Terms of Service

Thank you for downloading the SEQL mobile device application (the “App”), which is developed and made available by SEQL Inc. (the “Company”).  These Terms of Service (“Agreement”) govern your browsing, viewing and other use of the App.

Please read this Agreement carefully, as it (among other things) provides in Section 17 that you and the Company will arbitrate certain claims instead of going to court and that you will not bring class action claims against the Company unless you opt out as provided in such agreement to arbitrate.  Please only create an App account or otherwise use the App if you agree to be legally bound by all terms and conditions herein. Your acceptance of this Agreement creates a legally binding contract between you and the Company.  If you do not agree with any aspect of this Agreement, then do not create an App account or otherwise use the App. 

If you are viewing this on your mobile device, you can also view this Agreement via a web browser on your computer at https://www.seql.com/termsofservice. 

Note for Children.  Use of the App by anyone under the age of 13 is prohibited.  By using the App, you represent and warrant that are you at least 13 years of age.  Minors under 18 and at least 13 years of age are only permitted to use the App through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. 

The Company’s Privacy Policy, at https://www.seql.com/privacypolicy (the “Privacy Policy”), describes the collection, use and disclosure of data and information by the Company in connection with the App.  The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the collection, use and disclose practices set forth therein.

1. How it Works.

 The App allows users to input and upload certain information and media (including video and images) relating their athletic performance, goals and athletic competitions and training in which they participate. The App  also allows users to access coaching and training advice and the Company makes content inputted or uploaded to the App available to university and college athletic departments, coaches and athlete recruiters and scouts with whom the Company has partnered for purposes of evaluating athletic achievement and prowess of App users.

2. Fees.

 Your access to the App will be made available by us at no charge to you.  We reserve the right to commence charging fees for all or any portion of the features or functionality provided on the App upon prior notice to you and subject to your agreement to pay such fees.  If and when we charge fees in connection with your use of the App, we may use a third party payment service to bill you through an online account for fees associated with your use of the App in lieu of directly processing your credit card information. By submitting your payment account information, you grant us the right to store and process your information with the third party payment service, which may change from time to time; you agree that we will not be responsible for any failure of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of such third party payment service in addition to these Terms. You agree that we may change the third party payment service and move your information to other service providers that encrypt your information using transport layer security (TLS) or comparable security technology.

3. Your Content.

3.1  You understand that all services are provided to you through the App on an “as-available” basis and the Company does not guarantee that the availability or operation of the App will be uninterrupted or bug free.  You agree you are responsible for all content provided by you to the App and all activities that occur under your user account.

3.2 You hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, license to reproduce, display, transmit and otherwise use content provided by you with respect to your use of the App, including your name, nickname, image, likenesses, other identifications, and biographical material that you provide to the App or that appear in any content that you provide to the App (“Your Content”), in any manner that is necessary or desirable to provide the features and functionality of the App and any related products and services (e.g., a portal used by coaches, recruiters and scouts).  You also hereby grant to each user of the App or user of the App and any such related products and services a non-exclusive license to access and view Your Content as permitted by the functionality of the App.  The aforementioned licenses will terminate with respect to any particular item of Your Content when you or the Company remove it from the App, provided that you acknowledge that such licenses survive to the extent necessary for a copy of Your Content to be retained by the Company.

3.3  In connection with Your Content, you further represent and warrant that you will: (i) not provide any of Your Content that you do not own or that is otherwise subject to any third party intellectual property or proprietary rights; (ii) not provide Your Content that violates the rights of publicity or privacy rights of any person; (iii) to the extent required under applicable law, have obtained valid written permission from each individual person whose image or likeness is used in Your Content sufficient to grant all of the license rights granted herein; (iv) not provide any content that that is unlawful, defamatory, disparaging, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (v) not post advertisements or marketing content or solicitations of business, or any content of a commercial nature.  The Company may investigate an allegation that Your Content does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove any portion of Your Content, which the Company reserves the right to do at any time.  If you are a copyright holder and believe in good faith that your content has been made available through the App without your authorization, you may follow the process outlined at https://www.seql.com/dmcapolicy to notify the Company’s designated agent (pursuant to 17 U.S.C. § 512(c)) and request that the Company remove such content.

