Terms of Use & Privacy Policy

 

SETSAIL TECHNOLOGIES, INC.
TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

Effective date:  July 16, 2019

Welcome to SetSail.co (the “Site”), owned and operated by SetSail Technologies, Inc. (“SetSail,” “we,” or “us”).  By using this Site, you agree to these terms and conditions of use (the “Terms”); if you do not agree, you may not use the Site.  SetSail may modify the Site and/or these Terms from time to time without notice to you, except that if SetSail makes material changes to these Terms, we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means.  By using the Site following any modifications to the Terms, you agree to be bound by the modified Terms.  The Terms do not govern use of any of SetSail’s services, which are subject to a separate services agreement to be signed between any user of the services and SetSail.

  1. Use of the Site.  You must be at least 16 years old to use our Site. We do not knowingly collect or solicit personally identifiable information from individuals under 16. If you are under 16, please do not attempt to use the Site or send any personal information about yourself to us. If we learn we have collected personal information from an individual under 16, we will delete that information as quickly as possible. You will comply with all applicable laws, rules and regulations in connection with your use of the Site.  You will not violate or attempt to violate the security of the Site or SetSail’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network.  You may not “crawl,” “scrape,” or “spider” any portion of the Site (through use of manual or automated means).
  2. Information Not Confidential.  If you choose to contact any SetSail personnel using the contact information you find on the Site, you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary.  SetSail undertakes no obligation to review information submitted by you, or to return such information to you.  
  3. SetSail Proprietary Rights.  The Site, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of SetSail or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws.  You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without prior written consent from SetSail.  SetSail grants you a limited, personal, non-exclusive, non-transferable license to access the Site, and to use the Content, solely for personal, internal and non-commercial purposes.  SetSail (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.  

Without limiting the foregoing, as between you and SetSail, SetSail is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”).  Nothing on the Site should be construed to grant any license or right to use any SetSail Mark. You may not use or exploit any Marks without prior written consent from SetSail.

  1. Privacy Policy.  The Site may contain a feature that permits you to provide us with your email address or send us an email message.  The contents of any such message will be treated in accordance with Section 2, but we will only use your email address to send you messages regarding SetSail’s business; if you do not want to receive further emails from us, please click the “unsubscribe” link in any such message.  SetSail will also collect information during your visit to the Site through automatic data collection tools, including cookies, such as your IP address and clickstream behavior).  SetSail may freely use this information for its business purposes, and may disclose such information, in a form that does not personally identify you, to any other person or entity.  We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize SetSail website content and advertising to deliver a better experience to our users.  SetSail may also share any information (personally identifiable or otherwise) it may have collected if SetSail believes it is necessary to (a) comply with law or court order or (b) protect and/or defend SetSail’s rights, safety, or property, or those of any other person or entity.  If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information collected as described in this Privacy Policy could be one of the assets transferred to or acquired by a third party.  The Site is not directed to children and if you are under 16, you may not provide SetSail with any personally identifiable information about you whatsoever.  If SetSail discovers it has collected any personally identifiable information regarding a child under 16, without verifiable parental consent in accordance with the Children’s Online Privacy Protection Act, SetSail will immediately delete such information.
  2. Links from and to the Site.  The Site may contain links to third party websites (“Third Party Sites”).  Third Party Sites are not reviewed, controlled or examined by SetSail in any way and SetSail is not responsible for any content contained therein.  These links do not imply SetSail’s endorsement of or association with any Third Party Site.  SetSail is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites.
  3. Disclaimer of Warranties.  THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SETSAIL (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED.  NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO CONTENT CAN OR SHOULD BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND (INCLUDING BUSINESS, INVESTMENT, ACCOUNTING, TAX, AND/OR LEGAL ADVICE).
  4. Limitation of Liability.  TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL  SETSAIL, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “SETSAIL PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY SETSAIL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT WILL THE TOTAL LIABILITY OF ANY SETSAIL PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.  
  5. General Information.  These Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof.  In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco County, California.  The failure of SetSail to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You may not assign these Terms or transfer any of your rights or obligations hereunder without SetSail’s express written consent.  These Terms inure to the benefit of SetSail’s successors, assigns and licensees.  These Terms are the entire agreement between you and SetSail with respect to the subject matter herein.

