Effective date: October 19, 2018
TenthDegree Technologies, LLC ("us", "we", or "our") operates the http://tenthdegreetech.com website (hereinafter referred to as the "Service").
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from http://tenthdegreetech.tech
Service
Services as described at http://tenthdegreetech.com website operated by TenthDegree Technologies, LLC
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small files stored on your device (computer or mobile device).
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
TenthDegree Technologies, LLC uses the collected data for various purposes:
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
TenthDegree Technologies, LLC will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
Under certain circumstances, TenthDegree Technologies, LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
TenthDegree Technologies, LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Payment processing services for TenthDegree Technologies, LLC are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a client on TenthDegree Technologies, LLC, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of TenthDegree Technologies, LLC enabling payment processing services through Stripe, you agree to provide TenthDegree Technologies, LLC accurate and complete information about you and your business, and you authorize TenthDegree Technologies, LLC to share it and transaction information related to your use of the payment processing services provided by Stripe. To provide you the Platform Services, you agree to input into the TenthDegree Technologies, LLC your customer’s credit, debit, transaction or any other card payment details (Card Details) by manual or other means, including but not limited to ‘near-field-communication’ technology. You agree that Card Details are processed by Stripe as a Card Not Present (CNP) transaction and acknowledge that you may be wholly responsible for any fraudulent misuse of Card Details by your customers. You also agree to provide other data such as your customer’s name, email address, time and sum of transaction (Data). The Card Details and Data are securely encrypted and transmitted to Stripe by TenthDegree in accordance with a Connect Platform Agreement (https://stripe.com/us/connect/legal) between TenthDegree and Stripe and TenthDegree’s Privacy Policy. In order for TenthDegree to provide you with the Platform Services, you agree to create a standalone, or utilize your existing, Connected Account with Stripe, consistent with Standard Onboarding as that term is used in the Connect Platform Agreement. You must agree to the Stripe Connected Account Agreement prior to using your Connected Account with Stripe and the TenthDegree Technologies, LLC with TenthDegree. In creating a Connected Account, it is your responsibility to provide sufficient data to enable Stripe to validate your account. TenthDegree will not prepopulate any data on your behalf. TenthDegree will only engage in Activity on your Connected Account to the extent that it is doing so as an agent on behalf of the Connected Account (as a merchant payee) for the limited purpose of processing or acceptance of payments using the Stripe Service. You have read and agree that the terms of this EULA and the documents listed below, which are incorporated herein by reference (Terms), govern your access to and use of the TenthDegree Technologies, LLC: Pay Now’s Privacy Policy; Stripe’s Merchant Services Agreement (https://stripe.com/us/legal#section_a); Stripe’s Connect Account Agreement (https://stripe.com/us/connect-account/legal) Stripe’s Connect Platform Agreement https://stripe.com/us/connect/legal; Stripe’s Privacy Policy (https://stripe.com/us/privacy) and any other document that may be referred to within all those documents listed above.
By downloading, installing or using TenthDegree Technologies, LLC software you acknowledge and agree, in addition to the above, that:
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyse the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Our Service may contain links to other sites that are not operated by us. If you click 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 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
IF YOU DO NOT AGREE TO BE BOUND BY ABOVE TERMS (AS DESCRIBED IN FURTHER DETAIL BELOW) YOU MAY NOT USE, DOWNLOAD, OR INSTALL THE TenthDegree Technologies, LLC. MODIFICATION OF THE EULA.
TenthDegree reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If TenthDegree materially modifies this EULA it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the TenthDegree Technologies, LLC or the Service for the first time after such material changes are made. By continuing to use the TenthDegree Technologies, LLC after TenthDegree has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to discontinue the use of and uninstall the TenthDegree Technologies, LLC. This Agreement will also govern any software upgrades and/or updates provided by TenthDegree that upgrade and/or supplement the TenthDegree Technologies, LLC, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will TenthDegree Technologies, LLCly. LIMITED LICENSE. We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Conditioned upon your compliance with the terms and conditions of this EULA, TenthDegree hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the TenthDegree Technologies, LLC solely for your personal use on a device (whether computer, tablet, mobile device or other) owned or controlled by you. TenthDegree reserves all rights in the TenthDegree Technologies, LLC not expressly granted to you in this EULA. USE RESTRICTIONS. You may not use the TenthDegree Technologies, LLC in any manner that could: (i) damage, disable, overburden, or impair the TenthDegree Technologies, LLC (or any server or networks connected to the TenthDegree Technologies, LLC), or (ii) interfere with any third party’s use and/or enjoyment of the TenthDegree Technologies, LLC (or any server or networks connected to the TenthDegree Technologies, LLC). Except as expressly specified in this EULA, you may not: (a) copy or modify the TenthDegree Technologies, LLC; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the TenthDegree Technologies, LLC to any third party; or (c) use the TenthDegree Technologies, LLC in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You agree and permit TenthDegree to take all reasonable steps to ensure that you do not use Stripe Service in violation of the Stripe Services Agreement or for any activity that is expressly prohibited, including those activities listed at Prohibited Businesses List (https://stripe.com/prohibited_businesses). You acknowledge and agree that portions of the TenthDegree Technologies, LLC, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of TenthDegree and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the TenthDegree Technologies, LLC provided in object code or any other TenthDegree products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. RESERVATION OF RIGHTS. The software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code and all other elements of the TenthDegree Technologies, LLC (the “TenthDegree Materials”), are protected by copyright laws of various jurisdictions, and all other relevant intellectual property and proprietary rights, and TenthDegree Technologies, LLClicable laws. All TenthDegree Materials, including intellectual property rights therein and thereto, are the property of TenthDegree or its subsidiaries or affiliated companies and/or third-party licensors. TenthDegree reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest to the TenthDegree Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA. TERM AND TERMINATION. This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling and discontinuing your use of the TenthDegree Technologies, LLC.
TenthDegree may terminate support of the TenthDegree Technologies, LLC and/or this EULA, or limit or terminate your access to the TenthDegree Technologies, LLC at any time for any reason. Sections entitled Reservation of Rights, Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of this EULA. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. THE TenthDegree Technologies, LLC IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY TenthDegree Technologies, LLCLICABLE LAW, TENTHDEGREE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. TENTHDEGREE EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE. LIABILITY WAIVER. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL TENTHDEGREE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND ANY INFORMATION AVAILABLE THEREON, EVEN IF TENTHDEGREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL TENTHDEGREE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT OR TORT, EXCEED FIVE DOLLARS ($5). INDEMNIFICATION. To the maximum extent permitted by law, you agree to defend, indemnify and hold TenthDegree and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable legal fees) arising from or incurred as a result of your use of the TenthDegree Technologies, LLC or any breach by you of this EULA. MISCELLANEOUS. (a) This EULA and all the policies referenced herein constitute the entire agreement between TenthDegree and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of TenthDegree. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of the State of Western Australia and where TenthDegree Technologies, LLC resides regardless of your country of origin or where you access the Services, and without regard to its conflicts of laws provisions or the United Nations Convention for the International Sale of Goods; (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unlawful, void or unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. (f) You may not assign your rights under this EULA to any party without TenthDegree Technologies, LLC consent.
If you have any questions about this Privacy Policy, please contact us: