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DMCA Policy
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DMCA Policy

1.DMCA

This Digital Millennium Copyright Act Policy (“Policy”) applies to the Semiyard website (“Website”), “Semiyard” mobile application (“Mobile Application”), and any of their related products and services (collectively, “Services”) and outlines how Semiyard Inc. (doing business as “Semiyard”, “we”, “us” or “our”). addresses copyright infringement notifications and how you (“you” or “your”) may submit a copyright infringement complaint.

Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which can be found at the U.S. Copyright Office website.

 

(1.1) What to consider before submitting a copyright complaint

Before submitting a copyright complaint to us, consider whether the use could be considered fair use. Fair use states that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder. If you have considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with the user.

Please note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

We may, at our discretion or as required by law, share a copy of your notification or counter-notification with third parties. This may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication. If you are concerned about your information being forwarded, you may wish to use an agent to report infringing material for you.

 

(1.2) Notifications of infringement

If you are a copyright owner or an agent thereof, and you believe that any material available on our Services infringes your copyrights, then you may submit a written copyright infringement notification (“Notification”) using the contact details below pursuant to the DMCA by providing us with the following information:

– Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notification, you may provide a representative list of the copyrighted works that you claim have been infringed.

– Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the URL or URLs of the web pages where the allegedly infringing material may be found.

– Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.

– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.

– A statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

– A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

All such Notifications must comply with the DMCA requirements. You may refer to a DMCA takedown notice generator or other similar services to avoid making mistakes and ensure compliance of your Notification.

Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material as well as a permanent termination of repeat infringers’ accounts. We may also require a court order from a court of competent jurisdiction, as determined by us in our sole discretion before we take any action. A backup of the terminated account’s data may be requested, however it may be subject to certain penalty fees imposed. The final penalty fee will be determined by the severity and frequency of the violations.

If we remove or restrict access to materials or terminate an account in response to a notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access, which may include a full copy of your Notification (including your name, address, phone, and email address), along with instructions for filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this Policy, Semiyard reserves the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.

 

(1.3) Counter-notifications

A user who receives a copyright infringement notification may make a counter-Notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act. If you receive a copyright infringement Notification, it means that the material described in the notification has been removed from our Services or access to the material has been restricted. Please take the time to read through the Notification, which includes information on the notification we received as well as instructions on how to file a counter-notifications.

To file a counter-notification with us, you must provide a written communication that sets out the information specified in the list below:

– Identification of the material that has been removed or to which access has been restricted and the location at which the material appeared before it was removed or access to it was restricted.

– Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address

– A statement under penalty of perjury that you have a good faith belief that the material was removed or restricted as a result of mistake or misidentification of the material to be removed or restricted

– A statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.

– A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

Please note that you may be liable for, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is not infringing the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification, you may wish to contact an attorney before filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this Policy, Semiyard reserves the right to take no action upon receipt of a counter-notification. If we receive a counter-notification that complies with the terms of 17 U.S.C. § 512(g), we may forward it to the person who filed the original Notification.

The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.

 

(1.4)Changes and amendments

We reserve the right to modify this Policy or its terms related to the Services at any time at our discretion. When we do, we will post a notification within the Services. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.

 

Reporting copyright infringement

If you would like to notify us of the infringing material or activity, we encourage you to contact us using the details below:

support@semiyard.com

This document was last updated on July 24, 2021



Acceptable Policy

2.Acceptable use policy

This acceptable use policy (“Policy”) sets forth the general guidelines and acceptable and prohibited uses of the Semiyard website (“Website”), “Semiyard” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Semiyard Inc. (doing business as “Semiyard”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Semiyard, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

 

(2.1)Prohibited activities and uses

You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

– Distributing malware or other malicious code.

– Disclosing sensitive personal information about others.

– Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.

– Distributing pornography or adult related content.

– Promoting or facilitating prostitution or any escort services.

– Hosting, distributing or linking to child pornography or content that is harmful to minors.

– Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.

– Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.

– Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.

– Facilitating pyramid schemes or other models intended to seek payments from public actors.

– Threatening harm to persons or property or otherwise harassing behavior.

– Manual or automatic credit card or other available payment methods testing using bots or scripts

– Purchasing any of the offered Services on someone else’s behalf.

– Misrepresenting or fraudulently representing products or servic

– Infringing the intellectual property or other proprietary rights of others.

