .
As described in our Privacy Shield certification (available at https://www.privacyshield.gov/list , search for “myTurn”), myTurn.com, pbc. complies with the EU-US and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Information from European Union member countries and Switzerland, respectively. myTurn remains responsible for any of your personal information that it shares under the Onward Transfer Principle with third parties for external processing on our behalf (as described above in the “Disclosure of Information” section of this Privacy Policy). In certain situations, myTurn may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, myTurn is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. Please contact us with any questions or concerns regarding our privacy practices in relation to our Privacy Shield certification. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://www.jamsadr.com/eu-us-privacy-shield . Under certain conditions more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Disclosure Of DataInformation you Consent to Share: We may share and disclose information at your direction. For example, we may share your information with third parties with which you authorize us to do so, such as for single sign-on services.
Aggregated and De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services, including to the public.
Third-Party Service Providers: We use third-party service providers to assist us in making the Site available. Such third-party service providers may obtain access to the information you provide, including Personal Information.
Business Transaction: If myTurn.com, pbc is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Disclosure for Law Enforcement: Under certain circumstances, myTurn.com, pbc may be required to disclose your Personal Data if absolutely required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Information Shared Publicly: Information that you choose to make public is disclosed publicly. This may include information about your inventory, organization, or users. Please consider public information may be indexed by search engines or scraped from the service by third parties.
Legal RequirementsmyTurn.com, pbc. may disclose your or your users Personal Data, in the good faith belief that such action is absolutely necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of myTurn.com, pbc
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
The security of your and your users 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 and your users’ Personal Data, we cannot guarantee its absolute security. We expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your personal information or usage information.
“Do Not Track” SignalsWe do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your RightsmyTurn.com, pbc aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your and your users’ Personal Data. Whenever made possible, you or your users can update your Personal Data directly within the account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the right:
- To access and receive a copy of the Personal Data we hold about you
- To rectify any Personal Data held about you that is inaccurate
- To request the deletion of Personal Data held about you
You have the right to data portability for the information you provide to myTurn.com, pbc. Via your myTurn site and myTurn account, you can download all personal data we store about you and your users. Your product usage data, transaction history, and other reports can also be exported from your myTurn site at any time. You can also request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it if the downloads are not sufficient.
Please note that we will ask you to verify your identity before responding to such requests.
Service ProvidersWe may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
AnalyticsWe may use third-party Service Providers to monitor and analyze the use of our Service.
- Google Analytics: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
- Matomo: Piwik or Matomo is a web analytics service. You can visit their Privacy Policy page here: https://matomo.org/privacy-policy
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
- Stripe: Their Privacy Policy can be viewed at https://stripe.com/us/privacy
- PayPal: Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s PrivacyOur Service does not address anyone under the age of 13 (“Children”).
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 Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes To This Privacy PolicyWe may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact UsIf you have any questions about this Privacy Policy, please contact us:
myTurn.com, pbc.
16 Cavendish Ct Suite 424F
Lebanon, NH 03766
privacy@myturn.com
End User License Agreement
myTurn is committed to providing you with the best platform to maximize the use and value of your products and resources. That means making it very easy to track, rent and share tools, equipment and other goods. We take a similar approach to our legal terms, keeping them easy to understand.
This End User License Agreement (this “Agreement”) is a binding agreement between myTurn.com, pbc (“myTurn”) a Delaware Public Benefit Corporation and you, the end customer and user of our products (“Customer”)—even if you purchased through one of our channel partners—and it governs your purchase and use of our software and services. You and myTurn may each be referred to as a “Party” and collectively as the “Parties.” Please keep in mind that your use of the Products after changes to this Agreement are published at https://www.myTurn.com/eula will constitute your acceptance of the changes. Any material changes are considered effective upon the earlier of (i) your continued use of the Products once you know about the changes, and (ii) 30 days after they are published. With all that in mind, the parties agree to the following terms:
- The Service. myTurn provides a Software-as-a-Service (SaaS) platform for tracking, sharing and offering products on a subscription or rental basis (the “Service”). Our customers use the Service for tracking inventory, loans/rentals, memberships/subscriptions and utilization of resources. As a SaaS platform, we are continually maintaining, modifying, and improving the Service. In this Agreement, we refer to the Service, all related user documentation, and other deliverables we may provide to you, collectively, as the “Technology.”
- Orders and Payment. You’ll purchase the Service online and pay by credit/debit card, or via a purchase order submitted by you and accepted by us, either directly or through a channel partner (each a “Purchase Order”). A Purchase Order must contain Customer’s full contact information, including business phone number and email address, billing information. We may refuse to accept a Purchase Order in our sole discretion, in which case we will generally provide you electronic notice within two business days of receipt of the Purchase Order to your email address specified on the Purchase Order. If we receive a Purchase Order through a channel partner, then payment terms will be between you and the channel partner. If we receive a Purchase Order from you, then we will deliver a written or electronic invoice to you, and payment in full will be due 30 days from the date of the invoice.
- Term and Termination.
- Term. The term of this Agreement means the time period of the license to use the Service specified in the initial Purchase Order (the “Term”). The Term will be renewed for additional periods of the same time (each a “Renewal Term”) unless (i) you submit a Purchase Order for a new license of a different time period, in which case the Term will be renewed for the time period specified on such Purchase Order, or (ii) either party provides written notice to the other at least 60 days in advance of the expiration of the then-current Term. myTurn will deliver an invoice to following the commencement of the Renewal Term, and payment will be due in accordance with Section 2 above.
