Last Updated: February 12, 2020
This Privacy Policy ("Policy") of SpaceLander, LLC ("SpaceLander") describes in greater detail the privacy practices of SpaceLander and its corporate affiliates, meaning companies related by common ownership or control ("us," "we," "our") responsible for collecting and maintaining certain information collected about you.
If you have questions or complaints regarding our Privacy Policy or practices, please contact us as detailed under the How to Contact Us heading below.
We participate in the E.U. - U.S. Privacy Shield Framework and comply with the Privacy Shield Principles. Click https://www.privacyshield.gov to learn more.
We take the privacy of our Customers and their downstream customers very seriously. We never share the information of our Customer's customers.
Last revision: February 12, 2020
Welcome, and thank you for your interest in SpaceLander.io ("SpaceLander", "SpaceLander.io", "we", "our", or "us") and our website at https://spacelander.io along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and SpaceLander.io regarding your use of the Service.
BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING SpaceLander.io'S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES SpaceLander.io MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND SpaceLander.io'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY SpaceLander.io AND BY YOU TO BE BOUND BY THESE TERMS.
Please read the SpaceLander.io Privacy Policy (https://spacelander.io/privacy) carefully for information relating to our collection, use, storage, disclosure of your personal information. The SpaceLander.io Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND SpaceLander.io ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
The Service provides a price management and insights tool that enables users to set up strategies to reprice their listings, in addition to other selling and analytics tools to help bolster users' profits.
You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity's behalf.
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@spacelander.io.
Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
SpaceLander.io reserves the right to determine pricing for the Service. SpaceLander.io will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: https://spacelander.io/pricing. SpaceLander.io may change the fees for any feature of the Service, including additional fees or charges, if SpaceLander.io gives you advance notice of changes before they apply. SpaceLander.io, at its sole discretion, may make promotional offers with different features and different pricing to any of SpaceLander.io's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
You authorize SpaceLander.io to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by SpaceLander.io, to the payment method specified in your account. If you pay any fees with a credit card, SpaceLander.io may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize SpaceLander.io to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. For information on the "Subscription Fee", please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your subscription settings at: https://app.SpaceLander.io/subscription and clicking on the "Cancel account" option.
SpaceLander.io may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
Subject to your complete and ongoing compliance with these Terms, SpaceLander.io grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant SpaceLander.io an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
The Service is owned and operated by SpaceLander.io. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service ("Materials") provided by SpaceLander.io are protected by intellectual property and other laws. All Materials included in the Service are the property of SpaceLander.io or its third party licensors. Except as expressly authorized by SpaceLander.io, you may not make use of the Materials. SpaceLander.io reserves all rights to the Materials not granted expressly in these Terms.
The Service may contain links to, or otherwise may allow you to connect to and use certain marketplaces, third party products, services or software under separate terms and conditions (collectively, "Other Services") in conjunction with Our Service. If you decide to access and use such Other Services, be advised that your use is governed solely by the terms and conditions of such Other Services, and we do not endorse, are not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle your data. SpaceLander.io is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Other Services, or your reliance on the privacy practices or other policies of such Other Services.
The Service may contain features that enable various Other Services to be directly integrated into your SpaceLander.io experience. To take advantage of these features, you will be required to register for or log into such Other Services on their respective websites. By enabling third party services within the Service, you are allowing SpaceLander.io to pass Your login information to these Other Services for this purpose.
SpaceLander.io uses third-party feeds and API's to send and receive information on your behalf. It is not uncommon for API's to experience slowdowns and cause delays in processing your changes. Under no circumstances will SpaceLander.io be held responsible for any issues or delays caused by third-party feeds or API's.
Certain features of the Service may permit users to upload content to the Service, including product listings and other content which may be comprised of data, images, text, and other types of works ("User Content") and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.