– Facilitating, aiding, or encouraging any of the above activities through the Services.

 

(2.2)System abuse

Any User in violation of the Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

– Use or distribution of tools designed for compromising security of the Services.

– Intentionally or negligently transmitting files containing a computer virus or corrupted data.

– Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.

– Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

 

(2.3)Service resources

You may not consume excessive amounts of the resources of the Services or use the Services in any way which results in performance issues or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

– Deliberate attempts to overload the Services and broadcast attacks (i.e. denial of service attacks).

– Engaging in any other activities that degrade the usability and performance of the Services.

 

(2.4)No spam policy

You may not use the Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of the Services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with the Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.

 

(2.5)Defamation and objectionable content

We value the freedom of expression and encourage Users to be respectful with the content they post. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or the Services, as determined in our sole discretion.

 

(2.6)Copyrighted content

Copyrighted material must not be published via the Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will notify the person or persons responsible for publishing it and, in our sole discretion, will remove the infringing material from the Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Services for the removal of any such material. If you believe your copyright is being infringed by a person or persons using the Services, please get in touch with us to report copyright infringement.

 

(2.7)Security

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Services. You must protect the confidentiality of your login details, and you should change your password periodically.

 

(2.8)Enforcement

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

– Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.

– Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Services, as determined by us in our sole discretion.

– Reporting violations to law enforcement as determined by us in our sole discretion.

– A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your account.

Suspended and terminated User accounts due to violations will not be re-activated. A backup of User’s data may be requested, however it may be subject to certain penalty fees imposed according to the breach of this Policy terms. The final penalty fee will be determined by the type and frequency of the violations.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

 

(2.9)Reporting violations

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

 

(2.10)Changes and amendments

We reserve the right to modify this Policy or its terms related to the Services at any time at our discretion. When we do, we will post a notification within the Services. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.

 

(2.11)Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Services.

 

Contacting us

If you have any questions, concerns, or complaints regarding this Policy, we encourage you to contact us using the details below:

support@semiyard.com

This document was last updated on July 24, 2021

 



Cookie Policy

3.Cookie policy

This cookie policy (“Policy”) describes what cookies are and how and they’re being used by the Semiyard website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Semiyard Inc. (doing business as “Semiyard”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. You should read this Policy so you can understand the types of cookies we use, the information we collect using cookies and how that information is used. It also describes the choices available to you regarding accepting or declining the use of cookies.

 

(3.1)What are cookies?

Cookies are small pieces of data stored in text files that are saved on your computer or other devices when websites are loaded in a browser. They are widely used to remember you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”).

Session cookies are temporary cookies that are used during the course of your visit to the Website, and they expire when you close the web browser.

Persistent cookies are used to remember your preferences within our Website and remain on your desktop or mobile device even after you close your browser or restart your computer. They ensure a consistent and efficient experience for you while visiting the Website and Services.

Cookies may be set by the Website (“first-party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the Website (“third party cookies”). These third parties can recognize you when you visit our website and also when you visit certain other websites. You may learn more about cookies and how they work here.

 

(3.2)What type of cookies do we use?

– (3.2.1)Necessary cookies

Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our Website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account to access the content.

– (3.2.2)Functionality cookies

Functionality cookies let us operate the Website and Services in accordance with the choices you make. For example, we will recognize your username and remember how you customized the Website and Services during future visits.

– Analytical cookies

These cookies enable us and third party services to collect aggregated data for statistical purposes on how our visitors use the Website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the Website.

– (3.2.3) Advertising cookies

Advertising cookies allow us and third parties to serve relevant ads to you more effectively and help us collect aggregated audit data, research, and performance reporting for advertisers. They also enable us to understand and improve the delivery of ads to you and know when certain ads have been shown to you.

Your web browser may request advertisements directly from ad network servers, these networks can view, edit, or set their own cookies, just as if you had requested a web page from their website.

Although we do not use cookies to create a profile of your browsing behavior on third party websites, we do use aggregate data from third parties to show you relevant, interest-based advertising.

– (3.2.4) Social media cookies

Third party cookies from social media sites (such as Facebook, Twitter, etc) let us track social network users when they visit or use the Website and Services, or share content, by using a tagging mechanism provided by those social networks.

These cookies are also used for event tracking and remarketing purposes. Any data collected with these tags will be used in accordance with our and social networks’ privacy policies. We will not collect or share any personally identifiable information from the user.

Do we use web beacons or tracking pixels?

