Privacy Policy - makeSEA

The makeSEA Commitment to Privacy

(PRIVACY POLICY)

Your California Privacy Rights.
      California law requires us to ensure the privacy of our customers' personal information and, upon request, to make certain disclosures regarding the way we use it. California law also requires us to provide information to you regarding our Privacy Policy (the "Privacy Policy") and the designated means by which you may inquire about our policy.
      Omegabit, LLC, a California limited liability company which does business as makeSEA ("makeSEA") is sensitive to your concerns about how we use the personal information we collect from you through the makeSEA.com website (the "Site") and other plug-ins exchanging information with makeSEA (collectively, the "Applications"). The Site and Applications are sometimes collectively referred to as "Online Services" for simplicity.
      As a component of the Online Services, you acknowledge and agree that makeSEA's purpose is to create and maintain an online digital rights repository (the "Repository") and management system of various works of intellectual property, including, but not limited to, 3D printing. By uploading and posting your intellectual property (collectively, the "Work") in the Online Services you have agreed to add your Work to the makeSEA® Repository. In accordance with our Terms of Use, you may limit who has access to your Work but once you have licensed any portion of your Work to a third party (in accordance with the license terms you designate), your Work cannot be removed from the makeSEA Repository except in limited circumstances within makeSEA's discretion.
      makeSEA takes your privacy seriously and has implemented this Privacy Policy and internal policies and practices to keep your personal and financial information secure. In accordance with California Civil Code Section 1798.83 as amended from time to time and/or Section 1798.140(o) upon its effectiveness in January 1, 2020, when you visit the Site or request information from us, we collect personal information from you when you use the Online Services. For purposes of this Privacy Policy, the term "personal information" as provided under California law shall be defined as "Personally Identifiable Information" here and includes: (i) "Contact Data" (such as your name, address, city, state, zip code, phone number, email address, birthdate, business affiliation, and online identifier such as your IP address); and (ii) "Financial Data" (such as your credit card number, expiration date, and verification code).
      This Privacy Policy is incorporated into our Terms of Use and governs your use of the Online Services. By using the Online Services, you accept the terms of this Privacy Policy and the use of your Personally Identifiable Information. To the extent that information we collect is personal data subject to the European Union's General Data Protection Regulation ("GDPR"), our collection of that data is based on our legitimate interests. This is our lawful basis for controlling and/or processing the data. As an additional lawful basis, we may need to process this data to fulfill our contractual obligations to you or to provide you with a quote if you have requested one. If you have questions or concerns about the Privacy Policy, please refrain from using the Online Services and contact Customer Service at (877) 411-2220 or via e-mail at support@makesea.com.
      makeSEA complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. makeSEA has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program and to view makeSEA's certification, please visit https://www.privacyshield.gov/Program-Overview. When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve complaints regarding the transfer of your data that we cannot resolve with you directly.
      By using the Online Services, you acknowledge that makeSEA will use your information in the United States and any other country where makeSEA has customers. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to these countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections.
      1. What Information Do We Collect About Our Customers?
            1.1. Traffic Data. makeSEA uses a number of internal and third-party methods to recognize visitor data like IP addresses and browser settings (collectively "Visitor Data"). The makeSEA internal servers and software automatically recognize Visitor Data. No Personally Identifiable Information is revealed in this process. The Site may use Visitor Data to compile traffic data about the types of visitors who use the Site at specific intervals (collectively "Traffic Data").
      makeSEA may use the standard cookie feature of major browser applications and third-party providers or employ internally developed cookies and tracking codes such as Web beacons that allow makeSEA to store a small piece of data on a visitor's computer, or any other device a visitor uses, to access the Online Services, about his or her visit to the Site or use of Applications. makeSEA does not capture Personally Identifiable Information in cookies or use cookies to mine Personally Identifiable Information.
      An HTTP referrer is a tool that allows Web sites and servers to identify from where people are visiting for promotional or security purposes. We may have an HTTP referrer tool implemented on the Site which may track and maintain the identity of the Web site you visited immediately prior to visiting the Site.
