
Last updated: May 23, 2024
This Privacy Policy (“Policy”) describes how Creatunity LLC (“us”, “we”, or “our”) collects, uses and discloses information related to our customers and prospective customers and users of our Website (defined below), as well as any associated content, features, functionality, offers, material or services made available through the Website (collectively, the “Service”).
We will not use or share your information with anyone except as described in this Policy.
Your use of our Website and purchase of the Airmoto and any other products sold through our Website (the “Products”) is subject to the Terms of Service, available at https://getairmoto.store/terms-of-service.html, which includes applicable terms governing limitations on liability. By using the Service, you accept and agree to the practices described in this Policy. By using the Service, you agree to the collection and use of information in accordance with this Policy. If you do not agree with this Policy, please do not use the Service or provide us with any Personal Information (as defined below). This Policy does not apply to (1) websites, software applications, and other online properties and services that do not link to this Policy; and (2) any other collection, use or disclosure of data other than via the Service.
Personal Information. For purposes of this Policy, unless otherwise required by applicable law, “Personal Information” means any information that identifies, relates to, describes, or is reasonably capable of being associated, linked or linkable with a particular individual or household, including any information that is subject to applicable data protection laws.
Individual rights. Please see the Your Rights and Choices section below for a description of the choices we provide and the rights you have regarding your Personal Information. If you are a California resident, please also review the California Residents section below for information about the categories of Personal Information we collect and disclose and your rights under California privacy laws.
This Policy applies to our collection, use and disclosure of Personal Information related to:
The Personal Information we collect varies depending upon the nature of the Service provided or used and our interactions with individuals, including whether Products are purchased.
Categories of Personal Information. While the Personal Information we collect varies depending upon the circumstances, we may collect the following categories of Personal Information (subject to applicable legal requirements and restrictions):
Sources of Personal Information. We may collect Personal Information about individuals:
Information We Collect From You. We may collect Personal Information from you related to:
Information We Collect from Third Parties. We may collect Personal Information about you from third-party sources (which may be combined with other Personal Information we have collected about you), such as:
Information We Collect or Derive About You Automatically. We may collect or derive Personal Information about your use of our Website or other interactions with us.
We may use Personal Information for a variety of purposes, including, without limitation:
If you submit any Personal Information relating to other people to us, you represent that you have the authority to do so and have informed that other person about the contents of this Policy.
We use cookies, pixels, tags, and other technologies, which may be provided by third parties, on our Website to enable certain functionality and for security and fraud detection and prevention, as well as to collect usage information about our Website and the emails that we send and to personalize content and provide more relevant ads and information. We may combine the information we collect via these technologies with other information, including Personal Information. BY USING THE SERVICE, YOU AFFIRMATIVELY CONSENT TO OUR USE OF SUCH COOKIES, PIXELS, TAGS, AND OTHER TECHNOLOGIES.
Cookies. By placing a small file known as a “cookie” on your device, our and our third party providers’ servers passively gather information about all visitors’ use of the Website for the following purposes: statistics collection and analysis, system optimization, analytics (as described below), market research, and maintenance of user login information. The information that we and our third party providers track with cookies includes, but is not limited to, the type of browser (such as Google Chrome or Internet Explorer) and Internet-connected devices being used to access the Website, your IP address, your home domain or Internet service provider, your referrer URL (which is the URL for the website that you were viewing prior to visiting the Website), how you were directed to the Website, which specific pages you access on the Website, how long you view each page, the time and date you access our Service and the total number of visitors to the Service and any portions thereof.
Log files. Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version and internet browser type and version. This information is gathered automatically and stored in log files.
Pixel tags and embedded script (aka clear GIFs and web beacons). Pixel tags are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, pixel tags are embedded invisibly on web pages. We may use these, in connection with our Website to, among other things, track the activities of the users of our Service, improve ads, personalize and manage content, and gather usage information about our Website. We may also use these in HTML emails to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
We may work with third-party ad networks, channel partners, affiliates, measurement services, analytics and others (“Third-Party Ad Companies”) to display advertising on our Service, and to manage or measure our advertising on third-party sites, social media platforms, mobile apps and online services, as well as to send you promotional materials or offers via email or direct mail. We and these Third-Party Ad Companies may use cookies, pixels tags, and other tools to collect activity information on our Service (as well as on third-party sites and services), as well as IP address, device ID, cookie and advertising IDs, and other identifiers, general location information, and, with your consent, your device’s geolocation information; we and these Third-Party Ad Companies use this information to provide you more relevant ads and content and to evaluate the success of such ads and content.