By providing User Content to or via the Service, you grant SpaceLander.io a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
SpaceLander.io disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize SpaceLander.io and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by SpaceLander.io, the Service, and these Terms;
b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause SpaceLander.io to violate any law or regulation;
c) your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment; and
d) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
BY USING THE SERVICE YOU AGREE NOT TO:
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 11.2.
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, SpaceLander.io may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting us at support@spacelander.io.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay SpaceLander.io any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 11.3, 12, 13, 14, 15 and 16 will survive.
SpaceLander.io reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. SpaceLander.io will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Premium service fees are not refundable.
You are responsible for your use of the Service, and you will defend and indemnify SpaceLander.io and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "SpaceLander.io Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right of publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. SpaceLander.io DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SpaceLander.io DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SpaceLander.io DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR SpaceLander.io ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SpaceLander.io ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
HOWEVER, SpaceLander.io DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT SpaceLander.io IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SpaceLander.io ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SpaceLander.io ENTITY HAS BEEN SpaceLander OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 15.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SpaceLander.io ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SpaceLander.io FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) REASONABLE SUM TO NOT EXCEED $500.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
In the interest of resolving disputes between you and SpaceLander.io in the most expedient and cost effective manner, and except as described in Section 15.2, you and SpaceLander.io agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SpaceLander.io ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and SpaceLander.io will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting SpaceLander.io. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). SpaceLander.io's address for Notice is: 2450 S 1630 E #131, St. George, UT 84790 The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or SpaceLander.io may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or SpaceLander.io must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, SpaceLander.io will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by SpaceLander.io in settlement of the dispute prior to the arbitrator's award; or (iii) $10,000.
If you commence arbitration in accordance with these Terms, SpaceLander.io will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the State of Utah, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse SpaceLander.io for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
YOU AND SpaceLander.io AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SpaceLander.io agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If SpaceLander.io makes any future change to this arbitration provision, other than a change to SpaceLander.io's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to SpaceLander.io's address for Notice of Arbitration, in which case your account with SpaceLander.io will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If Section 15.6 is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 16.1 will govern any action arising out of or related to these Terms.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and SpaceLander.io regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to". If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
These Terms are governed by the laws of the State of Utah without regard to conflict of law principles. You and SpaceLander.io submit to the personal and exclusive jurisdiction of the state courts and federal courts of the State of Utah for resolution of any lawsuit or court proceeding permitted under these Terms.
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The Service is offered by SpaceLander.io located at 2450 S 1630 E #131, St. George, UT 84790. You may contact us by sending correspondence to that address or by emailing us at support@spacelander.io. You can access a copy of these Terms at: https://spacelander.io/terms.
The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
These Terms are effective as of February 12, 2020.
This Policy applies to our sites, products, and services (collectively, "Services") that link to this Policy. SpaceLander is the controller of all Personal Information subject to this Policy for our Services. If a Service you use links to this Privacy Policy, this Policy applies to you.
We want to be clear about what information we collect and how we use it to deliver our Services to you, operate our business, and make our Services work better for you. This Privacy Policy describes how we collect, use, share and secure the information that you provide which can be used to identify you and that is shared with us ("Personal Information"). It also describes your choices regarding use, access and correction of your Personal Information. We do not sell or share your Personal Information with third parties for their own commercial uses, if you have opted out of such sharing.
a) Types of Information We Collect. In connection with access to our Services, we may collect Personal Information, such as your name, shipping/billing address, email address, phone, credit card/bank account number, username and password.
We collect or otherwise receive information when you register or open an account, sign in, pay fees, purchase or otherwise use a Service, call us for support, or give us feedback. We may also obtain information from other companies or third parties, such as when you synchronize a third party account or service with your SpaceLander Account, or when we may use service providers to supplement the Personal Information you give us (e.g., validate your mailing address) to help us maintain the accuracy of your data and provide you with better service. We may collect content or other information that you may provide or create when you interact with our Services.