3.4 You hereby acknowledge that you may be exposed to content from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the App, and further acknowledge that the Company does not control the content posted by App users and does not have any obligation to monitor such content for any purpose.

3.5 Messaging Services.  The App may allow you to communicate with other App users using messaging, video-conferencing, file-sharing or other applications as we may from time to time make available through the App, which may be third-party applications, that allows App users to communicate with one another and certain third parties who are not App users. You understand that we are not responsible for any content communicated on such messaging services. However, if you would like to report a concern about a communication, you may contact us at [email protected].

4. Representations and Warranties. 

You represent, warrant and covenant that, in connection with this Agreement or the App, you will not and will not attempt to: (i) violate any laws, third party rights or our community guidelines and other policies; (ii) re-join or attempt to use the App if the Company has banned or suspended you; (iii) defraud the Company or another user; or (iv) use another user’s account or allow another person to use your user account.  Any illegal activities undertaken in connection with the App may be referred to the authorities.

5. License to Use the App. 

If you have downloaded the App, then, subject to your compliance with all the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, nontransferable, revocable license to use the App on a compatible mobile device for your personal use, in each case in the manner enabled by the Company. If you are using the App on an Apple, Inc. (“Apple”) iOS device, the foregoing license is further limited to use permitted by the Usage Rules set forth in Apple’s App Store Terms of Service.

6. Ownership; Proprietary Rights.

As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the App and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials.  You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Company Materials. The Company reserves the right to modify or discontinue the App or any version(s) thereof at any time in its sole discretion, with or without notice. 

7. Third Party Sites; Services. 

The App may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.  The App may include features or functionalities that interoperate with services operated by third parties, which may be pursuant to a generally available application programming interface made available by such a third party or pursuant to an agreement that we have with such a third party. We have no control over any features or functionalities offered by any third party, and those features or functionalities may be modified, suspended or terminated at any time with no notice.

8. Mobile Services.

Use of the App requires usage of data and messaging services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees, messaging fees and any other fees that your wireless service carrier may charge in connection with your use of the App.

9. Prohibited Uses. 

As a condition of your use of the App, you will not use the App for any purpose that is unlawful or prohibited by this Agreement. You may not use the App in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App.  You agree not to scrape or otherwise use automated means to access or gather information from the App, and agree not to bypass any robot exclusion measures we may put into place.  In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party).

10. Additional Terms. 

When you use certain features or materials on the App, or participate in a particular promotion, training or coaching session or event through the App, such use or participation may be subject to additional terms and conditions posted on the App. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.

11. Termination. 

You may terminate this Agreement at any time, for any reason or for no reason, by deleting your App account by contacting us at [[email protected], Robert de Wolff, 303 W. 5th street, Austin, Texas 7870].  Note that deleting the App from your device will not terminate your App account.  You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the App, at any time and without notice.  The Company may also in its sole discretion and at any time discontinue providing the App, or any part thereof, with or without notice.  You agree that the Company shall not be liable to you or any third-party for any such termination. Sections 2, 3.2, 3.3, 4 and 6 through 19 (inclusive) will survive any termination of this Agreement.

12. Apple. 

You hereby acknowledge and agree that Apple, Inc.: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (iii) is not responsible for addressing claims by you or any third party relating to the App, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the App or use thereof infringes any third party intellectual property rights; and (v) is a third party beneficiary of this Agreement with the right to enforce its terms against you directly.

13. Disclaimers; No Warranties. 

THE APP AND ANY INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Indemnification. 

