- 1. Intellectual property rights and publicity
- (a)By providing data to Cloom, You grant Cloom an irrevocable, non-exclusive, perpetual, royalty-free, fully paid up, worldwide, transferable. Sub-licensable right and license to use, copy, modify, reproduce, distribute and display the data (including wire harness files,3D CAD data, and drawings), documentation, drawings, and specifications You provide for manufacturing the Parts: (i) as necessary to produce, ship and sell the Parts to You and (ii) to improve our products and services, including, improving our machine learning and pricing algorithms. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution concerning Your data.
- 2.Your representations
- 2.1. You represent and warrant that You have the right authority and capacity to enter into these General Terms of Sale (on behalf of Yourself or the entity that You represent) and that You are authorized to place an order. You represent and warrant that You are 18 years or older and can conclude legally binding agreements.
2.2. You represent and warrant that You have the full right and authority to provide us with all data (including wire harness files,3D CAD data, and drawings), documentation, and specifications. All data You provide is accurate and truthful, and you are authorized to grant the license referred to in Section 1.
2.3. You also represent and warrant that You will use Parts in strict accordance with all applicable state, federal and local laws and requirements.
2.4. You represent and warrant that You understand and agree with, including making the relevant certifications under this Cloom export control policy (the “Export Control Policy”), as follows:
- You understand that Cloom does not accept Export Controlled Data. “Export Controlled Data” is defined as data that is controlled for export under the United States (“U.S.”) law. This includes (technical) data and/or end Parts that are: (1) controlled under the International Traffic in Arms Regulations, or (2) subject to the Export Administration Regulations, and controlled at any level beyond EAR99.
- You certify that Your data (including wire harness files,3D CAD data, and drawings) and/or Your Order DOES NOT include Export Controlled Data.
- You understand that by uploading Your data to the Cloom website, you export data to another country. customwiringloom.com maintains operations outside of the U.S., employs non-U.S. persons, and has non-U.S. manufacturing partners.
- You certify that You understand that it is Your responsibility to determine and provide the appropriate export classification for the products and related technology and software to Cloom and comply with the prohibition on Export Controlled Data provided herein. 3D Hubs relies entirely on You to provide accurate information for purposes of compliance with applicable export control laws. The export classification indicates whether the product and related technologies are controlled, the relevant jurisdiction or jurisdictions, when an export license is required, and whether the product and technology qualify for a license exception. An incorrect classification could result in export control violations, which could, in turn, lead to significant fines and other sanctions.
- You represent and warrant that the production, shipping, sale, and use of the Parts or tooling in response to Your Order does not violate any export control laws or regulations.
- You represent and warrant that You will not, directly or indirectly, (i) sell, export, re-export, transfer, divert or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Cloom to any destination, entity, or person prohibited by the laws or regulations of the U.S. and/or Your local jurisdiction or (ii) use Parts for any use prohibited by the laws or regulations of the U.S., and/or Your local jurisdiction, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
- You may not use Cloom’s services if You are the subject of U.S. sanctions or sanctions consistent with U.S. law imposed by the governments of the country where You are using Cloom’s services.
- 3. Our commitment Cloom, we put our top priority on protecting your personal information. Fully acknowledging that your personal information belongs to you, we do our best to securely store and carefully process the information you share with us. We place our highest value on your trust. We hence collect a minimal amount of information only with your permission and use it solely for its intended purposes. We do not provide the information to third parties without your knowledge. We at Cloom devote our best efforts to ensure your data protection, including technical data security and internal management procedures as well as physical data protection measures. We strive to improve your lives by offering inspiring and fascinating digital experiences. To do so, your trust is paramount, and thus, we will do our best to protect your personal information. Thank you for your continued interest and support.
- 4.Data we collect from your personal data is information that can be used to directly or indirectly identify you. Personal data also includes anonymous data linked to information that it can use to identify you directly or indirectly. Personal data does not include data that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you. If you register an account with Clooms.com, we’ll have access to your e-mail address and any additional contact information you choose to provide us. If you place an order, we retain a record of the order’s contents, delivery and billing address information, and any communication you might have with our salespeople or engineering support teams about the order.
- If you browse customwireloom.com, with or without a login, we know for a limited time that a user at your IP address has visited pages on the site.
