Privacy Policy

This privacy policy (this “Privacy Policy”) explains how Convex Labs Inc. (“Convex Labs”, “we” or “us”) collects, uses and discloses information related to the Convex Labs website currently located at https://convexbuilt.com/ (the “Website”). By accessing or using our Website, you confirm that you have read, understood and agree to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not access or use the Website.

ACCEPTANCE OF TERMS

The Website can only be accessed and used subject to this Convex Labs Privacy Policy. PLEASE READ THIS PRIVACY POLICY CAREFULLY.  BY USING THE WEBSITE, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE CONVEX LABS PRIVACY POLICY AND REPRESENT TO US THAT YOU ARE 18 YEARS OF AGE OR OLDER AND ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS AND CONDITIONS OF THE PRIVACY POLICY. IF YOU DO NOT ACCEPT THE PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE.

MODIFICATIONS OF PRIVACY POLICY

We may modify or update the Privacy Policy from time to time. It is your sole responsibility to check the Website from time to time to view any such changes in the Privacy Policy. When we change the Privacy Policy in a material manner, we will notify you by posting an announcement on our Website. Your continued use of the Website after any change constitutes your acceptance of the new Privacy Policy. If you do not agree to any of these terms or any future Privacy Policy, you may not use or access (or continue to access) the Website.

INFORMATION WE COLLECT

We only collect information on our users if they submit information by using the “Get in Touch” section on the Website. We may collect Personal Information from such submissions. “Personal Information” refers to information that specifically identifies who you are, such as your name, email address, and information relating to your message or query. Your submission of Personal Information via the “Get in Touch” section on the Website constitutes your consent to the use and disclose of your Personal Information as described below.

DO NOT TRACK

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, Convex Labs and the Website do not recognize DNT.

USE OF INFORMATION

The information we collect is used in the following ways:

  • to respond to your message;
  • to provide and support the Website;
  • to improve the Website;
  • for internal business analysis or other business purposes consistent with our mission; and
  • to carry out other purposes that are disclosed to you via the Website.

DISCLOSURES AND TRANSFERS OF INFORMATION

We may disclose your Personal Information to third parties as follows:

  • We have your permission to make the disclosure;
  • We may also disclose Personal Information if the disclosure is to a third party in connection with the sale, transfer or re-organization of some or all of Convex Labs or its assets applicable to the Website, and any such acquirer or transferee will have the right to use and disclose such information subject to the terms of this Privacy Policy;

Prior to sharing of your Personal Information with others, agreements are made between Convex Labs and such outside parties to whom we are transferring data to provide for the allowable use and security of the transferred information in accordance with this Privacy Policy and applicable law. If Convex Labs becomes aware that any such outside party is improperly using or disclosing Personal Information, it will notify that outside party and request that it take reasonable steps to cease such use or disclosure.

CHILDREN’S PRIVACY

We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.

GOVERNING LAW AND ARBITRATION; NO CLASS ACTIONS

This Privacy Policy, and any claim, cause of action or dispute (“claim”) arising out of or related to this Privacy Policy shall be governed by the laws of the State of California regardless of your country of origin or where you access the Website. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THIS PRIVACY POLICY OR THE WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Convex Labs’ right to seek injunctive relief as set forth below.

If you do not want to arbitrate disputes with Convex Labs and you are an individual, you may opt out of this arbitration agreement by sending an email to support@convexlabs.io within 30 days of the day you first access or use the Website.

If you intend to seek arbitration you must first send written notice to Convex Labs’ Customer Service Department of your intent to arbitrate (“Notice”). The Notice to Convex Labs should be sent by any of the following means: (i) electronic mail to support@convexlabs.io or (ii) sending the Notice by U.S. Postal Service certified mail to Convex Labs, 525 Brannan Street, Suite 308, San Francisco, CA 94107, Attention: Blake Meulmester. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.

The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by this Privacy Policy. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Privacy Policy. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules.  We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules.  The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Convex Labs may elect to have the dispute resolved through non-appearance-based arbitration. 

To the fullest extent permitted by applicable law, YOU AND CONVEX LABS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND CONVEX LABS EACH WAIVE ANY RIGHT TO A JURY TRIAL.  If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Convex Labs agree that all claims arising out of or related to this Privacy Policy must be resolved exclusively by a state or federal court located in San Francisco, California, and you and Convex Labs each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Convex Labs shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Website or this Privacy Policy shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

CONTACTING US

If you have any questions about this Privacy Policy, please contact us at support@convexlabs.io.

This Privacy Policy was last modified on August 15, 2018.