You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the App or your breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

15. Release.  

The App may offer tools and resources to connect App users seeking athletic training with those seeking to provide coaching services through the App. The Company: (a) does not employ, recommend or endorse any coaches or trainers or content from such coaches or trainers may be made available from time to time on the App and has no control over the acts or omissions of any coaches or trainers; (b) is not responsible or liable in any manner for the performance or conduct of any coaches or trainers or other third parties online or offline; (c) makes no representations or warranties about the quality of content provided by any coach or trainer or about your interactions or dealings with coaches or trainers; and (d) does not screen content made available on the App by coaches or trainers or conduct any kind of identity or background checks except as otherwise expressly stated in this Agreement. Regardless of whether the Company screens users or performs a background check, you should exercise caution and perform your own screening before connecting with any other user through the App or following any particular training or coaching plan or regimen. You should always consult with your fdoctor before beginning any exercise program, and no content made available in connection with the App should be construed to constitute, or service as a substitute for, medical advice from a duly licensed healthcare professional. The Company hereby expressly disclaims, and you hereby expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries (including personal injury), loss, harm or damages arising from or related to the App, your interactions or dealings with other users or content provided by coaches or trainers through the App, including any acts or omissions of users online or offline.  You hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any other similar provision of applicable law that applies to you. Your use of the App and any content made available on the App is at your sole and exclusive risk.

16. Limitation of Liability and Damages. 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE APP, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP EXCEED THE GREATER OF (I) THE FEES PAID BY YOU TO THE COMPANY FOR USE OF THE APP DURING THE THREE MONTHS PRECEDING THE DATE OF THE CLAIM, IF ANY, AND (II) FIFTY U.S. DOLLARS.

17. Arbitration.

17.1 Agreement to Arbitrate. This Section 17 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and Company arising out of, relating to, or resulting from this Agreement or the App, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies).  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  THE COMPANY AND YOU IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER COMPANY OR YOU. 17.2 Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). 17.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 16. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company. 17.4 Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise. 17.5 Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different App users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law. 17.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA’s Rules.  Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. 17.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties. 17.8 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 17.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 17.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply. 17.9. Opt Out. You may opt out of this agreement to arbitrate in this Section 17.  If you do so, neither you nor we can require the other to participate in an arbitration proceeding.  To opt out, you must notify us in writing within thirty (30) days after the date that you first became subject to this Arbitration Agreement.  The opt out notice must state that you do not agree to the agreement to arbitrate and must include your name, address, phone number, your user account to which the opt out applies and a clear statement that you want to opt out of this Arbitration Agreement.  You must sign the opt out notice for it to be effective.  This procedure is the only way you can opt out of this Arbitration Agreement.  You must use this email address to send your opt-out notice to the Company: [email protected]. 

18. Miscellaneous. 

The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the App user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.  Under this Agreement, you consent to receive communications from the Company electronically, including without limitation via email or push notifications. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to this Agreement or the App that is not subject to arbitration under Section 17 shall be filed only in the state or federal courts in Virginia (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.

19. More Information; Complaints. 

The services hereunder are offered by SEQL Inc., located at [Robert de Wolff, 303 W. 5th street, Austin, Texas 7870], email: [email protected], telephone: [+1 (804) 214-5678].  If you are a California resident, note that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at  (800) 952-5210. Hearing impaired users can call (800) 735-2929 (TTY) or (800) 735-2922 (Voice).

Privacy Policy

SEQL Privacy Policy

Effective:

This Privacy Policy (“Policy”) describes how SEQL Inc. (“SEQL,” “we,” “our,” “us”) collects, uses, and discloses certain personal information obtained through our website (“Site”), available at https://seqlpro.com/, as well as through mobile app (“App”), which is available for download in the Apple App Store or the Google Play Store. By visiting our Site, App, and/or using the features made available to you through the platforms (collectively, the “Services”), you are agreeing to the terms of this Policy.

This Policy applies only to information collected through the Services and does not apply to datawe collect in other contexts.

What Information We Collect and Maintain About You

We collect information from you directly when you provide it to us through the Services. We may also automatically collect certain information about you and your computer, smartphone, or other device when you use, access, or interact with our Services, as well as through third parties as part of offering you our Services.