We collect data on what products and content you browse to offer better value through personalized email and see which products/content are the most useful to you.
- 5.Promoting safety and security abiding by the principles of legality, legitimacy, and transparency, using and processing the least data within a limited scope of purpose, and taking technical and administrative measures to protect the security of the data. We use personal data to help verify accounts and user activity and promote safety and security by monitoring fraud and investigating suspicious or potentially illegal activity or violations of our terms or policies. Such processing is based on our legitimate interest in helping ensure the safety of our products and services. Here is a description of the types of personal data we may collect and how we use it:
- 6. What Personal Data We Collect
- ⅰ. Data you provide:
We collect the personal data you provide when you use our products and services or otherwise interact with us, such as when you create an account, contact us, participate in an online survey, use our online help or online chat tool. If you make a purchase, we collect personal data in connection with the purchase. This data includes your payment data, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing, shipping, and contact details.
ⅱ. Data about use of our services and products:
When you visit our websites, we may collect data about the type of device you use, your device’s unique identifier, the IP address of your device, your operating system, the type of Internet browser that you use, usage information, diagnostic information, and location information from or about the computers, phones, or other devices on which you install or access our products or services. Where available, our services may use GPS, your IP address, and other technologies to determine a device’s approximate location to allow us to improve our products and services.
- 7.How We Use Your Personal Data
- Generally speaking, we use personal data to provide, improve, and develop our products and services, communicate with you, offer you targeted advertisements and services, and protect our customers and us.
ⅰ. Providing, improving, and developing our products and services:
We use personal data to help us provide, improve, and develop our products, services, and advertising. This includes using personal data for purposes such as data analysis, research, and audits. Such processing is based on our legitimate interest in offering you products and services and for business continuity. If you enter a contest or other promotion, we may use the personal data you provide to administer those programs. Some of these activities have additional rules, which may contain further data about using personal data, so we encourage you to read those rules carefully before participating.
ⅱ. Communicating with you:
Subject to your prior express consent, we may use personal data to send you marketing communications about our own products and services, communicate with you about your account or transactions, and inform you about our policies and terms. If you no longer wish to receive email communications for marketing purposes, please contact us to opt out. We also may use your data to process and respond to your requests when you contact us. Subject to your prior express consent, we may share your personal data with third-party partners who may send you marketing communications about their products and services. Subject to your prior express consent, we may use personal data to personalize your experience with our products and services and third-party websites and applications to determine our promotional campaigns’ effectiveness. NOTE: For any of the uses of your data described above that require your prior express consent, note that you may withdraw your consent by contacting us.
We send mail to users when orders are placed, shipped, or ready for local pickup. We may also contact you when an order requires payment before shipping or if other issues prevent us from fulfilling an order.
We will notify users if we believe their privacy has been compromised if it is within our power to do so. For example, if we discover a customer’s account, user login information has been exposed elsewhere on the web, or we are compelled to disclose information to law enforcement.
We may occasionally send you an email that you did not request or trigger with an action of any kind to promote a certain aspect of our site, products, or services.
- 8.Definition of “Cookies”
- Cookies are small pieces of text used to store information on web browsers. Cookies are widely used to store and receive identifiers and other information on computers, phones, and other devices. We also use other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, for similar purposes. In this Cookie Statement, we refer to all of these technologies as “cookies.”
- 10.Disclosure of Personal Data
- We makes certain personal data available to strategic partners that work with us to provide our products and services or help us market to customers. It will only share personal data with these companies to provide or improve our products, services, and advertising; it will not be shared with third parties for their own marketing purposes without your prior express consent.
- 11.About website log
- In order to understand traffic to customwiringloom.com and diagnose technical problems, we log individual web requests. These logs include the time of the request, individual IP address, referrer, and user agent strings. We may retain these logs for up to 60 days, although it will obscure individually identifying information after one week.
To prevent fraud and detect malicious behavior, we log IP addresses for specific actions, such as creating a customer account and placing an order. This information is automatically deleted after no more than 60 days.
Except in the case of malicious traffic, we will not share log data with any third party unless compelled by legal process to do so.
- 12.Disclosure of Personal Data
- 13.Shipping providers offer shipping through third parties such as DHL, EMS, FedEx, UPS, Hong Kong Post, and the United States Postal Service. We pass delivery addresses, phone numbers, and invoices to these companies to the extent required to quote shipping prices and successfully deliver orders.