We may automatically collect certain usage information when you access our Services ("Usage Data"), such as Internet Protocol ("IP") addresses, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with our Services, and other usage information collected from cookies and other tracking technologies. For example, we may collect IP addresses to track and aggregate retained in pseudonym form (replacing any directly identifying characteristics of personal information, to monitor the locations from which users navigate to our Services. We may also collect IP addresses from users when they log into the Services as part of our log-in and security features. We may also, when you enable location-based Services, collect Global Positioning System (GPS) location data and/or motion data.
Our Services may change over time and we may introduce new features that may collect new or different types of information.
b) How We Use Your Information. We may use your information, including your Personal Information, for the following purposes:
Account Registration. We may use your name, address, phone number, billing information, and email address to register your account for certain Services we provide and to communicate important information to you. We may obtain additional Personal Information about you, such as address change information, from commercially available sources, to keep our records current. If you establish an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your Personal Information. Please be careful to whom you grant administrator access to, as you are responsible for their actions.
To Provide Our Services and Operate Our Business. We may use your information to operate our business, including providing Services you requested, provide you with support related to our Services, and to help us protect our Services, including to combat fraud and protect your information.
Customer Service and Technical Support. We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to resolve questions you may have about our Services and to follow up with you about your experience. We also offer various Internet chat services, for example, to speak with a SpaceLander customer support representative. Internet Chat transmissions are encrypted, but you should not supply more Personal Information than is required to address your specific issue. A transcript of the session may be retained to resolve questions or issues related to our Services.
Communicate with You and Tell You About Other Services. We may use your information to communicate with you about our Services and to give you offers for third party products and services that we think may be of use to you. Please see below under "What You Can Do to Manage Your Privacy" for the choices you have regarding these communications.
To Improve Services and Develop New Services. We will use your information to personalize or customize your experience and the Service, develop new features or services, and to improve the overall quality of SpaceLander's Services.
Feedback. We may use any information you volunteer in surveys you answer for us and combine them with answers from other customers in order to better understand our Services and how we may improve them. Answering any survey is optional.
c) How We Share Your Personal Information. From time to time, we may need to share your Personal Information with others.
Third Party Service Providers. We may share your information, including Personal Information and Usage Data, with third party service providers who perform various functions to enable us to provide our Services and help us operate our business, such as website design, sending email communications, telephone communication, SMS (text messaging), advertising, fraud detection and prevention, customer care, third party surveys or performing analytics. These companies are authorized to use your personal information only as necessary to provide these services to us. Our contracts with these third parties require them to maintain the confidentiality of the Personal Information we provide to them, only act on our behalf and under our instructions, and not use Personal Information for purposes other than the product or service they're providing to us or on our behalf.
United States Postal Service (USPS). SpaceLander is regulated by the USPS. As part of the regulatory relationship, SpaceLander collects certain information about you on behalf of the USPS. The USPS also may send us tracking data from their scans of your mail and packages in the mailstream. Our uses for the data include informing you about the status of your mail and packages through options like USPS Tracking, fraud detection and aggregating the data to help the USPS and us provide you better service. To learn more about USPS postage technology and SpaceLander's relationship with the USPS, please visit the USPS Postage Solutions page. Information collected on behalf of USPS is used for the regulatory oversight function of USPS and is not used for other purposes.
As part of SpaceLander providing services of the USPS, the USPS requires that you agree to the USPS Privacy Act Statement and to provide information about yourself that will be maintained in a Privacy Act System of Records by the Postal Service. Privacy Act Statement: Your information will be used to facilitate the purchase of USPS postage and fulfill transactional reporting requirements for USPS postage systems. Collection is authorized by 39 U.S.C. 401, 403, and 404. Providing the information is voluntary, but if not provided, your transaction may not be processed. The Postal Service does not disclose your information to third parties without your consent, except to facilitate the transaction, to act on your behalf or request, or as legally required. This includes the following limited circumstances: to a congressional office on your behalf; to financial entities regarding financial transaction issues; to a US Postal Service (USPS) auditor; to entities, including law enforcement, as required by law or in legal proceedings; and to contractors and other entities aiding us to fulfill the Service (service providers). For more information regarding our privacy policies, visit www.usps.com/privacypolicy.
