These terms constitute legally binding terms and govern your use of Shreemlab.com (“the sites”). These Terms and any changes or additional Terms and conditions contained in the sites apply to you. You agree that we may give you notices of news, revised or changed terms and other important matters by posting a notice or link on the home page of the sites or contact you by email. You agree to promptly notify us if you change your e-mail or mailing address. No confidential, fiduciary or any other special relationship is created by your use of any site or your communications to the sites or related sites. You agree that Shreemlab.com may alter or modify the sites’ settings or configurations to allow for or to optimize your use of the sites.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS CONTAINED HEREIN, PLEASE DO NOT USE THE SITES.
Ownership and Copyright/Trademarks of Site Materials
We or our affiliates own control or license the materials available on the sites, and the sites’ materials are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules regulations and international treaties. Your use of the sites does not grant you any rights to any content, code, or materials you may access on or though the sites. Any commercial or promotional distribution, publishing or exploitation of the sites, or any content, code, data or materials on the sites is strictly prohibited unless you have received the express prior written permission from the sites’ authorized personnel.
The entire content of the sites are copyrighted under the United States copyright laws or similar laws of other jurisdictions. You agree to abide by any and all additional trademark and copyright signs, notices, information or restrictions contained in any part of the sites.
Medical and Therapeutic Disclaimer
Information provided in the sites is for general informational purposes only and is not intended nor implied to serve as medical or therapeutic advice, diagnosis or treatment. The sites are not providing any medical or therapeutic advice. If you have or suspect you have a health or therapeutic problem, you should consult with your doctor or therapist.
Disclaimer of Warranties
The sites and all the materials are provided on an “as is”, “as available” and “without all faults” basis to the fullest extent permissible by law. The sites, and owners, employees, directors, officers, members, shareholders, agents, vendors, and contractors of the sites (collectively “the Shreemlab.com parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to (a) the sites; (b) the materials on or provided therein; (c) the downloadable items, (d) user content; (e) the functions made accessible therein; (f) any products, services or instructions offered or referenced therein; and or (g) security associated with the transmission or information transmitted therein. The sites and Shreem Lab parties hereby disclaim all warranties, express or implied, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus and malware.
The sites and Shreem Lab parties do not make any representation or warranties that the information on the sites is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. The sites and Shreem Lab parties do not recommend, endorse or make any representations about the efficacy, appropriateness or suitability of any products, downloads, services, opinions, treatment, advice or any other information from providers or referrals that may be contained or available through the sites. The sites and Shreem Lab parties are not responsible for any product, download, service, opinion, treatment, advice, or any other information that you obtain through the sites.
By accessing or using the sites, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the sites.
Disclaimer of Liability
Under no circumstances will the sites or the Shreem Lab parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use , or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Shreem Lab parties have been advised of or should have known of the possibility of such damages. In no event will the site or the Shreem Lab parties’ total liability to you for all damages, loss, or causes of action, if any, exceed ten United States dollars..
Termination and Modification
The sites reserve the right to terminate your access to and use of the sites in its sole discretion without notice and liability, if the site believes your conduct fails to conform to these Terms and to investigate suspected violations of these Terms. The sites reserve the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time, any materials, downloads or programs available on the sites without limitations, including the cessation of all activities associated with the sites, with or without notice. You agree that the sites and Shreem Lab parties will not be liable to you or to any third party for any modification, suspension or discontinuance of the sites or any part thereof.
These terms and the interpretation of these Terms will be governed by and construed in accordance with the laws of the state of New York, without regard to its conflicts of laws principles. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the sites, the use or access thereof, or these Terms must be in the federal courts located in New York, New York, and you hereby consent and submit to the exclusive personal jurisdiction and venue of the federal courts located in New York, New York, for any such legal proceeding, any cause of action or claim you claim you have with respect to any sites.
Dispute Resolution/Mediation/No Class Relief
If any controversy, allegation or claim arises out of or relates to the sites, the materials, your use of the sites, and these Terms, (collectively, “Dispute”), or to any of the sites actual or alleged intellectual property rights (an “excluded dispute”), then you and we agree to send notice to the other providing a reasonable description of the Dispute or excluded dispute, along with a proposed resolution of it. Your notice to us must be sent to firstname.lastname@example.org. For ninety days from receipt of notice from the other party, the sites or the Shreem Lab parties will attempt to resolve the dispute or excluded dispute, though nothing requires either party to resolve the dispute or excluded dispute in each of our sole discretion are not comfortable.
If we cannot resolve a dispute as set forth above within sixty days of receipt of the notice, then either you or we must submit the dispute to formal mediation only in New York, New York. Disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party.
The failure of the sites and the Shreem Lab parties to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit the sites or the Shreem Lab parties rights with respect to such breach or any subsequent breaches. The sites and Shreem Lab parties may assign their rights and duties under these Terms to any party at any time without notice to you. If any provision of these Terms for any reason is unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be constructed against the sites or the Shreem Lab parties by virtue of having drafted them.
Last Updated and Effective as of: May 25, 2018
Your provision of your personal information to us is completely voluntary. “Personal information” is information that can specifically identify you. We do not collect personal information unless you submit that information to us. Categories of personal information we may collect include:
- Identity Data, which includes name or other similar identifiers.
- Contact Data, which includes address, email address and telephone numbers.
Additionally, we may also collect certain others types of information that, along with Identity Data and Contact Data, may be considered and specifically named “personal data” in certain jurisdictions, including the European Union (“EU”), such as:
- Financial Data, which includes credit card, debit card or other payment card details.