- 14.Force Majeure
- customwiringloom shall not be responsible for any delay or failure in delivery or performance of any of its duties under any Order due to events beyond its reasonable control or acts or omissions or any other occurrence commonly known as force majeure, including but not limited to war, riots, acts of terrorism, acts of God, pandemics, natural disasters, embargoes, strikes, or other concerted acts of workers, casualties or accidents, failure by any custom wiring loom manufacturing partner to meet their obligations or any other causes or circumstances that prevent or hinder the manufacture or delivery of the Parts&wire harness.
custom wiring loom may suspend performance under an Order for so long as such performance is delayed by such occurrence or cancel the Order at its sole discretion, in which case customwiringloom.com is not liable for any resulting damages.
- 15.Payment Providers
- Payments for buying wire harnesses at customwiringloom.com are processed through Paypal. When using PayPal on customwiringloom.com, a user should provide their PayPal email address. The user will then be directed to paypal.com to complete their payment, after which they will be redirected to customwiringloom.com to complete the order. If you do not have a Paypal account, credit card data, including the cardholder name, credit card number, expiration date, CVV, and full billing address, are sent to Paypal via an API for processing. Details regarding orders are not sent to Paypal. Each transaction is logged by retaining the transaction amount, the customer’s name, addresses, and phone numbers. No, credit card data is stored at any point on customwiringloom.com’s servers. Your credit card information is immediately tokenized the first time it is processed. Tokenization is when credit card information is captured by a secure payment processor and replaced by a randomly generated number. Should you elect to save a credit card to your account for future use, only the encrypted token is stored and used to charge your credit card account.
- 16.Data Disclosure or Storage, Transfer, and Processing
- ⅰ. Fulfilling legal obligations: Due to the mandatory laws of the European Economic Area or the country where the user lives, certain legal acts exist or have occurred, and certain legal obligations need to be fulfilled. Treatment of personal data of EEA residents —As described below, if you reside within the European Economic Area (EEA), our processing of your personal data will be legitimized: Whenever we require your consent for the processing of your personal data, such processing will be justified under Article 6(1) of the General Data Protection Regulation (EU) (“GDPR”). ⅱ. For reasonable implementation or application of this article: We may share personal data with all our affiliated companies. In the event of a merger, reorganization, acquisition, joint venture, assignment, spin-off, transfer, or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings, we may transfer any personal data to the relevant third party. We may also disclose personal data if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users. ⅲ. Legal Compliance and Security or Protect Other Rights It may be necessary—by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence—for us to disclose personal data. We may also disclose personal data if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
- Our products and services are intended for adults. Accordingly, we do not knowingly collect, use, or disclose data from children under 16. If we learn that we have collected the personal data of a child under 16, or the equivalent minimum age depending on the jurisdiction, we will take steps to delete the data as soon as possible. Please immediately contact us if you become aware that a child under 16 has provided us with personal data.
- 18.Your rights
- take reasonable steps to ensure that your personal data is accurate, complete, and up to date. You have the right to access, correct, or delete the personal data that we collect. You are also entitled to restrict or object, at any time, to the further processing of your personal data. You have the right to receive your personal data in a structured and standard format. You may complain to the competent data protection authority regarding the processing of your personal data. To protect your personal data’s privacy and security, we may request data from you to confirm your identity and right to access such data and search for and provide you with the personal data we maintain. There are instances where applicable laws or regulatory requirements allow or require us to refuse to provide or delete some or all of the personal data that we maintain. You may contact us to exercise your rights. We will respond to your request in a reasonable timeframe, and in any event, in less than 30 days.
- 19.Third-Party Websites and services when
- 20.Data Security, Integrity, and Retention
- We use reasonable technical, administrative, and physical security measures designed to safeguard and help prevent unauthorized access to your data and correctly use the data we collect. We will retain your personal data for as long as it is necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law.
- 21.Changes to this Privacy Statement
- We may periodically change this Privacy Statement to keep pace with new technologies, industry practices, and regulatory requirements, among other reasons. Your continued use of our products and services after the effective date of the Privacy Statement means that you accept the revised Privacy Statement. If you do not agree to the revised contact us Privacy Statement, please refrain from using our products or services and contact us to close any account you may have created.