Terms of Service
By signing up with FunnelKits or any of its subsidiaries, you agree to use your account in a manner that is consistent with all applicable laws and regulations and in accordance with the Terms of Service discussed herein. This Agreement is between FunnelKits (“the service provider”, “us,” “we,” or “our”) and all its’ subscribers & users (“the client” “you,” “your” or “subscriber”). This Agreement and the client’s use of services shall become effective on the date the order is submitted by the client to the service provider (“Effective Date”).
Conditions of Use
Service provider reserves the right to update and change the Terms of Service at any time and without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account.
The Period of Performance of this Agreement shall commence on the Effective Date and shall automatically renew for additional like periods (“Renewal Periods”) under the same terms of service. The Renewal Fees will be automatically debited from the client’s credit card at the beginning of each renewal period, and you agree that the service provider will not require any additional authorization for any recurring payments or automatic billing options. Services are non-refundable unless the pricing terms for the applicable service expressly states otherwise. The service provider may suspend or terminate use of the your account if you fail to comply with fee agreement.
You are solely responsible for properly cancelling your account. We do not take cancellation requests via email, over the phone or chat. All accounts must be cancelled by the primary account holder through their account. See cancellation instructions here.
We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as SPAM. We maintain a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the account holder’s behalf. All lists used in conjunction with the services provided by the service provider, are required to be 100% opt-in lists. Any client account that is connected to a report of or caught violating these policies, will be immediately terminated.
Please report a complaint or violation of this policy to our Abuse Desk.
You understand that the service provider, and/or its’ assigns do not guarantee, imply, or predict any type of profit or response from said services. The client irrevocably covenants, promises and agrees to indemnify the service provider and/or its’ assigns and to hold the service provider and/or its’ assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its’ assigns may sustain or to which the service provider and/or its’ assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. You agree to use the Service at your own risk.
WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE FUNNELKITS, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.
We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for lost profits or for loss of data or information. If notwithstanding this clause we are held liable to you. While we take all reasonable precautions to ensure your database is secure and protected, the client understands and agrees that the service provider is under no obligation to export, extract, retrieve or “massage” the client’s database except through our EXPORT function.
The service provider will not rent, sell, access or in anyway use the client’s customer database information. This information will be kept strictly confidential in the highest manner possible.
FUNNELKITS reserves the right in its sole discretion to terminate or modify permission to display the logo, and may request that third parties modify or delete any use of the collateral that, in our sole judgment, does not comply with these guidelines, or might otherwise impair our rights in the logo.
By completing our Partner Application you agree to Terms and Rules discussed herein. This Agreement is between FUNNELKITS (“affiliate manager,” “us,” “we,” or “our”) and the Partner (“the referrer”“you,” “your” or “partner”). We are independent parties and this agreement will not form any partnership. This agreement will begin upon our acceptance of your partner application (“Effective Date”) and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
By posting a change notice, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Continued participation in the program 30 days following the posting will be considered as your acceptance of the change.
This Agreement will be governed by the laws of the United States and the state of California. Any action relating to this Agreement must be brought in the Federal or State courts located Santa Barbara, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. By submitting this Partner Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
GDPR, Privacy Shield and FUNNELKITS
What is GDPR?
GDPR (General Data Protection Regulation) is a new set of rules - effective beginning May 25, 2018 - imposed by the European Union on all organizations worldwide that collect or process data about EU citizens.
It’s a complicated set of regulations, and we are not attorneys so you’ll want to do your own research on GDPR compliance and handle it appropriately for your organization.
This section outlines FUNNELKITS’s compliance with our part of GDPR, and the ways in which we help you comply with your part.
How we help you comply with your part:
GDPR imbues EU citizens with several new rights regarding their personal data and privacy. Some of them relate to how you manage the data you store in your FUNNELKITS account. These include:
Your other responsibilities as a Data Controller
Please note that as part of FUNNELKITS’s Terms of Service, you indemnify FUNNELKITS for any legal responsibility arising out of your failure to comply with GDPR.
Our responsibilities as a Data Processor
As a technical services provider who stores the personal information of EU citizens on behalf of Data Controllers, we have certain responsibilities under GDPR which we comply with, including:
If you have any questions regarding FUNNELKITS’s compliance with GDPR, feel free to contact us at GDPR@FUNNELKITS.com
Privacy Shield Policy
Responsibilities and Management
FUNNELKITS has designated our legal department to oversee compliance with the EU and Swiss Privacy Shield program and the GDPR. This team shall review and approve any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy also may be directed to gdpr@FUNNELKITS.com.
FUNNELKITS will maintain, monitor, test, and upgrade information security policies, practices, and systems to assist in protecting the personal data that it collects. FUNNELKITS personnel will receive training, as applicable, to effectively implement this Policy.