Our emails may contain a “web beacon” (or “tracking pixel”) to tell us whether our emails are opened and verify any clicks through to links or advertisements within the email.

We may use this information for purposes including determining which of our emails are more interesting to users and to query whether users who do not open our emails wish to continue receiving them.

The pixel will be deleted when you delete the email. If you do not wish the pixel to be downloaded to your device, you should read the email in plain text view or with images disabled.

 

(3.3)What are your cookie options?

If you don’t like the idea of cookies or certain types of cookies, you can change your browser’s settings to delete cookies that have already been set and to not accept new cookies. To learn more about how to do this, visit internetcookies.com

 

(3.4)Changes and amendments

We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will post a notification on the main page of the Website. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Policy will be effective immediately upon the posting of the revised policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.

 

(3.5)Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

 

Contacting us

If you have any questions, concerns, or complaints regarding this Policy or the use of cookies, we encourage you to contact us using the details below:

support@semiyard.com

This document was last updated on July 24, 2021

 



Refund Policy

4.Refund policy

Since the Service offers non-tangible, irrevocable goods,We do not provide refunds after the purchase, which you had acknowledged prior to purchasing any product on the Services. You may however sign up for free. but Service is paid. User must pay 5 days prior to the next invoice date of the service, before the expiration date of service, (due date)

 

(4.1) Refund and Cancelation

Must call or email us at support@Semiyard, in case of any billing changes with your account information. Provide clear change or any problem with the account with the phone number. The request to cancel an account must be made at least 30 days prior to the next invoice date or the service will continue through the next billing period without refund. Main and Billing account holders are the only users that can make a cancellation request online through their account from the Billing page, once logged in to www.Semiyard or Semiyard’s DRIVER app. Please see our Terms & Conditions for additional information. If you are not able to cancel online, please call billing at 916-755-0085 and provide your request with a reason for canceling. We would be happy to assist with your cancellation request. In order to complete the request, We need the reason for the cancellation. This helps us to improve our products and services going forward. We do not need details of your cancellation, just something simple to help innovate and constantly improve. We do require this as part of our process. Please feel free to reply with your reason for cancellation and the request will be submitted, next day. You will receive a confirmation email once the request is processed

(4.2) No Refunds: No Refunds will be issued for canceled bookings.

(4.3) No Relocation: Relocation of Parking is not allowed.

(4.4) No Transfer of Service: Service can’t be transferred to another User.

We regret any inconvenience caused to any of our customers. If you require any kind of parking reservation modification (for a reservation made on our website or our app), a booking error or accidentally booking the wrong slot, please call us at 916-755-0085 or Email: support@semiyard.com

 

(4.5) Acceptance of this policy:You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

 

Contact us

If you have any questions, concerns, or complaints regarding this refund policy, we encourage you to contact us using the details below:

Email: support@semiyard.com

Call us: 916-755-0085

This document was last updated on July 24, 2021

 



Parking Policy

5.Parking Policy

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the Semiyard website (“Website”), “semiyard” mobile application (driver semiyard”), and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Semiyard Inc. (doing business as “Semiyard”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Semiyard, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

 

(5.1)MONTHLY PARKING:

MONTHLY PARKING (hereinafter also referred to as “Licensing Agreement”) TERMS & CONDITIONS This License Agreement (this “Agreement” of this “License Agreement”) is made and effective as of the Start Date (“Commencement Date”) by and between Semiyard, (“Licensor”) and you as an Individual Person, your company, and/or the person signed on this agreement as to its Authorized Agent (hereinafter referred to individually as a “Licensee” and collectively as the “Licensees”). This agreement does not constitute a bailment arrangement between the parties.

 

(5.2)ALL SALES ARE FINAL:

We may approve refunds under certain “limited conditions” and if specified under the “Cancellation Policy” below. It is up to, Semiyard’s discretion to approve or deny any refund, as “ALL SALES ARE FINAL”.

 

(5.3)REFUND POLICY:

All services rendered by the Company are provided on a non-refundable basis. In addition, if your account is canceled by the company for violation of this Agreement or the attached Acceptable Use Policy, all payments made to the Company become completely non-refundable. The customer agrees not to chargeback any bank payments for services rendered. If a customer files a chargeback or other payment dispute, they will be considered to violate this agreement and may be subject to collection action.

