Last updated: May 13th, 2020
This is the privacy policy (“Privacy Policy”) that governs how Graphite Solutions, Inc. and our affiliated companies ("Graphite", "we", "our" or "us"), use Personal Data (defined below) that we collect, receive and store about you in connection with your use of our website: https://www.graphite.com and any other website that we operate (each, together with its sub-domains, content and services, a "Site").
You may choose whether or not to provide or disclose Personal Data in connection with your use of our Site. If you choose not to provide the Personal Data we request, you may still visit and use parts of our Site, but may be unable to access or use certain features, options, programs, and services. Our Site may contain links to third-party websites and services that are not owned or controlled by Graphite. We are not responsible for the privacy practices or the content of third party websites, services and advertisements, and you visit them at your own risk.
1. INTRODUCTION.
We are committed to respecting privacy and recognize the need for appropriate protection and management of any Personal Data that is shared with us as part of using our Site. As used in this Privacy Policy, "Personal Data" means any information that may be used, either alone or in combination with other information, to personally identify an individual.
2. CHANGES TO THIS PRIVACY POLICY.
We reserve the right, at our discretion, to change the terms of this Privacy Policy at any time. You can see when this Privacy Policy was last updated by reviewing the “Last Updated” legend on the top of this page. We may provide you with notice of material changes to the Privacy Policy as appropriate under the circumstances. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING TO OUR SITE.
3. PERSONAL DATA COLLECTED.
c. Types Of Cookies
d. Description
e. Managing Settings
f. Required Cookies
g. Required cookies enable you to navigate our Site and use its features, such as accessing secure areas of our Site and using our services.
If you have chosen to identify yourself to us, we use cookies containing encrypted information to allow us to uniquely identify you. Each time you log into our Site, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow us to uniquely identify you when you are logged into our Site and to process your online transactions and requests.
h. Because required cookies are essential to operate our Site, there is no option to opt out of these cookies.
i. Performance cookies
j. These cookies collect information about how you use our Site, including which pages you go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information these cookies collect is aggregated and anonymous. It is only used to improve how our Site functions and performs.
From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit our Site. We may also utilize Flash cookies for these purposes.
k. To learn how to opt out of performance cookies using your browser settings click here.
To learn how to manage privacy and storage settings for Flash cookies click here.
l. Functionality cookies
m. Functionality cookies allow our Site to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of our Site after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.
We may use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on our Site to personalize your visit.
n. To learn how to opt out of functionality cookies using your browser settings click here.
To learn how to manage privacy and storage settings for Flash cookies click here.
o. Targeting or Advertising cookies
p. From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit our Site. We sometimes use cookies delivered by third parties to track the performance of our advertisements. For example, these cookies remember which browsers have visited our Site. The information provided to third parties does not include Personal Data, but this information may be re-associated with Personal Data after we receive it.
By way of example, as you browse our Site, advertising cookies may be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with retargeted advertising on other sites based on your previous interaction with our Site.
We also contract with third-party advertising networks and similar partners that collect IP addresses and other information from web beacons (see below) on our Site, from emails, and on third-party sites. Ad networks follow your online activities over time by collecting Site Navigational Information through automated means, including through the use of cookies. They use this information to provide advertisements about products and services tailored to your interests. You may see these advertisements on other websites. This process also helps us manage and track the effectiveness of our marketing efforts.
Third parties, with whom we partner to provide certain features on our Site or to display advertising based upon your web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.
q. To learn more about these and other advertising networks and their opt-out instructions, click here.
To learn how to manage privacy and storage settings for Flash cookies click here.
r.
4. THE PURPOSES FOR WHICH WE USE PERSONAL DATA.
If you submit or we collect Personal Data through our Site, then such Personal Data may be used in the following ways:
5. HOW WE DISCLOSE PERSONAL DATA.
We do not sell, lease, rent or otherwise disclose the Personal Data collected from our Site to third parties unless otherwise stated below or with your consent.