EU Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.  SetSail will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this section and any other provision of these Terms, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@setsail.co.  Note that we may also process Personal Data of our customers’ employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

What Personal Data Do We Collect From You? We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Site.

Information we collect directly from you:  We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following: 

  • First and last name 
  • Company name
  • Job title 
  • Work email address

Information we automatically collect when you use our SiteSome Personal Data is automatically collected when you use our Site, such as the following:

  • Location information (e.g. anonymized IP address) 
  • Web browser information
  • Usage information 
  • Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.) 
  • Location information (e.g. IP address, zip code) 
  • Log data (e.g. access times, hardware and software information)

How Do We Use Your Personal Data?  We process Personal Data to operate, improve, understand and personalize our Site and SetSail’s services.  For example, we use Personal Data to:

  • Respond to your inquiries for more information about SetSail’s services (only upon your specific request)
  • Analyze performance to improve our products and services 
  • Comply with our legal or contractual obligations

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity:  We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to provide you with more information about our services.  When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to obtain additional information that require such data.

  • First and last name
  • Company name
  • Job title
  • Work email address

Legitimate Interest:  We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.

  • IP address
  • Web browser information
  • Usage information
  • Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.)
  • Location information (e.g. IP address, zip code)
  • Log Data

Examples of these legitimate interests include:

  • Operation and improvement of our business, products and services
  • Compliance with legal obligations

Consent:   In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data.  When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. You can withdraw your consent any time by contacting us at privacy@setsail.co.

Other Processing Grounds:  From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects (for example, if there is a perceived threat of harm to a person), or if it is necessary for a task carried out in the public interest.

How and With Whom Do We Share Your Data?  We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in these Terms. These parties are listed at www.setsail.co/setsail-subprocessors and include:

  • Analytics service providers
  • Hosting service providers
  • Email service providers

We also share Personal Data when we believe it is necessary to:

  • Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
  • Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications 

Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

How Long Do We Retain Your Personal Data?  We retain Personal Data about you for as long as is necessary to fulfill the purposes outlined in these Terms.  In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What Security Measures Do We Use?  We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, we use industry standard encryption for data in transit and at rest. Access to our systems and your data is restricted only to those who need access in order to support the service and our customers. We also take measures to ensure service providers that process personal data on our behalf also have appropriate security controls in place.

Personal Data of ChildrenAs noted above, we do not knowingly collect or solicit Personal Data from anyone under the age of 16.  If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us.  If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at privacy@setsail.co.

What Rights Do You Have Regarding Your Personal Data?  If you are a resident of the EU, United Kingdom, Lichtenstein, Norway, or Iceland, you have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please email privacy@setsail.co. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Access:  You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.

Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data by emailing us at privacy@setsail.co.

Erasure: You can request that we erase some or all of your Personal Data from our systems.

Withdrawal of Consent: You may decline to provide such consent, please note, however, that if you exercise this right to decline to provide consent, you may not be able to communicate with us to find out more about SetSail’s services.

Portability:  You can ask for a copy of your Personal Data in a machine-readable format. 

Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.

Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.

Right to File Complaint:  You have the right to lodge a complaint about SetSail’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Transfers of Personal Data: The Site is hosted and operated in the United States (“U.S.”) through SetSail and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Site, and providing your information, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to SetSail in the U.S. and will be hosted on U.S. servers. You hereby consent to and authorize SetSail to transfer, store and process your information to and in the U.S., and possibly other countries.

What If You Have Questions Regarding Your Personal Data?  If you have any questions about this section or our data practices generally, please contact us at privacy@setsail.co or using the following information:

SetSail Technologies, Inc.
400 Concar Dr
San Mateo, CA 94402