Introduction

This Privacy Policy (“Policy”) explains how your information is collected, used and disclosed by Cherub Availability Services, LLC. and its subsidiaries (“Cherub” or “We” or “Us”), and applies to information we collect when you use or access our online website at www.CherubAvailabilityServices.com (the “Website”) or when you otherwise interact with us. We respect the privacy rights of our Website visitors and recognize the importance of protecting your information. If you or your organization subscribe to Cherub products or services (collectively, the “Products”) pursuant to a subscription agreement Cherub or another agreement with a Cherub-authorized partner, the terms of that subscription agreement (or other data processing agreement) may contain different or additional privacy-related terms.

Cherub has self-certified to and complies with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data transferred from the European Union and Switzerland, respectively, to the United States. Accordingly, any references to “Policy” includes Cherub’s GDPR and Privacy Shield Policy. If you are located in the European Union, you have additional rights under the GDPR as set forth in our GDPR and Privacy Shield Policy.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Website. By accessing or using the Website or otherwise providing your information to Cherub, you agree to this Policy.

Changes to This Policy

We may change this Policy from time to time. The date this Policy was last revised is indicated at the top of this Policy. If there are material changes to this Policy, we will notify you by email and/or by posting a notice on the Website prior to the changes becoming effective. Your use of the Website or the Products after the posting of such changes constitutes your consent to such changes. We encourage you to review our Policy whenever you use or access the Website to stay informed about our information privacy practices and the ways you can help protect your privacy.

Information We Collect About You and How We Collect It

Information You Provide to Us

Visitors to the Website may provide their personal information to us by completing web forms, by email, and by other methods. Contact information such as name, address, email address and/or phone number is typically provided when using these methods. This information is used to provide information regarding the Products that are requested by the visitor to the Website (e.g., to respond to your questions regarding the Products or to send you a newsletter or white paper about the Products). By voluntarily providing us with this information, you represent that you are the owner of such personal information or are otherwise authorized to provide it to us.

Visitors to the Website may sign up to receive various information or services from us, including but not limited to the following:

• free trials or evaluations of the Products
• white papers
• demonstrations of the Products
• webinars regarding the Products

We may also collect any personal information you provide when you:

• use interactive features of the Website
• join and participate in Cherub community, trust, and/or help forums
• request customer support

We ask for and collect personal information such as your name, address, phone number and email address when you register for or attend a sponsored event or other events in which Cherub participates.

We also enable visitors to the Website to contact us by email with questions, comments or requests. The information collected from these email communications is used to reply to such questions, comments or requests.

Information We Collect Through Automatic Data Collection Technologies

We use cookies and various traffic tracking technologies to monitor use of the Website. A cookie is a small piece of data (text file) that a website, when visited by a user, asks your browser to store on your device in order to remember information about you, such as your language preference or login information.

On the Website, we may use cookies to analyze our site traffic patterns, but except as described below under “Agents and Service Providers,” we link cookies only to IP addresses and not to any other personally identifiable information about visitors to the Website. For example, we currently use third party services such as Google Analytics to analyze traffic to the Website. These third party services use cookies to track non-personally identifiable information, link cookies only to IP addresses, and aggregate data about traffic to the Website.

Most web browsers automatically accept cookies. Please consult your web browser’s manual or online help tool if you want information on restricting or disabling the web browser’s handling of cookies. If you disable cookies, you can still view the Website, but some features may not be available (such as offers regarding the Products).

Web beacons, tags and scripts may be used on the Website or in email or other electronic communications we send to you. These technologies assist us in delivering cookies, counting visits to the Website, understanding usage and marketing campaign effectiveness, and determining whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our third party service providers on an individual and aggregated basis.

We may use Local Storage Objects (“LSOs”) such as HTML5 to store content information and preferences. Various browsers may offer their own management tools for removing HTML5 LSOs. Third parties with which we partner to provide certain features on the Website or to display advertising based upon your web browsing activity use LSOs such as HTML5 and Flash to collect and store information.

As is true with most websites and services delivered over the Internet, we gather certain information and store it in log files when you interact with the Website or use the Products. This information includes IP addresses as well as browser type, internet service provider, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, identification numbers associated with your devices, your mobile carrier, and system configuration information. Occasionally, we connect personal information to information gathered in our log files as necessary to improve the Website and the Products. In such a case, we would treat the combined information in accordance with this Policy.

For more information on how we use cookies and other similar technologies, please refer to our Cookies Policy.