6. RETENTION OF PERSONAL DATA.
7. YOUR RIGHTS.
8. PERSONAL DATA TRANSFERRED FROM THE EU OR SWITZERLAND TO THE UNITED STATES.
Graphite complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework (collectively, “Privacy Shield”) as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Data from European Union (the “EU”) member countries and Switzerland. Graphite has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity, Purpose Limitation, Access, Recourse, Enforcement, and Liability. A violation of our commitment to Privacy Shield may be investigated by the Federal Trade Commission and/or the United States Department of Commerce. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, to the extent available, please visit https://www.privacyshield.gov.
In compliance with the Privacy Shield Principles, Graphite commits to resolve complaints about your privacy and our collection or use of Personal Data about you. Persons from the EU or Switzerland who have inquiries or complaints regarding this Privacy Policy should first contact us via email at: team@graphite.com.
Graphite has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.
These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield, Graphite is potentially liable.
9. DATA SECURITY.
The security of Personal Data is important to us. We follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Data, we cannot guarantee its absolute security.
10. CHILDREN'S PRIVACY.
Our Site is not intended for children under the age of 18. Accordingly, we do not intend to collect Personal Data from anyone we know to be under 18 years of age.
11. HOW WE RESPOND TO DO NOT TRACK SIGNALS.
Graphite does not track Site users over time and across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual consumer's online activities over time and across third-party websites or online services.
12. YOUR CALIFORNIA PRIVACY RIGHTS.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of Personal Data about you by Graphite to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to team@graphite.com or write to us:
Graphite Solutions, Inc.
95 3rd St., 2nd Floor
San Francisco, CA 94103
13. CONTACTING US.
Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed to team@graphite.com.
14. DEFINED TERMS.
Expert - An Expert is any person or entity who has logged onto https://www.graphite.com, filled out and submitted our Expert Registration form, and had his or her account approved by Graphite. Experts on our Site typically use Graphite to search for project listings, apply to projects, execute projects and receive payment for their services.
Client - A Client is any person or entity who has logged onto https://www.graphite.com, filled out and submitted our Client Registration form. Clients on our Site typically use Graphite to post projects, review the credentials of Experts who have applied to these projects, select and engage Experts found through Graphite and pay for services they have received from Experts found through Graphite.
APPENDIX 1
Exhibit A. Third Party Service Providers
APPENDIX 2
Cookie Banner
This site uses technologies such as cookies to provide you a better user experience by personalizing content and ads, analyzing web traffic and trends, and improving site operations. We may share your information about your use of the site with third parties in accordance with our Privacy Policy. By continuing to use this site you agree that we can save cookies on your device, unless you have disabled them. You can change your Cookie Settings at any time, but parts of our site may not function correctly without them.
APPENDIX 3
Cookie Settings
A cookie is a small amount of data that stores information about a user on web browsers or mobile devices.
How do I turn cookies off?
It is usually possible to stop your browser from accepting cookies, or to stop it accepting cookies from a particular site. However, if your device does not have cookies enabled, your experience on our site may be limited, thereby impeding the navigation and use of our services.
All modern browsers allow you to change your cookie settings. You can usually find these settings in the Options or Preferences menu of your browser. To understand these settings, the following links may be helpful, or you can use the Help option in your browser for more details.
Cookie settings in Internet Explorer
Cookie settings in Safari web and iOS
If you are primarily concerned about third party cookies generated by advertisers, you can turn these off by going to the Your Online Choices site or by visiting the Network Advertising Initiative’s Opt-out page, where you can control third-party online advertising. Please note that there are many more networks listed on this site than those that we use on our site.
Useful links:
If you would like to find out more about cookies and their use on the Internet, you may find the following links useful:
For further legal information about privacy issues, you may find these links useful:
General Data Protection Regulation (GDPR)
If you would like to contact us about cookies please email us at team@graphite.com Please review our Privacy Policy for more information on our use of cookies and other software tools.
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