User Accounts. If you create an account through the Services, we will collect certain categories of information related to the creation and maintenance of your account, including the following:

• Full name
• Profile Type
• Date of birth• Gender
• Age/Date of Birth
• Contact information (email address and phone number)
• High school name
• High school grade
• Primary and secondary sports
• Videos and images related to your use of the Services

Other personal information collected through the Services. You can visit the Site or App without submitting any information that we can use to identify you personally.  However, if you use certain features on the Services, such as sign up for our waitlist or use the “Contact Us” feature on the Site, we will collect certain categories of information about you, such as your name, phone number, and primary sport.

Server logs. Server logs automatically record information and details about your online interactions with us. For example, server logs may record information about your visit to our Sites on a particular time and day and collect information such as your device ID or IP address.

Cookies. We also use cookies on the Services. Cookies are small files that are stored on yourlaptop or mobile device through the Services. A cookie allows the Services to recognize whether you have visited before and may store user preferences and other information. For example, cookies can be used to collect or store information about your use of the Site during your current session and over time (including the pages you view and the files you download), your device’s operating system, your device ID, IP address, and your general geographic location.

Pixel tags. A pixel tag (also known as a web beacon, clear GIF, pixel, or tag) is an image or a small string of code that may be placed in an advertisement or email. It allows companies to set or read cookies or transfer information to their servers when you load a webpage or interact with online content. For example, we or service providers may use pixel tags to determine whether you have interacted with a specific part of our Services, viewed a particular advertisement, or opened a specific email.

SDKs and mobile advertising IDs. Our Services may include third-party software development kits (“SDKs”) that allow us and our service providers to collect information about your activity. In addition, some mobile devices come with a resettable advertising ID (such as Apple’s IDFA and Google’s Advertising ID) that, like cookies and pixel tags, allow us and our service providers to identify your mobile device over time for advertising purposes.

Third-party plugins. Our Services may include plugins from other companies, including social media companies (e.g., the Facebook “Like” button). These plugins may collect information, such as information about the pages you visit, and share it with the company that created the plugin even if you do not click on the plugin. These third-party plugins are governed by the privacy policies and terms of the companies that created them.

Third-party online tracking and behavioral advertising.  We also may partner with certain third parties to collect, analyze, and use some of the personal and other information described in this section.  For example, we may allow third parties to set cookies or use web beacons on the Site or in email communications from us.  This information may be used for a variety of purposes, including online interest-based advertising, as discussed below (see the section entitled “With whom we share your information”).

Aggregated and de-identified information.  From time to time, SEQL may also collect and share aggregated or de-identified information about Site users, such as by publishing a report on trends in the usage of the Site.  Such aggregated information will not identify you personally.

How We Use and Process Your Information

We use the information that we collect for a variety of purposes. Our legal bases for processing your personal information are: 1) our legitimate interest in running and maintaining our business; 2) performance and fulfillment of our contracts; 3) your consent; and 4) compliance with our legal obligations. In many instances, more than one of these legal bases apply to the processing of your personal information.

The purposes for which we use your information include to:  

● Provide you with our Services;
● Respond to your questions or requests concerning the Services;
● Fulfill the terms of any agreement you have with us;
● Fulfill your requests for our Services or otherwise complete a transaction that you initiate;
● Send you information about our Services and other topics that are likely to be of interest to you, including newsletters, updates, or other communications, including promotional emails;
● Improve our artificial intelligence and machine learning;
● Deliver confirmations, account information, notifications, and similar operational communications;
● Improve your user experience and the quality of our products and Services;
● Comply with legal and/or regulatory requirements;
● Aggregate and deidentify information;
● Serve advertisements;  
● Analyze how visitors use the Services and various Services features, including to count and recognize visitors to the Services;
● Create new products and Services; and
● Manage our business.

SEQL may link information gathered through the Services with information that we collect in other contexts.  But in that event, we will handle the combined information in a manner consistent with this Policy.

With Whom and Why We Share Your Information

We share your information with other parties for a variety of purposes, as described below.

Third-party service providers.  SEQL uses other third-party service providers that perform services on our behalf, including web-hosting companies, mailing vendors, and analytics providers.  These service providers may collect and/or use your information, including information that identifies you personally, to assist us in achieving the purposes discussed above.