For more information regarding other specific carriers you may use via our Services, please see the privacy policies provided by each specific carrier you select.
Use of carrier services via our platform is at your own risk. We are not responsible for your use of carrier services. Your use of carrier services is as a direct customer of the specific carrier of your choosing and you agree to be bound by the terms and conditions of that carrier for use of services. By providing information to certain carrier services, you understand and consent to the collection, use, processing disclosure and transfer of such information and which they may have different data protection practices. Your interactions with these service carriers are governed by each carrier's privacy policy.
Response to Subpoenas and Other Legal Requests. We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief that we are required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request. Please see our obligations as they relate to European Union data subjects, in our Privacy Shield certification (discussed below).
Protection of SpaceLander and Others. We may share account information, Personal Information and Usage Data when we believe it is appropriate to enforce or apply our products' Terms of Service and other agreements; or protect the rights, property, or safety of SpaceLander, our Services, our users, or others. For example, this includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing Personal Information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.
Information Sharing Between SpaceLander Entities. We share your information, including your Personal Information, with and among our subsidiaries, except where prohibited by law. Subsidiaries means companies related by common ownership or control. The reasons why we share your information include for our everyday business purposes, such as to: process your transactions, maintain your accounts, operate our business, etc. We may also share information about your transactions and experience so that we can operate our business effectively, detect and prevent fraud, and improve our Services.
Sharing with Third Parties Generally. SpaceLander may share certain information with carefully selected third parties that will allow them to mail you promotional materials about quality goods and services (including special offers and promotions) that may be of interest to you. The information shared will not include your e-mail address; your phone number; any information related to your postage, mailing activity or postage meter license; or any information related to your customers or address lists. You may contact SpaceLander at any time to request that your information not be shared with such third parties, or when you register with SpaceLander, or by accessing the opt-out link in any email communication from SpaceLander or by clicking here.
Information about European Union data subjects will not be shared unless they have opted-in to such sharing.
Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you wish to stop receiving promotional information following any change of control.
With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your Personal Information may be shared with other third parties.
d) Syncing, Linking, Connecting Other Third Party Services with Your SpaceLander Service.
We work with other companies or developers to offer you products and services and you may choose to sync, link or connect other third party services with your SpaceLander Service. Sometimes SpaceLander may let you know about the service or product, or another company may let you know about a SpaceLander service or product. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your Personal Information, as well as information about how you interact with each provider's service or product. This exchange of information is necessary to maintain business operations and to provide the ongoing service that you have requested. By requesting or accepting these products or services, you are permitting us to provide your information, including your Personal Information, to the other party. Prior consent from European Union data subjects would be required prior to offering any information discussed in this section.
You can view and edit information that identifies you online through your SpaceLander Service. How you can access and control information that identifies you will depend on which Services you use. You have a choice about the use of information that identifies you, marketing communications you receive from us, and our use of cookies and other tracking technologies.
a) Updating Your Personal Information. In connection with your right to manage your Personal Information you provide to us, you may access, update, change, correct or request deletion of your information either through the Service or through our customer support. You can reach our customer support by using the contact information provided in the "How to Contact Us" section of this Policy. We will respond to your request within a reasonable timeframe.
b) Managing Marketing Communications From Us. We will honor your choices when it comes to receiving marketing communications from us.
You have the following choices if you have been receiving marketing communications from us that you no longer wish to receive:
European Union data subjects will only receive marketing communications from SpaceLander or Third Parties, if they affirmatively opt-in to such communication, upon initiating service or at another time.
c) Cookies and Other Tracking Technologies. Generally we use these tracking technologies to:
If you are uncomfortable having a cookie placed on your system, you may elect to turn off the cookie or delete existing cookies in your browser. If you turn off or delete the SpaceLander cookie, you may not be able to receive special offers or personalized content from SpaceLander.
