Privacy Policy

Atomic Form, Inc

Last Updated: 2023-06-28.

Note for California Residents: This Privacy Policy and Cookie Statement describes how we process your Personal Information and your rights and choices over our processing. Please see Section XI below for specific details on your rights under California law.Note for Residents of the European Economic Area, Switzerland, and the United Kingdom. Please see Section XII below for specific details on your rights under applicable law.

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I. Introduction

This Privacy Policy and Cookie Statement (“Privacy Policy”) describes how we process your Personal Information.

By purchasing a Product or using any of our Services, you acknowledge your understanding of this Privacy Policy. If you do not agree with the contents of this Privacy Policy, you should not access, visit and/or use the Service, or request or receive a Product.

This Privacy Policy may be modified at any time without prior notice to you. Your continued access, visitation and/or use of the Service, or continued use of a Product, will constitute your acceptance of any changes or revisions to this Privacy Policy.

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II. Definitions of Terms Used in this Policy

“CCPA” means the California Consumer Privacy Act of 2018, Cal. Civil Code § 1798.100 et seq. and its implementing regulations.

“Content” means all text, articles, photographs, images, video, audio, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, and all other content, information, and materials available on or through the Service or otherwise made available by us, our licensors, vendors, and/or service providers.

“Device” means any computer, tablet, mobile phone, or any other device capable of accessing the Service.

“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, Device, or household. Anonymous, de-identified, or aggregate information is not Personal Information.

“Product” means any merchandise, item, or product that may be featured, mentioned, reviewed, described, auctioned, given away, rented, sold, distributed, or otherwise available on or through the Service.

“Service” means each website, mobile site, application, or offering provided by us.

“Service Provider” has the same meaning as set forth in the CCPA, which in general means a for-profit legal entity to whom we disclose Personal Information for processing on our behalf for a “business purpose” (as defined in the CCPA) pursuant to a written contract.

“Third-Party Business” means any third party unaffiliated with us to whom we disclose Personal Information for their own purposes.

“We,” “Us,” “Our” and "Atomic Form," whether capitalized or not, means Atomic Form LLC and its affiliates and subsidiaries

“You” or “Your,” whether capitalized or not, means all those who access, visit and/or use the Service.

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III. Categories of Your Personal Information that We May Acquire

We may collect, obtain or otherwise acquire the following types of Personal Information about you, and we may make and retain inferences drawn from such information:

Identifiers, such as your name, date of birth, signature, postal address, zip code, email address, telephone number, unique online identifier, IP address, User ID, and Device ID.
Payment data, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Wyre. You may find their privacy notice link(s) here: https://www.sendwyre.com/privacy-policy/.
Commercial information, such as purchase history.
Internet or other electronic network activity information, such as website or app activity data, call logs, text messages, and emails.
Device data, such as information about your computer, phone, tablet or other device you use to access the Services.
Location data, such as information about your device's location, which can be either precise or imprecise. You may opt out of allowing us to collect this information either by refusing access to the information or by disabling your location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

IV. How We Acquire Your Personal Information

Personal Information You Provide.

We may receive Personal Information directly provided by you. For example, if you purchase a Product, or register and/or set up an account/profile or attend or participate at an event, you may provide a password and/or User ID or other payment information, as well as your contact information.

Personal Information Automatically Collected.

We may automatically collect certain information, some of which may be deemed Personal Information. The information collected may include information about your Device and geographic location of you and/or your Device, as well as date/time stamp, IP address, webpages visited and actions taken on webpages, time of visits, Content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data.

Personal Information Acquired from Third Parties.

We may acquire your Personal Information from third parties. For example, we may purchase or otherwise acquire Personal Information from third party consumer data suppliers/resellers, data aggregators, advertising networks, data analytics providers, internet service providers, operating systems and platforms, data brokers, business contact databases, government entities, and our parent, subsidiaries, affiliates and other related entities.

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V. How We Use Your Personal Information

To facilitate account creation and log-on processes. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at contact@atomicform.com and be sure to include your name, testimonial location, and contact information.

Request feedback. We may use your information to request feedback and to contact you about your use of our Website.

To enable user-to-user communications. We may use your information in order to enable user-to user-to-user communications with each others’ consent.

To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).

To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.

To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.

Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.

To deliver and facilitate delivery of Services. We may use your information to provide you with the Services.

To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences.

Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

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VII. Sharing of Your Personal Information with Third Parties.

