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n with third parties to perform services on our behalf when we share personal information received under the eu us dpf uk extension and the swiss us dpf with a third party the third party s access to and use and disclosure of such personal information must also comply with our obligations under the data privacy framework we will remain liable under the data privacy framework for any failure to do so by such a third party unless we can demonstrate that we are not responsible for the event giving rise to the damage we are subject to the investigatory and enforcement powers of the federal trade commission ftc note that we may be required to disclose personal information related to you in response to lawful requests by public authorities including to meet national security or law enforcement requirements information security we and our hosting services implement systems applications measures safeguards and procedures to secure personal information to minimize the risks of theft damage loss of information or unauthorized access or use of personal information these measures provide sound industry standard security although we make efforts to protect your privacy we cannot guarantee that the services will be immune from any wrongdoings malfunctions unlawful interceptions or access or other kinds of abuse and misuse changes to this privacy policy from time to time we will update this policy if the updates have minor if any consequences or if they are mandated by applicable laws they will take effect immediately or as required after we post a notice on the service s website or send the notice through email substantial changes will be effective 30 days after we initially posted the notice until the updated policy takes effect if it materially reduces the protection of your privacy rights under the then existing policy you can choose not to accept it and terminate your use of the services continuing to use the services after the updated policy takes effect means that you acknowledge our updated practices and agree to them contact us we conduct periodical assessments of our data processing activities and privacy practices to make sure that we comply with this policy to update the policy when we believe that we need to and to verify that we display the policy properly and in an accessible manner if you have any concerns about the way we process personal information please contact our privacy team at privacy cloudinary com or write to us our address is published on our website at www cloudinary com and indicated in your subscription agreement processing personal information under eu data protection laws if eu data protection laws apply to the processing of personal information by cloudinary we provide the following information in addition to the general information of the policy if you are a data controller then for the purposes of uploaded content cloudinary acts as a data processor and cloudinary s data processing agreement applies to such processing lawful grounds for processing where we process personal data related to you as a data controller the processing is based on the following lawful grounds we process your account and payment details on the basis of our legitimate interests for the proper operation of and charging for the services we also contact you when necessary send you reminders and provide you with information and notices about the service on the basis of our legitimate interests in maintaining ongoing and proper contact with users of the service we process your inquiry or support request on the basis of our legitimate interests in addressing actual and prospective user requests we send you commercial and marketing information about our service and services related to the cloudinary platform on the basis of your consent where legally required or on the basis of our legitimate interests in our business development we will process personal data to comply with a legal obligation to protect our legitimate interests in safeguarding the service and our business and to protect your and others vital interests these are the legal bases we rely on when we use your personal information to enforce our terms policies and legal agreements to comply with court orders and warrants and assist law enforcement agencies to collect debts prevent fraud misappropriation infringements identity theft and any other misuse of the service and to take any action in any legal dispute or proceeding we process your webinar conference event or demo request information on the basis of our legitimate interests in facilitating your request to participate in the webinar conference event or demo we rely on our legitimate business interests in operating maintaining and promoting the services which we believe are not overridden by your fundamental rights and freedoms for the following purposes cybersecurity enhancements and improvements to your and other users experience with the website and services your rights under eu data protection laws in addition to your rights under other sections in this policy you have the following rights at any time contact us if you want to withdraw your consent to the processing of personal information which is based on consent exercising this right will not affect the lawfulness of processing based on consent before its withdrawal request to delete or restrict access to personal information we will review your request and use our discretion pursuant to the provisions of the applicable law to reach a decision about your request and respond to it if you exercise one or more of the above mentioned rights in accordance with the provisions of applicable law you may request to be informed that third parties that hold personal information in accordance with this policy will act accordingly you may ask to transfer personal information in accordance with your right to data portability you may object to the processing of personal information for direct marketing purposes additional information about this right is available under the choice section in this policy you have the right not to be subject to a decision based solely on automated processing including profiling which produces legal effects concerning you or similarly significantly affecting you you have a right to lodge a complaint with a data protection supervisory authority of your habitual residence place of work or of an alleged infringement of the gdpr a summary and further details about your rights under eu data protection laws is available on the eu commission s website at https ec europa eu info law law topic data protection reform rights citizens_en request to exercise your rights note that when you send us a request to exercise your rights we will need to reasonably authenticate your identity and location we will ask you to provide us credentials to make sure that you are who you claim to be and will further ask you questions to understand the nature and scope of your request if we need to delete personal information following your request it will take some time until we completely delete residual copies of personal information from our active servers and from our backup systems if you have any concerns about the way we process personal information you are welcome to contact our privacy team and our eu and uk representatives at privacy cloudinary com we will look into your inquiry and make good faith efforts to respond promptly processing personal information under us consumer privacy laws this section of