 

(5.4)PAYMENT:

The Licensee (hereinafter also referred to as “Driver”, “You”, “Driver”, “Customer”) is reserving the parking space on the property and must fill out the monthly parking agreement and agree to our Polices We require the first and last month’s payments. The “Last Month Payment” will be applied to your last month’s invoice. Semiyard does NOT prorate the monthly parking license payment based on the number of days parked. It is the Licensee’s responsibility to cancel the Licensing Agreement no later than 30 days before the licensee’s next billing cycle (Please refer to our “CANCELLATION POLICY” below. Semiyard, (“Licensor”). Will process all payments on time according to this agreement. All payments will be made by the use of a prepaid authorized Bank account and maybe prices at least 7 days in advance of the renewal date. If the Driver has paid the full amount for the booking to Semiyard at the time the booking is made then no further payments are due to the Licensee until the payment is due again 7 days before the next billing cycle. The Licensee accepts the payment of the fees for the parking and storage space, and once the payment is made there will be no refunds, rebates, or price reductions. Prices will remain the same, however, when prices change, the price on the website will change, therefore all increases will happen and reflect in your payment each month. prices are subject to change without prior notice. To begin your contract, the driver must pay the first-month rent, and last month’s rent (First Month Rent + Last Month Rent = Total Amount Due at Signing). You must cancel your Monthly Parking 30 days before your next billing cycle, otherwise, you will be charged on your billing cycle day and will not be refunded. If you cancel 30 days in advance, you will not be charged for your last month and your last month’s payment made on inception will be applied to your last month’s parking.

 

(5.5)ILLEGAL PARKING:

No person shall park or stand an occupied or unoccupied vehicle in or repeatedly drive a vehicle through or within Semiyard, privately owned and/or operated property. “Illegal Parking” means parking on our property without paying or parking for longer than the paid time, or is an Unidentifiable Vehicle, properly and conspicuously displaying a valid Semiyard, parking permit or parking ID for the lot/location in which you are permitted to park. Also, It is prohibited to park any vehicle on our property which displays it “For Sale”, such vehicle will be considered “Illegally Parked”. You also agree to waive any additional notice of violations and agree that violations of the Terms and Conditions of this Licensing Agreement will result in your vehicle being impounded, booted, or towed at your own expense. If it is determined by the company’s management that the Licensee violates the company’s policies or the licensee is no longer welcome on the property for any reason, such as willful misconduct while on our property, or for no reason Semiyard, shall have the right to terminate this Agreement effective immediately by requesting the licensee to leave the property. If the Licensee doesn’t comply with management’s request to leave the premises, a licensee will be considered “Illegally Parked”. Illegal parking will result in your vehicle being removed off our property and impounded, and/or booted at your expense, with a maximum Rate Tariff prescribed (set) by law for towing and storage of trespassing vehicles. “non-consensual” towing is the same as “private property trespass” towing.

 

(5.6)BANK ACCOUNT RECURRING PAYMENT:

For your convenience, to ensure that your account is current and that you will not lose your parking/storage privileges, you authorize Semiyard to charge the Bank account you authorized below in this Monthly Parking Agreement. You understand that this authorization will remain in effect until you cancel it by filling out and submitting a new bank account Payment and Information Update Form OR Cancellation Form, as outlined in the Cancellation Policy section below. You agree to notify Semiyard by filling out the forms referenced in this section of any changes in your account information or termination of this authorization at least 30 days before the next billing date. You certify that you are an authorized user of this, bank account and that after canceling a payment, you’re still required to pay Semiyard for the services by the Terms and Conditions of this agreement. Should the bank account PAYMENT be declined for any reason Semiyard, will contact you, the Licensee, by phone, text, and/or email, to notify you of the declined charge, and will continue to resubmit the bank account on file for payment until the balance is paid in full. If we are not able to charge the bank account approved by you for payment as noted above for the full amount due, you authorize Semiyard, to split the total amount due across multiple debit transactions to the BANK ACCOUNT on file equaling the total amount due. Additionally, you agree that you will not dispute any payments with your BANK ACCOUNT company; provided the transactions correspond to the terms indicated in this agreement.