      We may use Traffic Data to analyze Site traffic, but this information is not examined for Personally Identifiable Information. We may also use Traffic Data to diagnose problems with our server(s), administer our Site, or display content according to your preferences. Visitor Data and Traffic Data may also be shared with business partners, affiliates, or advertisers on an aggregated and anonymous basis.
            1.2. Personally Identifiable Information. makeSEA requires each customer to provide us with Personally Identifiable Information to access and use makeSEA products and services, including, but not limited to, the Online Services. Personally Identifiable Information is captured only when a visitor accesses our online signup features hosted by PayPal, Inc. ("PayPal") or speaks on the phone with a makeSEA employee and willingly discloses that information. This disclosure may occur when a visitor registers for the Online Services, engages in transactions, contacts customer service, or participates in sweepstakes, promotions, surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, or other aspects of services offered by makeSEA from time to time.
                  1.2.1. For personal data subject to the GDPR, we rely on several legal bases to process the data. These include our legitimate business interests, such as improving, personalizing, and developing the Online Services, marketing new features or products that may be of interest, and promoting safety and security as described in this Privacy Policy, when the processing is necessary to perform a contract with you (like the Terms of Use), and when you have given your consent, which you may withdraw at any time using your account settings. Please note that withdrawing your consent will not withdraw your Work from the Repository.
            1.3. Calls/Electronic Communications. In the regular course of our business, makeSEA may monitor and record phone conversations or email communications between you and makeSEA employees for training and quality assurance purposes. You consent to our recording of those conversations when you contact our customer service department by phone; if you do not wish to be recorded, please let the customer service representative know. Further, we may receive a confirmation when you open or click on content in an email from us, which helps us make our communications to you more useful and interesting. If you do not wish to receive email from makeSEA, you may unsubscribe from our mailing list on any of the promotional emails we may send. For so long as you maintain an account with makeSEA, we will continue to send you service-related e-mails regarding your account.
            1.4. Children's Privacy. makeSEA is concerned about the safety of children when they use the Internet and the Web site(s). Except as may be authorized through their particular educational institution and makeSEA, children (persons under the age of 18) are not eligible to use the Site unsupervised, and we ask that children do not upload any Work to the Repository, post any comments or reviews to our blog or electronic bulletin board, or submit any personal information to us. We will never knowingly request Personally Identifiable Information from anyone under the age of 18. We rely on the Personally Identifiable Information you supply and will filter based on birth year. Accordingly, we will not knowingly share any minor's Personally Identifiable Information. You are responsible for any and all account activity conducted on your account including by a minor.
            1.5. California Do Not Track Notice. Do Not Track ("DNT") is a mechanism for allowing Internet users to control the tracking of their online activities across Web sites. Currently, various browsers (including, but not limited to, Internet Explorer, Firefox and Safari) offer a DNT option that relies on a technology known as a DNT header which sends a signal to Web sites visited by the browser user about the user's DNT preference. You usually can access your browser's DNT option in your browser's preferences. We do not track our customers over time and across third party Web sites to provide targeted advertising and therefore currently do not respond to Do Not Track ("DNT") signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so third parties (particularly advertisers) know you do not want to be tracked.
      2. How Do We Use the Information We Collect and Do We Share the Personally Identifiable Information We Receive?
            2.1. How Do We Use the Information We Collect. We use information we collect from the Online Services to communicate with you, process your order(s), maintain the Repository and the attribution lineage for uploaded Work, facilitate your transactions with our third-party marketing or hosting partner(s) and/or other users of the Site, and inform you of offers and discounts. For example, you may receive a welcome email that confirms your username and password, and later receive communications responding to your inquiries, providing services you request, and managing your account. We occasionally send service-related announcements, for example, to alert you if we need to temporarily suspend the Site for maintenance. We may send promotional emails from time to time. You may not opt-out of service-related communications which are not promotional. If you would like to request information about what we collect, please feel free to call us at 800.803.1050 or write us at P.O. Box 15630, San Luis Obispo, CA 93401 as well. In accordance with California law and the GDPR, we will respond in writing to your request within thirty (30) days. In accordance with the GDPR, you have the right to obtain confirmation that your personal data is being processed and to access to your personal data and other supplementary information. Per the terms of the GDPR, this information will be provided free of charge; provided, however, if any request is manifestly unfounded or excessive, particularly if it is repetitive, you may be charged a reasonable fee or we may not respond.