the policy applies solely to users of our service who reside in the state of california and other applicable us states this chapter supersedes any contradicting provisions under the other sections of the policy this chapter also serves as a notice at collection the categories of personal information that we collect and their business purposes in the preceding twelve 12 months we have collected the following categories of personal information identifiers and personal information categories listed in the california customer records statute cal civ code 1798 80 e such as name email address and ip address commercial information such as payment details internet or other similar network activity imprecise location data if you use the cloudinary media management platform service as an individual user and not on behalf of a business then we will collect and process any personal information embedded in the content that you upload to the platform inferences drawn from other personal information in the preceding twelve 12 months we have processed the personal information for the following business or commercial purposes business development helping to ensure security and integrity of the service administering the business and professional services relationship with customers and facilitating the provision of support to customers facilitating the provision of the services and support for the services responding to handling and mitigating suspected violations of law in connection with our business categories of sensitive personal information our services are not intended for sensitive personal information we do not knowingly collect sensitive personal information and we require you not to use our services or provide us with any such information we do not collect or process sensitive personal information for the purpose of inferring characteristics about you and we do not sell sensitive personal information or share sensitive personal information for cross context behavioral advertising for the purpose of applicable laws under this section of the policy sensitive personal information means a consumer s social security driver s license state identification card or passport number a consumer s account log in financial account debit card or credit card number in combination with any required security or access code password or credentials allowing access to an account a consumer s precise geolocation a consumer s racial or ethnic origin religious or philosophical beliefs or union membership the contents of a consumer s mail email and text messages unless we are the business that is the intended recipient of the communication a consumer s genetic data the processing of biometric information for the purpose of uniquely identifying a consumer personal information collected and analyzed concerning a consumer s health personal information collected and analyzed concerning a consumer s sex life or sexual orientation categories of sources for personal information collection and disclosure we obtain the personal information directly from you from your services activities from third parties such as event organizers data providers and publicly available resources in the preceding twelve 12 months we have disclosed the categories of personal information as listed below for the business purposes indicated categories of personal information categories of third parties to whom we disclose your information and the specific business or commercial purpose for the disclosure identifiers law enforcement courts and other agencies authorities and other relevant entities we will comply with court orders search warrants regulatory orders and subpoenas and provide information in response to lawful requests by public authorities including to meet national security or law enforcement requirements we will also report uploaded content and shared personal information if we have a good faith belief that the content or the sharing of the content is illegal abusive or violates third party rights other entities as part of a merger acquisition or any other corporate structural change other information that identifies relates to describes or is capable of being associated with the individual commercial information internet or other electronic network activity information imprecise geolocation data inferences drawn from other personal information selling and sharing personal information we do not sell or share personal information as these terms are defined under applicable laws however we engage third parties to provide us with services such as analytics marketing automation and user experience and allow them to collect personal information on our website and services we do not knowingly sell or share the personal information of consumers under 16 years of age in the preceding twelve 12 months we have not sold personal information or shared personal information for cross context behavioral advertising your rights under us consumer laws you are entitled to the following specific rights under the california consumer privacy act ccpa the california privacy rights act cpra and other us state consumer privacy acts as applicable in relation to personal information you have a right to know what personal information we have collected about you you can request that we will disclose certain information to you about our collection and use of personal information over the past 12 months after verifying your request we will disclose to you the categories of personal information we collected about you the categories of sources for the personal information we collected about you our business or commercial purpose for collecting that personal information the categories of third parties with whom we share personal information the specific pieces of personal information we collected about you if we disclose personal information for a business purpose we will provide you with a list which will identify the personal information categories that each category of recipient obtained you have a right to correct inaccurate personal information that we maintain about you you have a right to delete personal information that we have collected from you subject to certain exceptions for guidance about your opt out options please review our cookies and similar tracking technologies policy you can also request to opt out by contacting us at privacy cloudinary com we do not knowingly use or disclose sensitive personal information we will process such information only if you violate our terms of use and the terms of this policy and upload sensitive personal information to our cloudinary media management platform service or otherwise provide us with such information if we hold such information we will use and disclose it for reasons under applicable law that do not require us to provide you a right to limit the use of the sensitive personal information that said you can contact our privacy team at privacy cloudinary com with requests or inquiries related to sensitive personal information that may reside on our systems we will not discriminate against you and you will not be retaliated against because you have requested to exercise any of the rights under this section of the policy including but not limited to by denying you from goods or services charging different prices or rates for the services including through the use of discounts or other benefits or imposing penalties providing a different level or quality of the services to you suggest...
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