 

(5.7)CANCELLATION POLICY:

Driver MUST cancel parking by going on our website and filling out the CANCELLATION form, no later than 30 days before the licensee’s next billing cycle. We do not accept verbal cancellations, email cancellations, and/or phone cancellations. Customers MUST fill out and submit a cancellation form on our website. The last 30 days of parking will be paid by applying the last month’s deposit payment made by the licensee upon signing and submitting this “Licensing Agreement Semiyard,” has the right to void this contract without prior notice for any reason. In the event the Driver/Licensee defaults or fails to comply with any term or condition of this agreement, the Driver/Licensee will pay all costs of enforcement incurred by Semiyard, including reasonable attorney’s fees.

 

(5.8)INSURANCE, REGISTRATION, LICENSES, BANK ACCOUNT:

Driver / Licensee’s liability insurance must be current and a copy of the insurance card or policy, driver’s license, and the BANK ACCOUNT Information form must accompany this parking licensing agreement. The vehicle(s) to be parked in said parking space owned and operated by the Driver/licensee shall have current registration and insurance. any expire, or invalid document shall result in canceled service immediately without refund.

 

(5.9)DISCLAIMER OF WARRANTY:

Licensor and Licensee each agree that the parking space is being leased “as is” and that Licensor hereby expressly disclaims any and all warranties of quality, whether express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.

 

(5.10)HOLD HARMLESS:

Driver / Licensee shall hold Semiyard, harmless from any actions and liability and shall indemnify Semiyard, against any claims, actions, proceedings, damages, liabilities, and shall pay all attorneys’ fees, by Driver/Licensee, his employees, or invitees, arising from or connected with Driver/Licensee possession and use of the rental space and premises. All risks are the responsibility of the Driver/Licensee, including but not limited to natural causes, acts of nature, theft, vandalism, fire, flood, accidental damage, motorist damage, wind, rain, hurricane, earthquake, volcanic, structural damage, tree damage, terrorism, or any other possible damage or loss. All losses are the the sole responsibility of the Driver/Licensee. The driver/licensee assumes all of the risks from parking on the property. All losses of any kind, theft Vandalism, damages, Acts of terrorism, Acts of Nature, Weather, Floods, or any loss is the sole responsibility of the Driver/license. The driver/license is parking his vehicle on the property listed above at his own risk. Driver/licensee shall indemnify, and hold harmless Semiyard, (Licensor), its officers, officials, affiliates, employees, and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Driver/licensee’s use of Premises, or from the conduct of Driver/licensee’s business, actions, vehicles, or from any activity, work or thing done, permitted, or suffered by any of the Driver/licensee’s actions.

 

(5.11)MAINTENANCE ON PROPERTY:

No repairs of any kind are allowed on any of our property. No tire repairs, replacements, no minor repairs such as oil changes, or minor or major repairs at any time are permitted. Any person or maintenance company doing work on a vehicle on our property will be asked to leave immediately with all of your vehicles. For maintenance, we suggest you call Advanced Maintenance for repair work. Advanced Maintenance is the only vehicle repair company that we allow on any of our properties. Advanced Maintenance’s direct number is 916-755-0085.

 

(5.12)NO DUMPING AND TRASH:

are not allowed in our yard, tire, trash, or any kind of tangible property can’t be dropped, the violation can cause a fine and canceled service or both Cleaning service invoice plus fine of 1000$ per violation driver Shall be responsible for paying to Semiyard his OAuth bank account linked.

 

(5.13)DAMAGES:

The driver/licensee is responsible for any damage done to the licensor’s building, property, fencing, gates, or concrete pavement. Driver/Licensee must use caution when driving and parking and must use parking brakes when parked..

 

(5.14)RESTRICTED VEHICLES & LOADS:

Drivers are not allowed to carry hazardous material, medical waste, radioactive products, petroleum-based products, paints, tires, or any type of environmental waste onto any of our properties. the driver will be held responsible for any leakage of these products. We don’t allow dump trucks, petroleum haulers, waste haulers, manure haulers, oil haulers, medical waste haulers, or any hazardous material trucks at any of our properties.

 

(5.15)AMENITIES:

Each Semiyard, lot has different amenities. Some have pavement, some do not. Some lots have cameras some do not. Some have 10 ft. gates, Some do not have gates. Some have lights some do not. By signing this agreement you certify that you understand and accept that each lot has different amenities. By parking at the location you specified in this agreement, you’re indicating that you’ve inspected the location before parking, and you are satisfied with the “Amenities” at the location and the amenities are at par with your expectations.

