The core ideas behind our Terms of Service are very simple.
We will never sell, disclose, or distribute your data in any way without your express permission.
If we ever we think that's a good idea, you must Opt-In first and be the one advocating to share or license your data.
With your permission, we may help you temporarily license your data to 3rd parties for a fee. We will share in the revenues created from those fees to you. Your agreement to the terms and conditions of any data license will be pre-requisite for any transaction to happen.
We will provide complete transparency into any and all data that we have about you to you with our best effort. Practical, logistical, operational and technical barriers may hinder our best efforts, but our intent is total transparency.
We may use your data for internal testing, operations, quality assurance, and business intelligence purposes, but we will be transparent and proactive in communicating that to you and won't ever share what we learn about you with others.
We do all we can to avoid exposure to your data. We don't want anyone in our company to see it or be able to see it.
We may from time-to-time aggregate data across users of our products. We might create derivative works from that data, but the contribution of your data will anonymous and can't be traced back to you. If we do that, we do it in privacy-preserving way.
While we will update the legal text on occasion to best protect you, these fundamental principles will not change.
To Opt-Out of Known Privacy, email us at hello@knownprivacy.com
...And some additions our lawyers want us to share, with some color commentary too.
Terms and Conditions
The purpose of the Known Privacy, PBC is to help you in get your privacy back. We do that by providing products and tools that will help you get transparency and control over your personal data.
We don't like legalese much. We are going to work on getting rid of it. That said, our lawyers strongly advised us to have this stuff here, just in case we need it. Bear with us as we work on it.
Agreement between you, User, and Known Privacy: https://www.knownprivacy.com
The https://www.knownprivacy.com website (the "Site") is comprised of various web pages operated by Known Privacy, PBC ("Known Privacy").
https://www.knownprivacy.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). That means 'as is'. By using the website or communicating with us, you agree to the Terms. Thanks for that.
Your use of https://www.knownprivacy.com or any subdomains of knownprivacy.com or optoutmachine.com constitutes your agreement to all such Terms.
https://www.knownprivacy.com is a Privacy Site. We sell Products and offer tools to help you get control of your personal information, data, and privacy.
Privacy
Your use of https://www.knownprivacy.com is subject to Known Privacy's Privacy Policy.
Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. It may seem counterintuitive, but in order to help you get control of your data, you need to provide some of it into our products and tools.
Electronic Communications
Visiting https://www.knownprivacy.com or sending emails to Known Privacy constitutes electronic communications. Lawyers like to state obvious things.
You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. It is amazing we have to say this, but it is up to you to keep your passwords private.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Known Privacy is not responsible for third party access to your account that results from theft or misappropriation of your account. Get them to sign up on their own, please.
Known Privacy and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Known Privacy does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
If you are under 18, you may use https://www.knownprivacy.com only with permission of a parent or guardian.
Don't take this the wrong way. We want to help everyone get control of their data and privacy. We just want parents leading the way for their kids.
Links to Third Party Sites/Third Party Services
The internet is a big, changing place. We can't keep track of everything we ever link to and ensure they don't do weird things. Do let us know if you think we shouldn't link to something because it is bad in some way.
https://www.knownprivacy.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Known Privacy and Known Privacy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Known Privacy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Known Privacy of the site or any association with its operators.
Certain services made available via https://www.knownprivacy.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.knownprivacy.com domain, you hereby acknowledge and consent that Known Privacy may share such information and data with any third party with whom Known Privacy has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.knownprivacy.com users and customers.
We will do our best to be explicit about the third party services that we are using. We do our best to avoid collecting any data that we don't need to run the service and are selective in the third parties we choose to work with.
No Unlawful or Prohibited Use/Intellectual Property
This part gets pretty boring and full of legal stuff. The point of it is: don't try to do mean things to us like steal our intellectual property or try to use our own website against us. That's not nice. Be nice.
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.knownprivacy.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Known Privacy that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Known Privacy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Known Privacy content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Known Privacy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Known Privacy or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Known Privacy from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Known Privacy Content accessed through https://www.knownprivacy.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
We will be updating this soon. Our initial markets are in the United States, but we will do our best to do a better job of supporting people around the globe as soon as we can. Everyone deserves data privacy!
Indemnification
Let us off the hook. Don't try to hold us responsible for stuff that you really shouldn't anyway. Our litigious society makes us have to do this stuff. We all sue each other way too much.
You agree to indemnify, defend and hold harmless Known Privacy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Known Privacy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Known Privacy in asserting any available defenses.
Arbitration
This is way better than going to court.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
We are the good guys trying to help people with privacy. Guess there are people out there who really like bringing Class Action lawsuits just to be annoying or get a payoff.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Known Privacy 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.
Liability Disclaimer
We don't really understand why this has to be in all capital letters either. Is screaming louder better understood? Somebody decided it was a good idea at some point.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KNOWN PRIVACY, PBC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KNOWN PRIVACY, PBC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KNOWN PRIVACY, PBC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KNOWN PRIVACY, PBC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KNOWN PRIVACY, PBC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Just in case it seems you don't have our best interests at heart, we need to be able to cut you off. Sorry.
Known Privacy reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Known Privacy as a result of this agreement or use of the Site. Known Privacy's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Known Privacy's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Known Privacy with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Known Privacy with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Known Privacy with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Yeah, we are going to try to make these terms easier to read, understand and more friendly. We might even have to add more terms if there is stuff we didn't think of too. But it's too much work to hunt you down and run it by you every time we make a change.
Known Privacy reserves the right, in its sole discretion, to change the Terms under which https://www.knownprivacy.com is offered. The most current version of the Terms will supersede all previous versions. Known Privacy encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Known Privacy welcomes your questions or comments regarding the Terms. Give us a shout:
Known Privacy, PBC
2101 Pearl Street
Boulder, CO 80302
hello@knownprivacy.com