            2.2. Do We Share the Information We Receive? We share customer information with third parties only as follows:
                  2.2.1. Use of Personal Information. makeSEA, sometimes with the assistance of a third party or affiliate, may use your Personally Identifiable Information to process your payment through merchant account services, to generate the products and/or services you order, and to analyze our customer demographics. Your Contact Data may be used to follow up with you on transactions you initiate through Online Services, respond to inquiries made through Online Services, inform you of changes to Online Services, and send you additional information about makeSEA and its products and services. Unless specifically authorized by you, we do not provide Personally Identifiable Information to third parties for marketing purposes. Notwithstanding anything to the contrary contained herein, we may provide information to a third party in response to a subpoena, to otherwise comply with the law, or to detect, prevent or otherwise address fraud, security or technical issues.
                  2.2.2. Contact Data and Traffic Data. Contact Data and Traffic Data are used to gather general statistics about our customers and visitors. We may use Demographic Data to generate collective information about our users, but not in a way that identifies any user specifically. For example, we may inform third parties about the number of registered users and unique visitors and the pages most frequently browsed.
            2.3. Service Providers. We may share Contact Data with companies that provide support services to us (such as a printer or email service provider) or that help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose.
      3. Opting Out.
      You may choose not to provide makeSEA with Personally Identifiable Information or you may turn off cookies in your browser by changing its settings. If you make these choices, you may continue to browse the Site's pages. However, makeSEA cannot provide the Online Services or process orders without Personally Identifiable Information.
      If you do not wish to receive promotional materials from makeSEA, you may opt-out when you create your account or unsubscribe from our mailing list on any materials we send. You may not opt-out of service-related communications, which are not promotional.
      If you do not wish to receive service-related communications or if you wish to withdraw your consent, you may terminate your account by phoning us at (877) 411-2220 or e-mailing us at unsubscribe@makesea.com. In accordance with the GDPR, you can choose to withdraw your consent to our processing of your information and your use of the Online Services at any time by closing your account through your account settings and then e-mailing unsubscribe@makesea.com to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent and your account cannot be reinstated. Notwithstanding the foregoing, any Work you have licensed through the Online Services will remain in the Repository in accordance with the terms and conditions of the then-current Terms of Use.
      You can opt-out of promotional communications by following the unsubscribe instructions in any communication or by emailing us at unsubscribe@makesea.com. It may take up to fourteen (14) business days to unsubscribe.
      If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.
      Opting out with makeSEA does not mean you have opted out with other users of the makeSEA® community or PayPal as it is used on the Site. Please consult these third parties' respective privacy policies and related policies for information regarding any related opt out opportunities or an opportunity to withdraw your consent.
      4. Website Areas Beyond makeSEA's Control. The Site may include interactive forums such as message boards and chat rooms. Any Personally Identifiable Information disclosed in these areas is public and becomes public information. You should use caution when deciding whether to disclose your Personally Identifiable Information in these forums.
      5. Transfers. makeSEA provides a voluntary service; you can choose whether or not you want to use the Online Services. However, if you use the Online Services and/or post your Work in the Repository, those actions reflect your affirmative consent to our Terms of Use, which sets out the contract between makeSEA and other makeSEA® users. As we are based in the United States and use technical infrastructure in the United States to deliver the Online Services to you, in accordance with the contract between us, we need to transfer your personal information to the United States and to other jurisdictions as necessary to provide the Online Services. Simply put, we cannot provide you with the Online Services and perform our contract with you without moving your personal information around the world. We likely will transfer your personal information outside of Europe. If your use of the Online Services, however, is governed by the GDPR, the protection afforded to you by the GDPR will not be undermined.