Third Parties with Whom We May Share Your Personal Information. We may disclose your Personal Information to the following categories of third parties:

Service Providers
Third-Party Businesses
Affiliates
Governmental and law enforcement officials
Persons involved in an acquisition of our business or assets

Service Providers. We may share your Personal Information with Service Providers that perform services for us, but only for the purpose of and to the extent necessary to perform those services.

Third-Party Businesses. We may sell, share, and transfer Personal Information to the following types of Third-Party Businesses:

Advertising, marketing and sponsorship clients to market their goods and services;
Consumer data suppliers/resellers, data enrichment providers and aggregators;
Social media and social networking services; and
Businesses that assist us with our Products and Product recommendations.

In all such cases, your Personal Information may be used by us and by such Third-Party Business(es) for their own purposes, each pursuant to its own policies.

Affiliates. We may share your Personal Information with our parent, subsidiaries, affiliates and other related entities, and our advisors, including lawyers, consultants, accountants, and others, for all purposes described in this Section VII.

Marketing Communications. We may use your Personal Information to communicate with you about new features, events or Products offered by us and Third-Party Businesses, including our advertising, marketing and sponsorship clients.

Health, Safety, and Legal Requests. We may share your Personal Information for purposes of health, safety and other matters in the public interest. We may also share your Personal Information to cooperate with official investigations or legal proceedings brought by or otherwise involving governmental and/or law enforcement officials, as well as private parties, including, for example, in response to subpoenas, search warrants, court orders, or other legal process. We may also use Personal Information to protect our rights and property and those of our agents, customers, and others including to enforce our agreements, policies, and terms of use.

Transfer or Sale of Our Business. If Equine Network or its parent, subsidiaries, affiliates or other related entities is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Equine Network or its parent, subsidiaries, affiliates or other related entities, we may share your Personal Information in connection with such transaction. We may also share your Personal Information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of our business or operations.

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VIII. Cookies and Related Technologies

We may place and/or store code or other types of information and/or software on your Device or within your browser, such as cookies, locally shared objects, and HTML5 (collectively, “Local Device Storage”). We and Third-Party Businesses may independently or in conjunction use Local Device Storage in connection with the Service in a way that collects Personal Information for the purposes described in the respective privacy policies. Your Device or browser may include an option that allows you to disable Local Device Storage.

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IX. Transfer of Your Personal Information Among Jurisdictions

Your Personal Information may be processed, transferred to, and maintained on, servers and databases located outside of the jurisdiction in which you are based and where the privacy laws may not be as protective as your jurisdiction. We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us at the details below.

X. Protection of Your Personal Information‍
‍Security Measures. We take reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, Personal Information.No Liability for Breach. Because no security system is impenetrable, we cannot guarantee the security of your Personal Information. By using the Service you agree to assume all risk in connection with your Personal Information. We are not responsible for any loss of such Personal Information or the consequences thereof.Breach Notification. If we believe the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you subject to applicable laws and regulations governing such notifications.

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XI. Notice to California Customers - Your Privacy Rights

Rights of California Residents. The CCPA grants residents of California certain rights with respect to their Personal Information.

California residents have the following rights under the CCPA:

The right to know the ways in which we collect, use, share, disclose and otherwise process your Personal Information;
The right to know the specific pieces of your Personal Information that we hold;
The right to request the deletion of your Personal Information, subject to several exceptions;
The right to opt out of the sale of your Personal Information; and
The right not to be unlawfully discriminated against for exercising these rights.

We may take reasonable steps to verify your identity before fulfilling your request to know or delete. For example, we may seek to establish your identity by matching information that you submit alongside your request with information that we have on our records. We may also ask for supplemental information as needed to establish your identity.

Exercising Your Rights Under the CCPA. California residents, as well as Authorized agents seeking to submit requests on behalf of California residents and parents or guardians seeking to submit requests on behalf of their minors who are residents of California, may exercise the rights described below by contacting us at contact@atomicform.com or by calling us at (405) 309-9776‬ .

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 provider(s) to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If you opt out of the sale of your Personal Information, we may still share your Personal Information with third parties if those transfers are not sales, such as with our Affiliates or our Service Providers.

You may designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

Response Timing and Procedures

We endeavor to respond to a verifiable consumer request within fifteen (15) 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. 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 and should allow you to transmit the information from one entity to another entity without hindrance.

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.