Collection and Use of Personal Data
FUNNELKITS provides various products services to its customers, some of whom are EU citizens. FUNNELKITS collects personal data from individuals when they purchase our products, fill out a form on our website, log in to their account, complete surveys, request information or otherwise communicate with us. For example, FUNNELKITScustomers may choose to seek live support or post to a message board.
The personal data that we collect may vary based on the customer’s interaction with our website and request for our services. Generally, FUNNELKITS collects contact information, including names, email and physical addresses, phone numbers, company names and more. We also collect payment information including credit card information. Customers have the option to log into their accounts online and to request service online, including through a live support option; we will collect information that they choose to provide to us through these portals.
When FUNNELKITS customers or non-customers use our services or website online, we will collect their IP address and browser type, along with contact information and any other information that the person chooses to submit through our website.
The information that we collect from customers is used for selling the products and services they buy from us, managing transactions, reporting, invoicing, renewals, other operations related to providing services and products to our customers.
FUNNELKITS also serves its customers as a service provider. In our capacity as a service provider, we will receive, store, and/or process personal data. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of our partners and/or agents. The information that we collect from our customers in this capacity is used for managing transactions, reporting, invoicing, renewals, other operations related to providing services to our customers.
FUNNELKITS uses the personal data that we collect from our customers for the following business purposes, without limitation:
FUNNELKITS does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt-out.
Disclosures and Onward Transfer of Personal Data
FUNNELKITS discloses personal data only to third parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
FUNNELKITS may provide personal data to third parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, FUNNELKITS may store such personal data in the facilities operated by third parties, such as those mentioned in the GDPR section above this Policy. Such third parties must agree to use such personal data only for the purposes for which they have been engaged by FUNNELKITS and they must either:
FUNNELKITS may be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. FUNNELKITS is liable for appropriate onward transfers of personal data to third parties.
FUNNELKITS does not collect Sensitive Data from its customers.
In the case of an onward transfer of your data, FUNNELKITS bears responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. FUNNELKITS shall remain liable under the Principles if our agent processes such personal information in a manner inconsistent with the Principles unless we prove that it we are not responsible for the event giving rise to the damage.
Data Integrity and Security
FUNNELKITS uses reasonable efforts to maintain the accuracy and integrity of personal data and to update it as appropriate. FUNNELKITS has implemented physical and technical safeguards to protect personal data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, electronically stored personal data is stored on a secure network with firewall protection, and access to FUNNELKITS's electronic information systems requires user authentication via password or similar means. FUNNELKITS also employs access restrictions, limiting the scope of employees who have access to personal data.
Further, FUNNELKITS uses secure encryption technology to protect certain categories of personal data. Despite these precautions, no data security safeguards guarantee 100% security all of the time.
FUNNELKITS personnel may access and use personal data only if they are authorized to do so and only for the purpose for which they are authorized.
Right to Access, Change or Delete Personal Data
Changes to this Policy
This policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will notify our customers if we make changes that materially affect the way we handle personal data previously collected, and we will allow them to choose whether their personal data may be used in any materially different manner.
Questions, Complaints, Dispute Resolution
In compliance with the Privacy Shield Principles, FUNNELKITS commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact FUNNELKITS at: gdpr@FUNNELKITS.com.
FUNNELKITS has further committed to refer unresolved Privacy Shield complaints to the EU data protection authorities, an alternative dispute resolution provider located in the EU. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please visit this link to find contact information for your local Data Protection Authority or contact the Swiss Federal Data Protection and Information Commissioner for more information or to file a complaint. The services of these EU DPAs and the Swiss Commissioner are provided at no cost to you.
FUNNELKITS commits to cooperate with the panel established by the EU data protection authorities (DPAs) and/or the Swiss Federal Data Protection and Information Commissioner and to comply with the advice given by the panel and/or Commissioner with regard to human resources data transferred from the EU or Switzerland.
The Federal Trade Commission has jurisdiction over FUNNELKITS’s compliance with the Privacy Shield.
As a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
An individual who decides to invoke this arbitration option must take the following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with the organization and afford the organization an opportunity to resolve the issue within the timeframe set forth in Section III.11(d)(i) of the Principles; (2) make use of the independent recourse mechanism under the Principles, which is at no cost to the individual; and (3) raise the issue through their Data Protection Authority to the Department of Commerce and afford the Department of Commerce an opportunity to use best efforts to resolve the issue within the timeframes set forth in the Letter from the International Trade Administration of the Department of Commerce, at no cost to the individual. This arbitration option may not be invoked if the individual’s same claimed violation of the Principles (1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which the individual was a party; or (3) was previously settled by the parties.
In addition, this option may not be invoked ifan EU Data Protection Authority or the Swiss Commissioner (1) has authority under Sections III.5 or III.9 of the Principles; or (2) has the authority to resolve the claimed violation directly with the organization.