Technologies such as cookies, or similar technologies, are used by SpaceLander and our partners (e.g. network advertising partners), affiliates, or analytics or service providers (e.g. online customer support providers). These technologies are used in analyzing trends, administering the site, tracking user movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
European Union data subjects will only have cookies places on their system if they affirmatively opt-in to such tracking. European Union data subjects may visit http://www.youronlinechoices.eu/ to understand more about Cookies and other tracking technologies in each European Union countries.
Customers in Canada may visit http://youradchoices.ca/ to understand more about Cookies and other tracking technologies in Canada.
Click here to opt out of targeted ads on Facebook.
Click here to opt out of Google Analytics for display advertising or to customize Google Display Network ads.
Please note that even if you opt-out of such Cookies or otherwise opt-out of interest based advertising, you will still receive advertisements, they just will not be tailored to your interests. Also, if you opt-out and later delete your Cookies, use a different browser, or buy a new computer, you may need to renew your opt-out choices.
d) Do Not Track. Our Services are not currently configured to respond to browsers' "Do Not Track" signals because at this time no formal "Do Not Track" standard has been adopted. However, the practices of our partners and other third-party providers may change as a result of this feature being utilized. Click here for more information on "Do Not Track."
e) Social Media Features. Our Services may use social media features, such as Facebook sharing ("Social Media Features"). These features may collect your IP address and which page you are visiting within our Service, and may set a cookie to enable the feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing the relevant Social Media Features.
a) Data Retention. In accordance with and as permitted by applicable law and regulations, we will retain your information as long as necessary to serve you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business. When you close your account, we may continue to communicate with you about our Services, give you important business updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications. We may also continue to use some of your information for business purposes and to improve our offerings or in some cases to develop new ones. We will retain and use your information as required by applicable regulations and SpaceLander's records and information management policies to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions and for the detection and prevention of fraud.
b) Your Access Rights. Upon request and as required by applicable law, you may contact SpaceLander to confirm whether we maintain, or process on behalf of a third party, and of your Personal Information and to review it in order to verify its accuracy and the lawfulness of our processing of such Personal Information. Where you have determined that the Personal Information we collected about you is inaccurate or processed in violation of applicable law you may also request that your Personal Information be corrected, amended, or deleted. Requests for access to your Personal Information and to have it corrected, amended, or deleted should be sent to support@spacelander.com or to the mailing address provided under "How to Contact Us."
EU data subjects have certain rights to access Personal Information about them, and to limit use and disclosure of their Personal Information. With our Privacy Shield certification (discussed below in Section 7), SpaceLander has committed to respect those rights. If you wish to request access, to limit use, or to limit disclosure, please contact us at privacy@SpaceLander.com or the mailing address provided under "How to Contact Us" and please provide the name of the SpaceLander customer who submitted your Personal Information to our services.
Keeping your Information safe is important to us. You can find out more about keeping your personal information safe while on line from the U.S. government here. We provide reasonable and appropriate security measures in connection with securing Personal Information we collect. Though no method of transmission over the Internet, or method of electronic storage, is 100% secure.
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category D: Commercial Information.
Category F: Internet or other similar network activity
Category G: Geolocation data.
We disclose your personal information for a business purpose to the following categories of third parties:
To improve our services, we have provided limited identifiers (including name and postal address) and limited commercial information to our parent company. The actions taken by us may be considered a "sale" under the CCPA, but we received no monies for providing said information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Only you or a person having the legal authority to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We may be unable to 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. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Changes to Our Privacy Addendum
We reserve the right to amend this privacy addendum at our discretion and at any time. When we make changes to this privacy addendum, we will notify you by email or through an addendum on our website homepage.
Contact Information
If you have any questions or comments about this addendum, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Email Address:
support@spacelander.com