      6. Other Transfers.
      We may share Personally Identifiable Information and other data with businesses controlling, controlled by, or under common control with makeSEA. If makeSEA is merged, acquired, or sold, or if some or all of our assets or equity are transferred, we may disclose or transfer Personally Identifiable Information and other data in connection with the associated transactions.
      7. Bankruptcy.
      In the event of a bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, makeSEA may not be able to control how your personal information is treated, transferred, or used or how the Repository is handled. If such an event occurs, your Personally Identifiable Information may be treated like any other makeSEA asset and sold, transferred, or shared with third parties, or used in ways not contemplated or permitted under this Privacy Policy, without notice to you or your consent.
      8. Links to Third-Party Websites and Third-Party Service Providers. makeSEA may maintain links to other websites and other websites may maintain links to the Online Services. This Privacy Policy applies only to the Site and not to other websites accessible from the Site or that you use to access makeSEA, each of which may have privacy policies materially different from this Privacy Policy. If you visit other websites, makeSEA is not responsible for the privacy practices or content of those sites. It is your responsibility to review the privacy policies of non-makeSEA websites to confirm that you understand and agree with them.
      We may work with third-party service providers that we do not own or control. Unless authorized by you, we do not provide your Personally Identifiable Information to any third-party service providers, except as explained in this Privacy Policy. This Privacy Policy does not apply to the practices of third parties that makeSEA does not own or control or individuals that makeSEA does not employ or manage. If you provide your information to others, different practices may apply to the use or disclosure of the information that you provide to them. makeSEA does not control the privacy policies of third parties, including other users who license their respective Work using the Online Services. makeSEA is not responsible for the privacy or security practices of these licensors, users, or other websites on the Internet, even those linked to or from the Online Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them and/or enter into a license agreement with any of them. For purposes of European law, these licensors and makeSEA users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Online Services.
      9. Accessing and Changing Your Account.
            9.1. User Access to Order Information. makeSEA will give you, or anyone listed as a contact for your account, information about your order(s). This may include information about the nature and status of your upload(s), Work and/or license(s), information you provided to process your order(s), payment information, and contact information. If you want someone to have access to your account, you must list them as a contact or they may not obtain such information. You may confirm who is listed as a contact for your account, add new contacts, or remove contacts by contacting makeSEA at Customer Service at (877) 411-2220 or via e-mail to support@makesea.com.
            9.2. User Access to and Ability to Update Personally Identifiable Information. You may visit your personal account profile at any time by signing into PayPal or the Site and clicking on the "My Account" link. Through My Account, you may: (i) review and update your Contact Data; (ii) update billing data; or (iii) cancel the Online Services. If you want to access your personal data under the GDPR or remove your Personally Identifiable Information from our Site, you may contact us at support@makesea.com. makeSEA may maintain some or all of this data in its archives even after it has been removed from the Site.
            9.3. Password Protection. To provide our customers with an increased level of security, online access to track your order(s) requires your e-mail address and corresponding order number(s) and your account is protected with a password you select. We strongly recommend you do not disclose your password to anyone. makeSEA will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages).
      10. How Secure Is the Personal Information We Collect?
            10.1. Our Commitment to Data Security and Disclaimers. We strive to make certain that our server(s) and connections incorporate the latest encryption and security devices. We have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect. Credit card and personal information are transmitted by secure servers. Documents are delivered to you via UPS or similar overnight delivery services, the United States Postal Service, or email. Unfortunately, no data transmission is guaranteed to be 100% secure and therefore we cannot guarantee the security of information you transmit to or from the Site, Applications, or using our Online Services. You provide this information at your own risk. makeSEA does not ensure or guarantee the security of any information you transmit to us or the accuracy of any information displayed on the Site, Applications or using our Online Services or in connection with or PayPal's shopping cart or payment processing services. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WE DISCLAIM LIABILITY FOR THE THEFT, LOSS, OR INTERCEPTION OF, OR UNAUTHORIZED ACCESS OR DAMAGE TO, YOUR DATA OR COMMUNICATIONS. BY USING THE SITE, APPLICATIONS, AND OUR SERVICES YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ASSUME THESE RISKS.