- Termination.
- By Customer. You may terminate this Agreement at any time upon 30 days’ prior written notice to us. You may terminate this Agreement for cause if we breach any material obligations of ours under this Agreement and fail to cure such breach within 10 business days of following receipt of written notice from you (including by email). If you terminate this Agreement for cause you will receive a refund equal to the pro rata amount you paid for the subscription to the Service allocable to the remaining Term.
- By myTurn. We may suspend your use of the Products at any time if we reasonably believe you have breached any material obligation of yours under this Agreement, including the payment terms of Section 2 and the restrictions set forth in Section 4(b); if such breach remains uncured 10 business days following receipt of written notice from us (including by email), we may terminate this Agreement. In such event, you will not be entitled to a refund of any amounts paid for your subscription to the Service.
- Grant and Use Rights.
- License Grant. Subject to your compliance with the terms of this Agreement, myTurn hereby grants you the right to access and use the Service during the Term.
- Restrictions. You will not (and will not to permit anyone else with access to your user account within the Service to): (a) reverse engineer or otherwise attempt to derive the source code for the Technology; or (b) use the Technology other than in accordance with (i) this Agreement, (ii) any specifications, or (iii) all applicable laws and regulations, including export laws and regulations of the United States or any other country, including any export, re-export, or use of the Service or Technology to provide services in violation of such export laws and regulations.
- Ownership and Customer Data.
- Customer Data. You understand that by using the Service you will be transferring information about your inventory and resource utilization, including data that may constitute personal information (collectively, “Customer Data”). Customer Data includes information regarding inventory, product and resource usage, location data, customers, subscribers, employees, and additional user information (derived from any user authentication methods your organization employs). myTurn uses your Customer Data exclusively for the purpose of providing the Service to you, including displaying statistics regarding your usage to assist you in better utilizing your products and other resources and delivering unparalleled end user experience. Except as set forth below regarding Insights, you retain all ownership in the Customer Data and grant myTurn a limited right to use the Customer Data for the purpose of making the Service available to you and improving the service for you and other customers.
- myTurn Rights. myTurn owns and retains all intellectual property rights in the Technology and the Insights (as defined below). You hereby assign to us all of your interest in any feedback you convey to us related to the Technology. In connection with providing the Service to you, myTurn uses Customer Data to generate (i) anonymous, aggregated reporting data regarding product utilization across its customer base, (ii) predictive analytics regarding your usage data, and (iii) other data generated from but in no way identifying your Customer Data (collectively, “Insights”).
- Customer Responsibilities. In addition to complying with the restrictions set forth in Section 4(b), you are responsible for establishing an administrative username and password for your user account(s) within the Service and for verifying that only your designated employees or other service providers have administrative access to the Service. You are also responsible for maintaining administrative control over your administrative accounts. myTurn is not liable for liabilities in connection with any of your acts or omissions related to access or use of the Service through your user accounts.
- Support Service. As part of the license granted to you in Section 4(a), we provide some technical support services at no additional charge. More information can be found in our FAQ, available at: https://www.myTurn.com/faq
- Confidentiality. Each party (the “Recipient”) understands that the other party (the “Discloser”) has disclosed or may disclose non-public, proprietary information relating to the Discloser’s technology or business (the “Confidential Information” of the Discloser). The Recipient will not use any Confidential Information of the Discloser except in connection with the performance of its obligations under this Agreement, and will disclose the Confidential Information of the Discloser only to the employees or contractors of the Recipient who have a need to know such Confidential Information and who are under a similar duty of confidentiality. Confidential Information does not include information that (a) is or was lawfully received by the Recipient from a third party without confidentiality obligations, (b) becomes available in the public domain through no action or inaction of the Recipient, or (c) is developed independently by the Recipient without reference to the Discloser’s Confidential Information. If legally permissible, Recipient will provide Discloser prompt written notice if legally compelled to disclose Discloser’s Confidential Information.
- Limitation of Liability and Indemnity. In no event will either party be liable for any consequential, indirect, exemplary, special or incidental damages, including any lost data and lost profits, arising from or relating to this Agreement or the Technology. Each of our total cumulative liability under this Agreement will not exceed the amount of fees you have paid to us during the Term. You will indemnify us from all liabilities, including reasonable attorneys’ fees, relating to any claims brought by a third party arising out of or in connection with misuse of the Technology under the terms of this Agreement.
- Disclaimer. myTurn does not warrant that the Service will be error free. Except as provided in the our SLA, we specifically disclaim all other warranties, express, implied, or statutory, regarding the Technology or any Support Services, including any warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third-party rights and regardless of whether any remedy fails of its essential purpose.
- General. This Agreement is the entire agreement between you and us and supersedes all prior agreements and understandings regarding the Technology. If any provision of this Agreement is determined to be unenforceable, this Agreement will be construed as if such provision had not been included. This Agreement will be governed by the laws of the State of New Hampshire without regard to conflict of laws principles that would require the application of the laws of another jurisdiction, and each party irrevocably submits to the personal jurisdiction and exclusive venue of any such court in any such action or proceeding. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party as long as such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
Thanks for reading. We’re grateful for your business and look forward to working with you!