Categories of Personal Information We Disclose

We may disclose your Personal Information to a third party for a business purpose. In the preceding 12 months, we have disclosed the following categories of Personal Information for a business purpose:

Categories of Personal Information: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

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Categories of Personal Information We Sell

In the preceding 12 months, we have [not] sold the following categories of Personal Information for a business purpose:

Categories of Personal Information: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

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Do Not Track

‍California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (“DNT”) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, visitAll About DNT

‍Shine the Light

‍California's “Shine the Light” law, Cal. Civil Code §1798.83, gives California customers the right to prevent our disclosure of their Personal Information to third parties for those third parties' direct marketing purposes, and requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing Personal Information to third parties for the third parties' direct marketing purposes.If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

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XII. Notice to Residents of the European Economic Area (“EEA”), Switzerland and the UK

Purposes of Processing

We process your Personal Information to process your requests, to administer the Service, facilitate access by Service Providers and Third-Party Businesses, make marketing communications, facilitate health, safety and legal requests, , transfer or sell our business, and to combine data sets.

Legal Basis for Processing

We rely on the legitimate interest basis of processing for the other activities described above because processing Personal Information is necessary to provide you with our Products and to respond to your requests, our activities are reasonably expected by our customers, and those activities do not unduly and negatively affect the privacy rights of our customers. When you make a purchase, sign-up to attend or participate at an event or conference, or engage in another type of transaction with us, we may process your Personal Information to fulfill that contract. We may also process your Personal Information to comply with legal obligations to which we are subject and cooperate with regulators and enforcement bodies.

Transfers

Your Personal Information may be processed in or transferred to the U.S. or elsewhere in the world. We will ensure that transfers of Personal Information to a third country or an international organization are subject to appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact the Data Protection Officer by email at contact@atomicform.com.

Erasure and Restriction of Personal Data

Unless otherwise provided for in this data protection declaration for individual cases, your Personal Information may be erased if this data is no longer necessary for the purposes for which it was collected or was in any other way processed and if there are no legal obligations that require us to keep it. We will also erase your Personal Information processed by us upon request, in accordance with Art. 17 GDPR, if the conditions described therein are met. If your Personal Information is required for other legally permissible purposes, the data will not be erased, but its processing will be restricted in accordance with Art. 18 GDPR. In the event of a restriction, the data will not be processed for other purposes. This applies, for example, to Personal Information that we must keep for commercial or tax reasons.

Individual Rights

If you are a resident of the EEA, Switzerland or the United Kingdom, you are entitled to the following rights. Please contact our Data Protection Officer to exercise these rights by email at contact@atomicform.com. In order to verify your identity, we may require you to provide us with Personal Information prior to accessing any records about you.

Right to access and rectify your Personal Information. You have the right to obtain information about our processing of your Personal Information and a copy of your Personal Information that we store. You have the right to request that we update your Personal Information if it is inaccurate or incomplete.
Right to request erasure of your Personal Information. You have the right to have your Personal Information erased from our systems if the Personal Information is no longer necessary for the purpose for which it was collected or you withdraw consent and no other legal basis for processing exists.
Right to restrict our processing of your Personal Information. You have the right to restrict our processing if you contest the accuracy of the Personal Information we store about you, our processing is deemed unlawful and you oppose erasure of your Personal Information, or we no longer need the Personal Information for the purposes for which we collected it but we must store it to comply with our legal obligations.
Right to portability of your Personal Information. You have the right to receive your Personal Information and to transmit it to another controller where our processing is based on consent you gave us and was carried out by automated means.
Right to object to our processing of your Personal Information. You have the right to object to our processing where we process Personal Information based on legitimate interest.
Right to lodge a complaint. You have the right to lodge a complaint about our collection and processing of your Personal Information to your Data Protection Authority. Contact details for Data Protection Authorities are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Data Protection Officer. If you are a Data Protection Authority in the EEA or UK with questions about this Privacy Policy or the Service, please contact us directly by contacting our Data Protection Officer by email at rick@atomicform.com. Alternatively, you can contact our Data Protection Officer at contact@atomicform.com.

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XIII. Privacy Policy Coordinator

‍If you have any concerns or questions about any aspect of this Privacy Policy, please feel free to contact our Privacy Policy Coordinator by email at contact@atomicform.com.Please include your name, contact information, and the specific website, mobile site, application, and/or other service in your request.

Only inquiries about this Privacy Policy or your Personal Information should be sent to the Privacy Policy Coordinator. No other communications will be accepted or responded to.