 

(5.16)GATE CODES:

Gate codes are changed regularly and must not be shared. All gates must be locked every time and at all times when the driver/Licensee enters and exits the gates. driver / Licensee may not leave the gate open for others. LOCK THE GATE EACH TIME YOU COME IN AND LEAVE! NO exceptions.

 

(5.17)LATE PAYMENTS:

A late payment fee of $25.00 PER VEHICLE /per day will be added to any monthly vehicle when payment is more than (5) days past due. Then, after thirty (30) days past due, the vehicle will be considered Abandoned. PLEASE SEE THE ABANDONED VEHICLE SECTION BELOW. Notwithstanding, such late payment fees, failure to pay and such monthly payment on or before the due date shall be deemed a default of the Licensee under the terms of this agreement.

 

(5.18)ABANDONED VEHICLES:

Once the vehicle is left on the property and the parking is unpaid for 30 days or more, the vehicle will be deemed abandoned and the vehicle will be barricaded, booted, towed, and/or impounded. Abandoned vehicles will accrue a $50 storage fee per day. Court orders will be applied to gain ownership of the abandoned vehicles. Once this procedure starts, the costs of said action will be the sole responsibility of the driver/licensee. Once the Court Order papers are signed and finalized by the Judge, the vehicle will no longer be the property of the Licensee.

 

(5.19)PARKING PERMIT, STICKER / HANGER POLICY:

All vehicles must be backed in so we can see the front of your parked vehicle and NUMBERED parking sticker/hanger! We will send you your parking authorization sticker(s) and hanger(s), so please place them on your vehicle immediately as follows: Upon signing up for monthly parking you will receive via Semiyard driver app Parking Permit”.Please print and place the temporary parking permit on the driver’s side window. You will also receive an invoice with your PARKING ID. We no longer mail out parking permits. Instead, when you sign up for parking you are automatically assigned a PARKING ID. YOU MUST HAVE YOUR PARKING ID ON ANY AND EVERY VEHICLE THAT IS PARKED AT ANY OF OUR LOCATIONS. IT MUST BE VISIBLE. SEMIYARD DRIVER APP VALIDATION PARKING TAG ON DASHBOARD Hanging tags should be placed on the rear view mirror or visor with the numbers facing the front. Sticker for trailer or towable vehicle that you are leaving such as RV, Trailers, Campers, and Boats should be placed on the tongue of the towable vehicle! A sticker for a PERSONAL vehicle must be placed on the windshield of the a personal vehicle parked on the premises (You may park 1 personal vehicle in the same spot and place of your commercial). You must place a sticker/hanger on your vehicle quickly to avoid being booted or towed! We check and audit each lot every day and all unauthorized vehicles will be towed immediately. ALL HANGERS MUST BE RETURNED AT CONTRACT CANCELLATION.

 

(5.20)PERSONAL VEHICLE PARKING:

All personal vehicles must be parked in the designated area on the property only. The licensee accepts full liability and responsibility for the personal vehicle that is parked on the premises. No personal vehicle will be allowed to be parked in a truck parking space.

 

(5.21)NON-PAYMENT DEFAULT:

Once the parked vehicle is in Default Status for Non-Payment, the vehicle will be towed from its existing parking space and location to another lot and held in impound while the court orders are being filed. Please refer to the item above Abandoned Vehicles for an additional description of exactly what happens when a vehicle is left unpaid. We reserve the right to move any vehicle to another lot due to non-payment.

 

(5.22)LOCKING THE GATE:

All persons using our facility MUST LOCK THE GATES every time you enter and every time you exit the gates. Any person that leaves the gates open at any time will be asked to leave immediately and no refund will occur. So, even if there is someone inside our gate, you must lock them in. All persons inside the gate can let themselves out if the gate is locked behind them. PROTECT YOUR TRUCK AND YOUR POSSESSIONS ALWAYS BY LOCKING THE GATE…EVERY TIME!

 

(5.23)VEHICLE PHOTOS:

A photo of your truck/trailer or stored vehicle must be uploaded when filling out the monthly parking agreement to go into your file.

 

(5.24)PERSONAL VEHICLE PARKING:

All personal vehicles must be parked in the designated area on the property only. The licensee accepts full liability and responsibility for the personal vehicle that is parked on the premises. No personal vehicle will be allowed to be parked in a truck parking space.

 

(5.25)Insurance requirements:

General Liability insurance, Minimum coverage $ 1,000,000 Certificate holder as

Semiyard inc.