Custom Lists and Matching. We may create and disclose hashed user list information (such as name and email address) with third parties—such as Facebook and Twitter—so that we can better target ads and content to you and others with similar interests, within these third-party services. These third parties use the Personal Information we provide to help us target ads and to enforce their terms, but we do not permit them to use or share the data we submit with other third-party advertisers.
Opt out of Targeted Ads. You may control how participating Third-Party Ad Companies use the information that they collect about your visits to our Website, and those of third parties, in order to display more relevant targeted advertising to you; for more information and to opt-out go to:
Opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or “contextual” ads on our Service. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.
Do-Not-Track Requests. Certain state laws require that we indicate whether we honor “Do Not Track” settings in your browser. We adhere to the standards set out in this Policy and do not monitor or follow any Do Not Track browser requests.
The security of your Personal Information is important to us. We have put in place safeguards to protect the Personal Information we collect from unauthorized access, use and disclosure. However, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your Personal Information safe, such as closing your web browser when finished using the Service.
Our Service may contain links to various sites operated by third parties. This Policy does not apply to third party sites that are accessible through the Website, unless such site directs users or visitors to this Policy. 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.
Our Service does not address anyone under the age of 13 and we do not knowingly collect or maintain Personal Information online from children we actually know at the time of collection are under the age of 13. Should we discover that we have collected Personal Information online from a child who is under 13, we will promptly delete that Personal Information. If you have concerns over the collection of children’s Personal Information on the Website, please contact us at the information provided in the Contact Us section below. Although our Website is not directed to children under the age of 13, if your child uses our Service and we learn that we’ve collected the Personal Information of a child under the age of 13, we will take reasonable steps to delete the Personal Information. This may require us to delete the account for that child.
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply.
Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. We, and our service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Cancellation
Respond to any text received by us by texting the keyword STOP to cancel or click the unsubscribe link (where available) in one of our messages to cancel. After texting STOP or clicking the unsubscribe link (where available) you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword commands, and you agree that we and our service providers will have no liability for failing to honor such requests.
Depending on where you live, you may have certain rights, such as to request access to or correction of your Personal Information that we hold about you. To make a request, please see the Contact Us section below.
European Union and United Kingdom
The following additional information and rights only apply to personal information associated with users who visit the Website or purchase the Products from the European Economic Area (“EEA”), including those based in the United Kingdom.
Information Rights under GDPR
Your rights with respect to your own personal information include the following:
Information Uses and Legal Bases
We will only use your personal information under the circumstances permitted by the law or you.
Pursuant to GDPR, we will use your personal data in one or more of the following circumstances:
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INFORMATION USES |
INFORMATION PROCESSING LEGAL BASIS |
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Performance of any Contract between Us and You |
Where we need to perform the contract we are about to enter into or have entered into with you. |
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Providing Support and Services |
When it's necessary for us (or a third party) to process your personal data to:
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Improve our Services and Customization |
Where it is necessary for our legitimate interests (or those of a third party) to provide or improve the services, including our interest to provide you improved and personalized services, and where your interests and fundamental rights do not override those interests. |
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For Advertising, Marketing and Promotional Purposes where the law may or may not require us to collect your consent. |
The law requires us to collect your consent for marketing or advertising, for example, when we use cookies to understand your interests or the law requires consent for email marketing. Where we need your consent for the information use, we will seek your prior consent. We may use your personal data for our legitimate interests and where the law does not require your consent, for example, when we use your personal data to tailor advertising to your interests, provided that your interests and fundamental rights do not override those interests. |
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Communication |
Where you are a registered user, the information uses might be required to perform the contract with you. In other cases and where it is necessary for our legitimate interests (or those of a third party) to communicate with you and your interests and fundamental rights do not override those interests. Where we need your consent for the information use, we will seek your prior consent. |
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Comply with a request from law enforcement, courts or other competent jurisdictions |
When we must process your personal data to comply with a law and our legitimate interest. Our legitimate interest here includes assisting law enforcement authorities to prevent or detect serious crime. |
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Securing and Protecting Our Business |
Where it is necessary for our legitimate interests to protect our intellectual property and original content as well as to investigate and protect our Service, our Products and our users against fraud and illegal activity. |
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To establish, exercise or defend legal claims |
Where it is necessary for our legitimate interests to seek legal advice and protect ourselves, our users or others in legal proceedings. For example, if we are involved in litigation and we need to provide information to our lawyers in relation to that legal case. |
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Legal Compliance |
Where it is necessary to meet our legal obligations. This might be an obligation under the law of the country/region you are in. |
Canadian Residents
Where the Personal Information Protection and Electronic Documents Act (“PIPEDA”) applies, you have the right to:
United States Residents
US data protection laws grant California, Colorado, Connecticut, Nevada, Utah, and Virginia residents the following data rights:
You also have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You may submit such a request as described below. To protect our customers’ Personal Information, we are required to verify your identify before we can act on your request.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your Personal Information. You may also make a request to know or delete on behalf of your child.