      IF YOU BELIEVE YOUR PRIVACY HAS BEEN BREACHED THROUGH USE OF OUR SITE, APPLICATIONS, OR OTHER ONLINE SERVICES PLEASE CONTACT US IMMEDIATELY AT
(877) 411-2220 OR VIA E-MAIL TO SUPPORT@MAKESEA.COM.
      11. Retention. makeSEA will retain your information only for as long as is necessary for the purposes set out in this Privacy Policy, for as long as your account is active (i.e., for the lifetime of your makeSEA® account), as described in this Privacy Policy, or as needed to provide the Online Services to you and/or manage the Repository. If you no longer want makeSEA to use your information to provide the Online Services to you, you may close your account; provided, however, any Work you uploaded to the Repository and licensed to others shall remain in the Repository. makeSEA will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this Privacy Policy. In addition, makeSEA licensors and or licensees also may be required to retain and use your information in order to comply with their legal obligations. Also, we retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
      12. Your Responsibilities.
            12.1. If you use our Online Services, you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with licensees. This means you process personal information (for example, licensee name, email address, and address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Online Services. You are responsible for protecting user personal information you receive or process and complying with all applicable legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user's information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to other makeSEA® users you interact with and compatible with this Privacy Policy and makeSEA's Terms of Use. For more information on the GDPR, see more resources at https://gdpr-info.eu and http://gdprandyou.ie.
            12.2. To the extent that you, as a data controller, process other makeSEA user(s)' personal information outside of the Online Services, you may be required under applicable data protection and privacy laws to honor requests for data access, portability, correction, deletion, and objections to processing. Also, if you disclose Personally Identifiable Information without the licensee's proper consent, you (not makeSEA) are responsible for that unauthorized disclosure. This includes, but is not limited to, disclosures you make or unintentional data breaches. For example, you may receive a licensee's email address or other information as a result of entering into a transaction with that licensee. This information may only be used for makeSEA®-related communications and/or for makeSEA®-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the licensee's consent, and subject to other applicable makeSEA® policies and laws, you may not add any makeSEA® user to your email or physical mailing list, use that licensee's identity for marketing, or obtain or retain any payment information. Please bear in mind that you (not makeSEA) are responsible for knowing the standard of consent and/or lawful basis required in any given instance.
            12.3. If makeSEA and you are found to be joint data controllers of personal information, and if makeSEA is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of customer personal information, you shall indemnify makeSEA for all costs and expenses it occurs in connection with your processing of licensee personal information together with any damages and/or claims made against makeSEA for your use or misuse of the Personally Identifiable Information of any makeSEA user.
      13. Changes to our Privacy Policy. We change this Privacy Policy from time to time. We will not reduce your rights under this Privacy Policy without your express consent. We indicate the date the last changes were published. If changes are significant, we'll provide a more prominent notice.
      14. Governing Law; Limitation of Damages; Entire Agreement. Except where European law may apply, this Privacy Policy is governed by the laws of the State of California. To the extent European law applies, this Privacy Policy is governed by the GDPR. Venue for any dispute arising under this Privacy Policy shall be in the courts in and for San Luis Obispo County, California. By your use of our site, you agree to be bound by the terms and conditions contained in this Privacy Policy. Except where European law applies, to the extent you may maintain any claims for liability against makeSEA arising from a potential violation of this Privacy Policy or to the misuse of your Personally Identifiable Information, you agree that your recovery for damages is expressly limited to those provided in California Civil Code Section 1798.84, as may be amended from time to time or as be provided by legislation subsequently implemented, including, but not limited to, the California Consumer Privacy Act of 2018 which shall become effective as of January 1, 2020.
      This Privacy Policy together with makeSEA's policies posted on our Site and makeSEA's Terms of Use constitute the entire agreement between you and makeSEA regarding the use of the Online Services and supersede any and all previous and contemporaneous oral and written agreements between you and makeSEA regarding your use of the Online Services.
Effective Date: June 20, 2019