How We Use Your Information

We generally use information collected on the Website for the following purposes:

• to provide, operate, maintain, improve, and promote the Products;
• to enable you to access and use the Products;
• to process and complete transactions, and send you related information, including purchase confirmations and invoices;
• to send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages;
• to send promotional communications, such as providing you with information about the Products, features, surveys, newsletters, offers, promotions, contests, and events; and provide other news or information about us and our partners;
• to monitor and analyze trends, usage, and activities in connection with the Website and services and for marketing or advertising purposes;
• to investigate and prevent fraudulent transactions, unauthorized access to our the Products, and other illegal activities;
• to personalize the Website and the Products, including by providing features or advertisements that match your interests and preferences; and/or
• for other purposes for which we obtain your consent.

From time to time, we may post testimonials on the Website that may contain personal information. We will obtain your consent to post your name along with your testimonial. If you wish to update or delete your testimonial, you can contact us at privacy@cherubas.com.

Agents, Service Providers, and Authorized Partners

We may also provide your personal information to certain authorized resellers of the Products and other authorized technology partners to communicate information to you about the Products. In addition, we may provide your personal information to such authorized technology partners as part of events that we jointly host with such partners.

International Transfer of Information Collected

We may store personal information about Website visitors and subscribers in the European Economic Area (the “EEA”), the United States and in other countries and territories. To facilitate our global operations, we may transfer and access such personal information from around the world, including from other countries in which Cherub has operations.

If you are visiting the Website from the EEA or other regions with laws governing personal data collection and use, please note that you are agreeing to the transfer of your personal information to the United States and other jurisdictions in which we operate. By providing your personal information, you consent to any transfer and processing in accordance with this Policy.

Disclosure to Third Parties

In the course of our normal business activities, we do not share personally identifiable information about visitors to the Website with any independent third parties.

In particular, we do not sell, rent or loan personally identifiable information to independent third parties.

Nevertheless, we may have to disclose information to third parties when required by law or under the good-faith belief that such disclosure is necessary in order to:

• conform to applicable law;
• comply with a subpoena, court order, or legal process served on us;
• establish or exercise our legal rights or defend against legal claims; or
• protect the property, interests, or personal safety of our agents, employees, customers or the public

Under such circumstances, we may be prohibited by law, court order or other legal process from providing notice of the disclosure, and we reserve the right to not provide such notice in our sole discretion.

We may disclose your personal information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Cherub’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by Cherub about our users is among the assets transferred. In such a case, we will provide notice before your personal information is transferred to a third party and becomes subject to a different privacy policy.

We also may share your information, including personal information, with any affiliate of Cherub for purposes of providing the Products to you.

Choices about How We Use and Disclose Your Personal Information

You may access the personal information we maintain about you that is collected from the Website, correct inaccuracies in such personal information, and have such personal information deleted. You may also object to our processing of your personal information collected from the Website. Please note that you may not be able to benefit from all features of the Website if you request the deletion of your personal information or object to or withdraw your consent to such processing. If you would like to verify the personal information we have received from you or make corrections to it, you may contact us directly at privacy@Cherubas.com. Requests to access, change, or remove your personal information will be addressed within thirty (30) days.

You may opt-out of receiving marketing communications from us by contacting us at privacy@cherubas.com or following the unsubscribe instructions included in our marketing communications.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at privacy@cherubas.com.

Data Security

Cherub has implemented reasonable and appropriate physical, administrative and technical safeguards designed to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction. For example, we encrypt certain sensitive personal information when we transmit such information over the Internet. We also limit access to personal data and confidential information on our systems to only those employees with a specific need to access this information. If you have any questions about the security of your personal information, you can contact us at privacy@cherubas.com.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Links to Other Websites

The Website may contain links to other websites. We are not responsible for the privacy practices of any websites other than our own. This Policy applies only to information collected by us on the Website and not to any third party websites. We encourage you to review the privacy statements of any such websites to understand their information practices.

Children’s Privacy

Our Website and the Products are not intended for children under 13 years of age. No one under age 13 may provide any information to or on our Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact our Data Protection Officer at privacy@cherubas.com.

Contact Us

If you have questions or concerns regarding this Policy, please feel free to contact us by email at privacy@cherubas.com or write to us at:

Cherub Availability Services, LLC.
Attn: Data Protection Officer
333 Colony Blvd., #152
The Villages, FL 32162, USA