Certain data protection laws limit the ability to make a request to know to twice within a 12-month period, and allow us to charge a reasonable fee for responding to numerous requests from the same user. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
California Residents
The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires specific disclosures for each category of Personal Information that we collect and may provide to others. Some of the ways in which we provide Personal Information to others may constitute “selling” or “sharing” for targeted advertising. The table below summarizes our general data handling practices which are more fully described in Sections 2, 3, and 4 of this Policy. We collect Sensitive Personal Information, such as your geolocation.
Categories of Personal Information We Collect
The CCPA requires specific disclosures for each category of Personal Information that we collect. The table below summarizes our general data handling practices which are more fully described in Sections 2, 3, and 4 of this Policy.
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CATEGORY OF PERSONAL INFORMATION |
CATEGORIES OF SOURCES FROM WHICH PERSONAL INFORMATION WAS COLLECTED |
BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING AND PROVIDING THE CATEGORY OF PERSONAL INFORMATION |
CATEGORIES OF THIRD PARTIES AND OTHER ENTITIES TO WHICH WE PROVIDE PERSONAL INFORMATION |
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Name, Contact Information, and other Identifiers: identifiers such as name, username, account name, address, phone number, email address, and online identifier. |
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Device Information: internet protocol (IP) address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens. |
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Communications: direct communication, web forms, or interactions with our posts. |
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Geolocation Data: precise location information about a particular individual or device, general location information (for example, your IP address may indicate your more general geographic region). |
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Audio, Video, and other Electronic Data: audio, electronic, visual, or similar information such as, photographs, audiovisual recordings, and call recordings. |
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Profiles and Inferences: inferences drawn from any of the information identified above to create a profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes. |
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Colorado, Connecticut and Virginia Residents
Colorado residents:
Office of the Attorney General
Colorado Department of Law
Ralph L. Carr Judicial Building
1300 Broadway, 10th Floor
Denver, CO 80203
(720) 508-6000
https://coag.gov/
Connecticut Residents:
Office of the Attorney General
165 Capitol Avenue
Hartford, CT 06106
Phone: (860) 808-5318
https://portal.ct.gov/AG
Virginia residents:
Office of the Attorney General
202 North 9th Street
Richmond, Virginia 23219
Phone: (804) 786-2071
https://www.oag.state.va.us/
Nevada Residents
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at hello@getairmoto.store with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.
Utah Residents
If you are a resident of Utah, you have the right to out of the processing of the personal data for purposes of (i) targeted advertising and (ii) the sale of personal data. We do not process your Personal Information for (i) targeted advertising or (ii) the sale of personal data.
We may update our Policy from time to time. If we make material changes to our privacy practices, an updated version of this Policy will reflect those changes. We will notify you of any changes by posting the new Policy on this page. If you continue to access or use the Service after being provided with the notice of updates, you acknowledge your acceptance of the updated Policy.
You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page.
Without prejudice to your rights under applicable law, we reserve the right to update and amend this Policy without prior notice to reflect technological advancements, legal and regulatory changes and good business practices to the extent that it does not change the privacy practices as set out in this Policy.
If you have any questions about this Policy, please contact us at:
