thinkspot Privacy Policy

Effective August 8, 2019

This Privacy Policy describes the information we process to support thinkspot, which is offered by thinkspot Inc. It is important to us that you understand this Privacy Policy. If there is anything you do not understand, let us know by contacting us using the contact information at the end of this Privacy Policy.

When we say “we”, “our”, or “us,” we are referring to thinkspot Inc.

What kinds of information do we collect?

In order for thinkspot to exist, we must process information about you. If we are able to identify or locate you using the information we collect, we call that “Personal Information.” Examples of Personal Information include your name, email address, mailing address, phone number, and IP address. Some information we collect we cannot use to identify or locate you. Examples of this non-personally identifiable information include aggregated information about traffic and activity on the thinkspot (such as pages clicked, pages viewed, and browser types).

The categories of information we collect depend on how you use thinkspot:

Information and content you provide. We collect the content, communications, and other information you provide when you use thinkspot, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. If you consider information or content particularly sensitive and do not want us to collect it, do not share it with us on thinkspot.

Information about your transactions on thinkspot. If you donate or purchase a product on thinkspot, we collect information about that purchase or transaction. This includes account authentication information and your billing and shipping details. We use a third party to process your payments for us, so we do not ourselves collect, process, or store your payment card details.

Information others provide about you. We may collect information about you that other people include in their content, communications, and other information provided through thinkspot.

Information we collect from third parties. We may collect information about you from third parties, such as social media networks. For example, if you connect to thinkspot through an account you have on a third party social media network, we may collect information about your account on that network, such as your name, profile picture, and friend list. The information that we obtain from third party social media networks will depend on your privacy settings on those networks.

Information about your device. We collect information from about the computers, phones, and other devices that you use to access thinkspot. We may also combine this information across different devices you use. Information we obtain about your devices includes, for example: device identifiers (such as IP address and device ID); attributes (such as operating system and software version); network and connections (such as mobile operator and internet service provider); and cookie data (such as cookie ID and settings).

Information about your location. We may collect information about your location if you share your location through your device or geotag your content, communications, or any other information you provide.

Information about your use of thinkspot. We collect information about how you use thinkspot, such as the types of content you view, the features you use, the actions you take, the people or account you interact with, and the time, frequency, and duration of your activities.

How do we use your information?

How we use the information we collect depends on how and why we collected it. For example, we may use the information to:

Provide and personalize the features and content of thinkspot;
Allow you to create and use your thinkspot account;
Enable you to publish, support, comment, and engage with thinkspot, its content, and other users;
Respond to your inquiries and requests;
Send you news and updates about thinkspot and thinkspot Inc.;
Improve thinkspot and our content by, for example;
Aggregate your information with other users to better understand how users use thinkspot; or
Fulfill other internal business purposes, such as preventing fraud and abuse and informing you of important administrative or transactional information.

What information is publicly available?

When you access thinkspot, the following Personal Information is publicly available:

Your alias; and
Any posts or comments you make on thinkspot.

This information can be seen by anyone with a thinkspot account. If you do not want your Personal Information shared publicly, then please do not include it.

When do we share your information?

We may share your Personal Information:

With other users of thinkspot. We may share your Personal Information directly with other users of thinkspot. For example, your Personal Information, including your email, may be shared with contributors you follow or support.

With our service providers. We work with third parties that provide services to support our business, such as providing technical infrastructure services, analyzing how thinkspot is used, facilitating payments, and conducting surveys. We may share your Personal Information to our service providers to enable them to provide services to us.

As required by law. We may share your Personal Information with law enforcement or in response to a legal request. In addition, we may need to share your Personal Information in response to a subpoena or similar legal process.

To protect and defend rights. We may share your Personal Information when we believe that sharing it is necessary to protect our rights and the rights of others, including to enforce our policies.

With a new owner. If the ownership or control of all or part of our assets, including thinkspot, changes, we may share your Personal Information with the new owner.
We may share any aggregated or other non-personally identifiable information with third parties for all lawful purposes.

What rights and choices do you have with regard to your Personal Information?

Choosing your preferences. Your thinkspot account contains settings. The settings let you see what your account preferences are. You can see and adjust your settings by viewing your preferences and, if you wish, by changing your selections.

Turning off your location sharing. You can control whether your device shares precise location information via Location Services, a setting on your mobile device. If you turn off your Location Services, we may still understand your location through your content.

Exercising your Personal Information rights: You can exercise your rights over your Personal Information in the following ways:

To access or modify the information in or associated your account on the settings page or by contacting us using the contact information at the end of this Privacy Policy.
To disable your account. Disabling your account means that your account will be removed from public view and deleted.
To opt out of receiving our marketing emails by clicking the “unsubscribe” link in any marketing email you receive from us. Note that you may still receive important administrative or transactional announcements from us via email.

We will respond to your requests to exercise your rights within a reasonable timeframe.

Data Collection Technologies
We may use cookies, web beacons, and other data collection technologies to help us learn about our visitors and improve thinkspot and the services we offer. “Cookies” are small, often encrypted text files that contain small amounts of information that are stored on your computer or your mobile device’s browser directory. Cookies help us track usage behavior so that we can tailor information to make your visits more enjoyable and meaningful. For example, we use Google Analytics to collect information about how often users visit thinkspot, which pages they visit, and other websites they used prior to coming to thinkspot. For more information about Google’s ability to use and share information collected by Google Analytics, please see the Google Analytics Terms of Service and the Google Privacy Policy.

You can block cookies by setting the preferences available in your browser. If you block cookies, you may not be able to access certain areas or functionality of thinkspot. To find more information about cookies, visit www.allaboutcookies.org.

Do Not Track Signals
Some web browsers have “Do Not Track” or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. At present, thinkspot does not respond to “Do Not Track” signals and consequently, the Website will continue to collect information about you even if your browser’s “Do Not Track” feature is activated.

Security
Protecting your Personal Information is important to us. Unfortunately, no data transmission over the Internet can be 100% secure. As a result, while we are committed to protecting your Personal Information, we cannot guarantee or warrant the security of the Personal Information you transmit to us through the Website.

Note to International Visitors
We are located in the United States, operate thinkspot from within the United States, and the Personal Information we collect about you is stored on servers located in the United States. The laws of the United States may differ from the laws in your home country. By using thinkspot, you understand that we will process your Personal Information in the United States, consistent with this Privacy Policy and in accordance with U.S. laws.

Children’s Privacy
thinkspot is not intended for or directed to children under 13, and we do not knowingly collect Personal Information directly from children. If we become aware that we have collected Personal Information from a child under 13, we will immediately delete such Personal Information.

Third Party Links and Websites
thinkspot may contain links to other websites that we do not own, operate, or control. We are not responsible for the information practices or the content of these third party websites.

Changes to this Privacy Policy
We may need to update this Privacy Policy to reflect changes in the law or our information practices. We will notify you in advance of any material updates to this Privacy Policy by providing a notice on the Website or via email, if we have your email address on file. Any new policy changes will replace all old versions of the Privacy Policy.

Contact Us
If you have questions about this Privacy Policy or about the information we collect and hold about you, email us at support@thinkspot.com. We will respond as soon as we can.

thinkspot TERMS OF USE

Hello, and welcome to thinkspot. Our goal is to provide a place that fosters a free flow of ideas, unbound by censorship or ideology. Our Free Speech Statement provides a more detailed explanation of our commitment to open discourse.

These Terms of Use are intended to protect your own right to free speech, as well as our ability to provide this platform for you. Please read these terms carefully, as they require arbitration on an individual basis, and generally form a binding contract between you and us.

Effective January 29, 2020
Acceptance of the Terms of Use. You are entering into these Terms of Use with thinkspot Inc., a Delaware corporation (also referred to as "we," or "us"). These terms govern your use of our website and the content, functionality, and services on our website, which we refer to collectively as the “Website.” You agree to these terms, our Privacy Policy, our Community Guidelines, and other policies on our Website by using the Website or by accepting these terms when you create an account with us.

Changes to These Terms. We may change these terms from time to time. We will notify you of substantive changes to these terms by posting an update on our Website or through the contact information you have provided to us. You can review the most current version of these terms here. The current terms apply to your use of the Website. You agree to any such updated terms by continuing to use our Website.

Your Conduct. We want our Website to be a place where people of all ideologies can share ideas. So please don’t misuse our Website. You may use the Website only for lawful purposes. You agree not to:
(a) use the Website in a way that violates any law, including laws related to infringement upon or misappropriation of intellectual property rights; defamation; obscenity; incitement and fighting words; and privacy;
(b) use the Website for any unauthorized, fraudulent, or malicious purpose;
(c) engage in any other conduct that restricts or inhibits anyone's use of the Website or that may harm us or other users of the Website;
(d) use the Website in any manner that could disable, overburden, damage, or impair our Website;
(e) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(f) access systems, data, and information not intended by us to be made accessible to a user;
(g) obtain or attempt to obtain any materials or information through any means not intentionally made available by us; or
(h) use the Website for any other reason than the purpose for which it was intended.
It is imperative to us that the Website allows for total freedom of expression consistent with our Free Speech Statement. However, we continue to reserve the right to suspend your account for violating these terms.

For Contributors. You are a contributor if you have a “contributor account” on our Website. This section applies to you if you are a contributor. Our Website allows supporters to pay contributors. To receive payments from supporters, you will need to provide us with your payment information verification. You authorize us to retain a portion of amounts paid by supporters as a fee for use of our Website. The fees that we retain will be documented and sent to you for your records. We may also deduct any fees, such as foreign transaction fees, that are required for us to transfer payments to you. You appoint us as your agent to receive payments from your supporters, collect those payments, and then send them to you. You are responsible for all taxes on your payments. We are not responsible for any amounts that we have not received from supporters. If you commit to provide certain content to your supporters through our Website, it is your, not our, responsibility to provide that content. If we receive a complaint from a supporter stating that you have not provided content that you committed to provide, you will work with the supporter and resolve the issue directly with the supporter.

For Supporters. You are a supporter if you pledge money to us or our contributors. To pledge money, please provide the payment information requested on our Website. You authorize us to use your payment information to collect your pledges to us or to pay your pledges to contributors (and deduct certain fees for our operational expenses and your use of our Website) at the frequency and in the amounts you indicate or agree to with us or each contributor. These payments may be made on a periodic basis, such as monthly or yearly, or as one-time payments. We are not responsible for any fees, such as foreign transaction fees, imposed on your payments. You acknowledge that your payments are likely not tax deductible and that we are not responsible for the content from contributors. You may also lose access to certain contributor content if you cancel your pledges to a contributor. We have no obligation to refund any payments you have made in connection with the Website.

Our Platform and Your Content. Our Website is intended to be an open forum. We are not responsible for any content provided by any contributor or users of the Website. We are not actively monitoring or approving content or comments posted by contributors or users. However, we may remove any content or comments from contributors or users at any time if we deem the content is in violation of law or otherwise violates these terms. We will not modify any content or comments. We take freedom of expression seriously. We will therefore not remove content or comments without serious consideration. We may update our Website by adding or removing features at any time. We will not be liable if the Website is unavailable.

Your Account You must also be at least 18 years old to use the Website. To access the Website or some of its resources, you may be asked to provide certain registration details or other information. Your account is personal to you. You are responsible for all activities under your account. You will also ensure that all registration information you provide on the Website is correct, current, and complete. We may take actions consistent with our privacy policy with respect to all information you provide to the Website. We refer to all information you (as a contributor or user) provide to the Website as “User Submissions.” You represent and agree that all User Submissions are submitted voluntarily and on a non-confidential basis. You hereby grant us and our sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual, and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display, and create derivative works of your User Submissions. Our intent is for this license to allow us to run the Website and promote discussion. You represent and warrant that you have all rights necessary to grant the rights in this section and that use of your User Submissions by us does not violate any law.

Intellectual Property Rights. We or our licensors own the Website and its contents (except User Submissions), features, and functionality its licensors. The Website is protected by various intellectual property laws. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our written consent. These terms do not give you any ownership rights in the Website.

Feedback. If you provide us with any feedback or suggestions regarding the Website, you hereby assign to us all rights in such feedback or suggestions and agree that we shall have the right to use such feedback and suggestions in any manner we deem appropriate. We will treat any feedback or suggestions you provide to us as non-confidential and non-proprietary. You agree that you will not submit any information or ideas that you consider to be confidential or proprietary.

Disclaimer of Warranties. We provide our Website on an “as is” and “as available” basis, without any warranties. We make no warranties for the security, quality, or availability of the Website. We also specifically disclaim warranties of merchantability, non-infringement, and fitness for particular purpose.

Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THE WEBSITE OR THESE TERMS. OUR AND OUR AFFILIATES’ TOTAL LIABILITY TO YOU FOR CLAIMS AND DAMAGES RELATED TO THE WEBSITE AND THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE FEES RETAINED BY US FOR YOUR USE OF THE WEBSITE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) $100 US DOLLARS. YOU ALSO WAIVE ALL CLAIMS AGAINST US, OUR AFFILIATES, OR OTHER WEBSITE USERS BASED ON CONTENT CREATED BY OTHERS AND SUBMITTED TO THE WEBSITE.

Indemnification. You will defend, indemnify, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from all liabilities, losses, and fees from third-party claims relating to your use of the Website, your User Submissions, or your violation of these terms.

Arbitration and Governing Law. You will submit any disputes arising from these terms or the Website to final and binding arbitration under the rules of arbitration of the American Arbitration Association. The seat or legal place of arbitration will be California. You agree to arbitrate in your individual capacity only – not as a representative or member of a class – and you expressly waive any right to file a class action or seek relief on a class action basis. Furthermore, unless you and us agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative of class proceeding. All arbitration proceedings are confidential. These terms will be governed by the laws of the State of Delaware without giving effect to its conflict of laws provisions. Any claim you have arising out of or relating to these terms or the Website must be commenced within one year after the claim accrues. Otherwise, the claim is permanently barred.

Copyright Complaints. We respect intellectual property rights. We will respond to notices of copyright infringement that comply with applicable law, including the Digital Millennium Copyright Act, and take appropriate action, which may include removal of infringing content. Our policy is to terminate the accounts of repeat infringers. Please see our DMCA Takedown Notice and send your notices of copyright infringement to our agent:

Copyright Agent
thinkspot Inc.
340 S. Lemon Street, #3910
Walnut, CA 91789
copyright@thinkspot.com

General Legal Stuff. If any provision of these terms is deemed unenforceable by a court with jurisdiction or by arbitrator, it will be modified to the extent necessary to make it enforceable. We may assign these terms without notice to you. You may not assign these terms or assign, transfer, or sublicense your rights to use the Website, and any attempt by you to do so is void. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms (including any incorporated terms) constitute the entire agreement between you and us with respect to the Website and its contents. Neither these terms nor the Website create any partnership, joint venture, employment, or other agency relationships between us.

“I may not agree with what you have to say, but I will defend to the death your right to say it.”

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