180 Promenade Circle,# 300

Sacramento, CA 95834

 

(5.26)NO WAIVER:

None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute a waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.

 

(5.27)SEVERABILITY:

If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or the unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions. which shall be enforced as if the offending term or provision had not been included in this Agreement.

 

(5.28)COUNTERPARTS:

This Agreement may be executed in counterparts, all of which shall constitute a single agreement.

 

(5.29)ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

 

(5.30)NOTICE OF HOW TO BETTER PROTECT YOUR PROPERTY:

We are not responsible for watching your equipment, vehicle, or personal property. We provide a parking space with fencing and lights and sometimes electronic gates. You are parking at your own risk as there is no security watching your vehicle. You must have your insurance as we are not responsible for anything that may happen to your vehicle. It is up to you to protect and secure your vehicle and belongings. You can protect your vehicle(s) and property using a kingpin device to secure your trailer. Wheel locks and steering wheel locks are also suggested where applicable in securing your vehicle or possessions. We also strongly suggest that you always have a GPS tracking or locating device installed on your vehicle or trailer at all times while storing or parking your vehicle or trailer. If you have loaded trailers, you are at risk for theft and we strongly suggest that you leave your loaded trailer in one of our manned, secured lots. Ask us where our secured personnel-secured Lots are located, so we can better assist you 916-755-0085 Monday-Friday (8 am to 4 pm).

Privacy Policy

6.Privacy policy

We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Policy”). This Policy describes the types of information we may collect from you or that you may provide (“Personal Information”) on the Semiyard website (“Website”), “semiyard” mobile application (“Mobile Application”), and any of their related products and services (collectively, “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it.

This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Semiyard Inc. (doing business as “Semiyard”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

 

(6.1) Automatic collection of information

When you open the Website or use the Mobile Application, our servers automatically record information that your browser or device sends. This data may include information such as your device’s IP address and location, browser and device name and version, operating system type and version, language preferences, the webpage you were visiting before you came to the Services, pages of the Services that you visit, the time spent on those pages, the information you search for on the Services, access times and dates, and other statistics.

Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Services. This statistical information is not otherwise aggregated in such a way that would identify any particular User of the system.

 

(6.2) Collection of personal information

You can access and use the Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered on the Services, you may be asked to provide certain Personal Information (for example, your name and e-mail address).

We receive and store any information you knowingly provide to us when you create an account, make a purchase, or fill any forms on the Services. When required, this information may include the following:

– Account details (such as user name, unique user ID, password, etc)

– Contact information (such as email address, phone number, etc)

– Basic personal information (such as name, country of residence, etc)

– Proof of identity (such as a photocopy of a government ID)

– Payment information (such as credit card details, bank details, etc)

– Geolocation data of your device (such as latitude and longitude)

– Certain features on the mobile device (such as contacts, calendar, gallery, etc)

– Any other materials you willingly submit to us (such as articles, images, feedback, etc)

Some of the information we collect is directly from you via the Services. However, we may also collect Personal Information about you from other sources such as public databases and our joint marketing partners.

You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Services. Users who are uncertain about what information is mandatory are welcome to contact us.

 

(6.3) Privacy of children

We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Services. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Services, please contact us to request that we delete that child’s Personal Information from our Services.

We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.

 

(6.4) Payment processing

In case of Services requiring payment, you may need to provide your credit card details or other payment bank account information, which will be used solely for processing payments. We use third-party payment processors (banks ”) to assist us in processing your payment information securely.

Payment Processors adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with strict vulnerability standards in order to create as secure of an environment as possible for Users. We will share payment data with the Payment Processors only to the extent necessary for the purposes of processing your payments, refunding such payments, and dealing with complaints and queries related to such payments and refunds.

Please note that the Payment Processors may collect some Personal Information from you, which allows them to process your payments (e.g., your email address, address, credit card details, and bank account number) and handle all the steps in the payment process through their systems, including data collection and data processing. Where necessary for processing future or recurring payments and subject to your prior consent, your financial information will be stored in encrypted form on secure servers of our Payment Processors. The Payment Processors’ use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Policy. We suggest that you review their respective privacy policies.

 

(6.5) Managing information

You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below.

 

(6.6) Disclosure of information

Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our trusted subsidiaries and joint venture partners, affiliates, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of the Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any information with unaffiliated third parties.

Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes. We will share and disclose your information only with the following categories of Service Providers:

– Advertising networks

– Affiliate programs

– Cloud computing services

– Communication and collaboration services

– Data analytics services

– Data storage services

– Financial services

– Order fulfillment services

– Payment processors

– Performance monitoring services

– Product engineering and design services

– Sales and marketing services

– Social networks

– User authentication services

– Website hosting service providers

We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

In the event, we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and your Personal Information will likely be among the assets transferred.

 

(6.7) Retention of information

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law up to a maximum of 120 months.

We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

 

(6.8) California privacy rights

Consumers residing in California are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act (“CCPA”). If you are a California resident, this section applies to you.

In addition to the rights as explained in this Policy, California residents who provide Personal Information as defined in the statute to obtain Services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the categories and specific pieces of Personal Information we have collected and disclosed.

Furthermore, California residents have the right to request deletion of their Personal Information or opt-out of the sale of their Personal Information which may include selling, disclosing, or transferring Personal Information to another business or a third party for monetary or other valuable consideration. To do so, simply contact us. We will not discriminate against you if you exercise your rights under the CCPA.

 

How to exercise your rights

Any requests to exercise your rights can be directed to us through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. If we receive your request from an authorized representative, we may request evidence that you have provided such an authorized representative with power of attorney or that the authorized representative otherwise has valid written authority to submit requests on your behalf.

You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

 

(6.9) Cookies

Our Services use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You may learn more about cookies and how they work here.

We may use cookies to collect, store, and track information for security and personalization, and for statistical purposes. Please note that you have the ability to accept or decline cookies. Most web browsers automatically accept cookies by default, but you can modify your browser settings to decline cookies if you prefer.

 

(6.10) Do Not Track signals

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your Personal Information.

Advertisements

We may permit certain third-party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about User activities on the Services. These companies may deliver ads that might place cookies and otherwise track User behavior.

 

(6.11) Email marketing

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

 

(6.12) Push notifications

We offer push notifications to which you may also voluntarily subscribe at any time. To make sure push notifications reach the correct devices, we use a third-party push notifications provider who relies on a device token unique to your device which is issued by the operating system of your device. While it is possible to access a list of device tokens, they will not reveal your identity, your unique device ID, or your contact information to us or our third-party push notifications provider. We will maintain the information sent via e-mail in accordance with applicable laws and regulations. If, at any time, you wish to stop receiving push notifications, simply adjust your device settings accordingly.

 

(6.13) Affiliate links

We may engage in affiliate marketing and have affiliate links present on the Services for the purpose of being able to offer you related or additional products and services. If you click on an affiliate link, a cookie will be placed on your browser to track any sales for purposes of commissions.

 

(6.14) Links to other resources

The Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Services and to read the privacy statements of each and every resource that may collect Personal Information.

 

(6.15) Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.

Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.

 

(6.16) Data breach

In the event we become aware that the security of the Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Services.

 

(6.17) Changes and amendments

We reserve the right to modify this Policy or its terms related to the Services at any time at our discretion. When we do, we will post a notification within the Services. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Policy will be effective immediately upon the posting of the revised policy unless otherwise specified. Your continued use of the Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

 

(6.18)Use and processing of collected information

We act as a data controller and a data processor when handling Personal Information unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.

Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Services. In such instances, we are a data controllers because we determine the purposes and means of the processing of Personal Information.

We act in the capacity of a data processor in situations when you submit Personal Information through the Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller.

In order to make the Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:

– Create and manage user accounts

– Fulfill and manage orders

– Deliver products or services

– Improve products and services

– Send administrative information

– Send marketing and promotional communications

– Send product and service updates

– Respond to inquiries and offer support

– Request user feedback

– Improve the user experience

– Post customer testimonials

– Deliver targeted advertising

– Administer prize draws and competitions

– Enforce terms and conditions and policies

– Protect from abuse and malicious users

– Respond to legal requests and prevent harm

– Run and operate the Services

Processing your Personal Information depends on how you interact with the Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. We may also combine or aggregate some of your Personal Information in order to better serve you and to improve and update our Services.

Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

 

(6.19) Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Services and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Services.

 

Contacting us

If you have any questions, concerns, or complaints regarding this Policy, the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us using the details below:

support@semiyard.com

We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.

This document was last updated on July 24, 2021.

Contact Us

 180 Promenade Circle, Suite 300, Sacramento, CA, 95834 USA.
   (916) 755 - 0085

   (916) 495 - 3762

   support@semiyard.com

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