We may share your information with other third parties when necessary to fulfill your requests for services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.  Examples of third-party sharing necessary for our business purposes includes health care providers, therapists, financial planners, and charity- or research-based grant organizations.

Analytics.  We partner with certain third parties to obtain the automatically collected information discussed above and to engage in analysis, auditing, research, and reporting.  These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device.  

Interest-based advertising.  The Services also enable third-party tracking mechanisms to collect information about you and your computing devices for use in online interest-based advertising. For example, third parties may use the fact that you visited our Site to target online ads to you.  In addition, our third-party advertising networks might use information about your use of our Services to help target advertisements based on your online activity in general.  For information about interest-based advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website or the Digital Advertising Alliance website.

The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer or other device, you may set your browser to block cookies.  Additionally, you may remove yourself from the targeted advertising of companies within the Network Advertising Initiative by opting out here, or of companies participating in the Digital Advertising Alliance by opting out here.  Although our Site currently does not respond to “do not track” browser headers, you can limit tracking through these third-party programs and by taking the other steps discussed above.

You may also opt-out of interest-based by adjusting the advertising preferences on your mobile device (for example, in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking, and in Android, visit Settings > Google > Ads > Opt out of interest-based ads).  Additionally, you mayopt out for companies that participate in the Digital Advertising Alliance’s AppChoices tool by downloading it here and following the instructions in the app.

Legal purposes.  We also may use or share your information with third parties when we believe, in our sole discretion, that doing so is necessary:

• To comply with applicable law or a court order, subpoena, or other legal process;
• To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
• To establish, protect, or exercise our legal rights or defend against legal claims; or  
• To facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.  

Your Choices

If you want to learn more about the personal information that SEQL has about you, or you would like to update, change, or delete that information, please contact us by email at[email protected].

You may opt out of receiving marketing emails from us by following the instructions in those emails or by emailing us at [email protected].

If you are a resident of the EU, UK, California, or another jurisdiction with an applicable privacy law, you may have certain rights available to you. These rights may include:

• The right to be informed about our data collection practices;
• The right to access and rectify your data;
• The right to erase or delete your data;
• The right to data portability;
• The right to restrict and object to the processing of your data (including for direct marketing purposes);
• The right to opt out of the sale of your information;
• The right to opt-out of marketing emails and text messages;
• The right to limit our use of any automated decision-making processes;
• The right to lodge a complaint to your local data protection authority; and
• The right to withdraw consent (to the extent applicable).

To exercise any of the rights listed above, please contact us via email at [email protected]. We will respond to your request as soon as reasonably possible.

External Links

The Services may contain links to third-party websites. If you use these links, you will leave the Services. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites, their content, or their privacy policy. Thus, we do not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites listed on our website, you do so at your own risk.

Data Security

We employ physical, technical, and administrative procedures to safeguard the personal information we collect online. However, no website or app is 100% secure, and we cannot ensure or warrant the security of any information you transmit to the Services or to us, and you transmit such information at your own risk.

Data Retention

We retain personal information about you necessary to fulfill the purpose for which that information was collected or as required or permitted by law. We do not retain personal information longer than is necessary for us to achieve the purposes for which we collected it.  When we destroy your personal information, we do so in a way that prevents that information from being restored or reconstructed.

International Transfers

The information that we collect through or in connection with the Services is transferred to and processed in the United States for the purposes described above. SEQL also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Services or by providing any personal or other information to us, you expressly consent to such transfer and processing.

Children

Content on this Services is directed at individuals over the age of 18 and is not directed at children under the age of 13. We do not knowingly collect personally identifiable information from children under the age of 13.

Changes to this Policy

SEQL may make changes to the Services in the future and as a consequence will need to revise this Policy to reflect those changes. SEQL will post all such changes on the Site, so you should review this page periodically. If we make a material change to the Policy, you will be provided with appropriate notice.

How to Contact Us

Should you have any questions or concerns about this Policy, you can contact us at[email protected].