- Transaction Data, which includes details about payments to and from you.
- Technical Data, which includes internet protocol (IP) address, location data, your login data, and device and browser information.
- Profile Data, which includes your username and password, avatar (if you upload one) and other info you share with us on our Website.
- Usage Data, which includes information about how you use our Website and advertising we serve on those sites.
- Marketing and Communications Data, which includes your preferences in receiving marketing from us.
IF YOU ARE SITUATED IN THE EU, PLEASE SEE THE SECTION “ADDITIONAL EU DISCLOSURES” THAT PERTAIN TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
We use different methods to collect data from and about you including through:
Direct interactions: You may give us your information by registering or contacting us. This includes information you provide when you:
- create an account on our website;
- subscribe to our service or publications;
- purchase product(s) on our website(s)
- request marketing to be sent to you; or
- give us feedback.
Automated technologies or interactions: As you interact with our website, we may automatically collect Technical Data and Usage Data about you. Some of the ways in which we or our website may collect are further described below:
Cookies and other technologies:
We may engage third-party vendors to use your information in connection with their own information to deliver targeted advertising to you when you visit our website or other websites. Cookies, described above, may be used in this process. For example, if you are searching for information on a particular product, our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising is called “behavioral advertising”. We believe that such advertising is helpful because you will see ads that are relevant to your interests. However, if you would like to opt-out of these interest-based advertisements, please see the Opt-Out section below.
As you use the Internet, a trail of electronic information is left at each website you visit. This information, sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. For example, clickstream data can tell the type of computer and browsing software you use and the address of the website from which you linked to the website. The website may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our website, how visitors navigate throughout the Website and how we may tailor our website to better meet the needs of visitors. This information often will be used to improve our website and our services. Any collection or use of clickstream data will be anonymous and aggregated and will not intentionally contain any personal information.
INFORMATION USE AND SHARING
Subject to the section titled “Additional EU Disclosures”, we use information held about you to perform our services and for other purposes outlined below. Specifically, we use your information for a variety of purposes:
- Where we need to perform the contract that we are about to enter into or have entered into with you.
- To perform specific services that you have requested.
- To respond to your direct inquiries.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- To send you marketing materials (see below)
- Where we need to comply with a legal or regulatory obligation.
Subject to the section titled “Additional EU Disclosures”, we may share the information we collect about you with certain third parties in the following ways:
- To use certain services on our website, payment card information may be requested. We may ask you for credit card, debit card, or other payment information. By submitting your payment information through our websites, to the extent permitted by applicable law, you expressly consent to the sharing of your information with third-party payment processors, and other third-party service providers.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them, if we are part of a bankruptcy proceeding or other change in control.
- Third parties to whom we need to share your information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the policies for the website.
THIRD-PARTY LINKS AND SOCIAL NETWORKING SERVICES
The Website may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Website, we are doing so merely as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly.
You should be aware that information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.
We have put in place appropriate security measures to prevent information about you from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed; however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We have put in place procedures to deal with any suspected data breach that will affect you and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for your information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances, you can ask us to delete your data: see Request erasure below for further information.
In some circumstances, we may anonymize information about you (so that it can no longer be associated with you) for research or statistical purposes in which case we may use and retain this information indefinitely without further notice to you.
ADDITIONAL EU DISCLOSURES
OUR ROLE AS DATA CONTROLLER AND DATA PROCESSOR
Shreem Lab generally acts as the data controller of your information submitted through our website.
If you are situated in the EU and have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority, so please contact us first. Please see our contact details below in the section titled “Contact Us”.
PROVISION OF PERSONAL DATA AND FAILURE TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we will not be able to provide services to you.
LEGAL BASIS FOR OUR PROCESSING OF YOUR PERSONAL DATA
Below are the types of lawful basis that we will rely on to process your personal data:
- Legitimate Interestmeans the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at email@example.com
- Performance of Contractmeans processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
- Comply with a legal or regulatory obligationmeans processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at firstname.lastname@example.org. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
COLLECTION OF PERSONAL DATA FROM THIRD PARTY SOURCES
We also collect personal data about you from various third parties and public sources.
- If you register for our services using Facebook, Instagram, Twitter or other social media sites, we will import your information from those social media sites.
- As discussed above, we also obtain information through automated technologies (see section titled “Information Collection”)
WITHDRAWING YOUR CONSENT
If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. You have the right to withdraw your consent at any time by contacting us at email@example.com
USE OF YOUR PERSONAL DATA FOR MARKETING PURPOSES
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:
- Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have not opted out of receiving that marketing.
- Third-party marketing: We will get your express opt-in consent before we share your personal data with any company outside our company for marketing purposes.
To see how you can opt out of marketing communications, please see the section titled “Opt-Out” found at the bottom of all of our email communications.
RIGHTS OF EU DATA SUBJECTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
To exercise your rights, please contact us at firstname.lastname@example.org
OPTING OUT OF MESSAGES FROM US
To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at email@example.com. If you do not want your personal information or personal data shared with any third party who may use such information for direct marketing purposes, then you may opt-out of such disclosures by sending an email to at firstname.lastname@example.org. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of the Website may no longer be available to you.
OPTING OUT OF COOKIES
If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your device without your knowledge.
DATA RELATING TO CHILDREN
Our Website is designed for those 18 years of age and older. We do not knowingly collect information from anyone under the age of 13 (or such other age as may be restricted under local law). If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.
CROSS BORDER TRANSFERS
If you are a California resident this section applies to you. Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of personally identifiable information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us at email@example.com. If you do not want your personally identifying information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at firstname.lastname@example.org.