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PRIVACY POLICY

Last updated: July 17, 2024

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy.

 

Interpretation and Definitions

 

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Business, for the purpose of CCPA/CPRA, refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
  • CCPA and/or CPRA refers to the California Consumer Privacy Act (the “CCPA”) as amended by the California Privacy Rights Act of 2020 (the “CPRA”).
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Frasco, Inc., 215 W Alameda Ave, CA 91502.
  • Consumer, for the purpose of the CCPA/CPRA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Country refers to: California, United States
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
  • Personal Data is any information that relates to an identified or identifiable individual.For the purposes of the CCPA/CPRA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
  • Service refers to the Website.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Website refers to Frasco, Inc., accessible from https://www.frasco.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

 

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed website article.

We use both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies Type: Session CookiesAdministered by: UsPurpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
  • Cookies Policy / Notice Acceptance Cookies Type: Persistent CookiesAdministered by: UsPurpose: These Cookies identify if users have accepted the use of cookies on the Website.
  • Functionality Cookies: Type: Persistent Cookies Administered by: UsPurpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
  • Tracking and Performance Cookies Type: Persistent Cookies Administered by: Third-Parties Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication.
  • To provide Clients: with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • To deliver targeted advertising to You: We may use Your information to develop and display content and advertising (and work with third-party vendors who do so) tailored to Your interests and/or location and to measure its effectiveness unless You have opted not to receive such information.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

 

We do not share or sell consumer personal information: No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties

We share Your personal information in the following situations:

  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

 

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

We keep your information as long as we need it for business, tax, or legal purposes. We set our retention periods based on things like what type of personal information it is, how long it’s needed to operate the business or provide our products and services, and whether it’s subject to contractual or legal obligations. After that, we destroy it by making it unreadable or indecipherable. We work very hard to safeguard your information using technology controls and organizational controls. We protect our computer storage and network equipment. We require employees to authenticate themselves to access sensitive data. We limit access to personal information to the people who need access for their jobs. And we require users to authenticate themselves. No security method is perfect. If a breach occurs, we’ll notify you as required by law.

 

Sensitive Personal Information

 As defined under California law, the Sensitive Personal Informal we may have collected over the past year include, without limit, the following:

  • Gov’t IDs: Social Security, driver’s license, state Identification card, or passport number
  • Financial accounts & credentials: account log-In, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account
  • Precise geolocation
  • Demographic, religious, or occupational information: racial or ethnic origin, religious or philosophical beliefs, or union membership
  • Contents of your communications with us.

We do not sell any Sensitive Personal Information. Collection of the above categories is for the purpose of offering or providing our products and services for legitimate business purposes, including conducting research.  This information may be shared with our cloud storage vendors, fraud prevention and authentication/identity verification entities, and research entities (Provided in aggregate).

 

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

 

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

 

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

 

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

 

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

 

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

  • Google Analytics: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

 

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

 

Behavioral Remarketing

The Company uses remarketing services to advertise to You after You accessed or visited our Service. We and Our third-party vendors use cookies and non-cookie technologies to help Us recognize Your Device and understand how You use our Service so that We can improve our Service to reflect Your interests and serve You advertisements that are likely to be of more interest to You.

These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies and to enable Us to:

  • Measure and analyze traffic and browsing activity on Our Service
  • Show advertisements for our products and/or services to You on third-party websites or apps
  • Measure and analyze the performance of Our advertising campaigns

Some of these third-party vendors may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit You to block such technologies. You can use the following third-party tools to decline the collection and use of information for the purpose of serving You interest-based advertising:

You may opt-out of all personalized advertising by enabling privacy features on Your mobile device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See Your mobile device Help system for more information.

We may share information, such as hashed email addresses (if available) or other online identifiers collected on Our Service with these third-party vendors. This allows Our third-party vendors to recognize and deliver You ads across devices and browsers. To read more about the technologies used by these third-party vendors and their cross-device capabilities please refer to the Privacy Policy of each vendor listed below.

The third-party vendors We use are:

 

Usage, Performance and Miscellaneous

We may use third-party Service Providers to maintain and improve our Service.

  • Invisible reCAPTCHAWe use an invisible captcha service named reCAPTCHA. reCAPTCHA is operated by Google.The reCAPTCHA service may collect information from You and from Your Device for security purposes.The information gathered by reCAPTCHA is held in accordance with the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/

 

     

    Link to: CCPA/CPRA Privacy Notice (California Privacy Rights)

    Consumer Privacy Opt-Out

    Consumer Privacy Opt-Out

    Please complete the form below if you would like to opt-out of your personal information being used by Frasco, Inc., or to request disclosure of the types of personal information Frasco, Inc. collects or processes about you in our data products. More information about consumer privacy, the categories of information we collect, how it is collected, and who it is shared with can be found in our Privacy Policy.

    Name
    Name
    First
    Last
    Privacy Request: You may select one or both.

    Dispute Resolution Procedure

    If you’re not satisfied with our resolution of any dispute, including privacy and personal information concerns, please follow our following dispute resolution procedure.

     

    Reach Out to Us First

    Gather all the important details of your dispute, then contact us through one of the below methods:

    • Phone: (877) 372-7261 (request to speak to IT department about privacy and personal information concerns)
    • Email: contact@frasco.com
    • Mailing Address: 215 W Alameda Avenue, Burbank, CA 91502.  Attn: Frasco, Inc.
    • Submit a Notice of Dispute:
    Consumer Notice of Dispute
    Name
    Name

    File an Individual Legal Claim

    If we’re unable to settle the Notice of Dispute in 60 days, you have the option of filing a small claims lawsuit or an arbitration demand with American Arbitration Association (AAA).

     

    Governing Law

    By using the Service, You agree to submit to the personal jurisdiction of the courts located within Ventura County, California for the purpose of litigating any claim or dispute, including without limitation claims made in small claims court. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.

     

    Agreement to Arbitrate

    By using the Service, You and us agree that any claim or dispute at law or equity that has arisen or may arise between you and us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below.

    Please read this information carefully. Among other things it:

    • Mandates the submission of a Notice of Dispute and participating in informal dispute resolution between us;
    • Affects your and our rights and will impact how claims between you and us are resolved, including your and our agreement to waive the right to trial by jury;
    • Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us;
    • Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice that must be postmarked no later than 30 days after the earliest date you accessed and accepted this user agreement for the first time;
    • Mandates that any and all disputes or claims that have arisen or may arise between you and us, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, that arises from or relates to your use of the Service, shall be resolved exclusively through final and binding arbitration or in small claims court.

     

    Notices of Disputes

    Before bringing any dispute or claim, the claimant must first send the other party, by certified mail, a completed Notice of Dispute. Any Notice of Dispute to us should be mailed to: Frasco, Inc at 215 W Alameda Ave, Burbank, CA 91502. To be valid, the Notice of Dispute must contain all of the following information: (1) the original signature of the person making the claim (electronic or digital signatures are not acceptable), (2) the complete and accurate name, mailing address, email address, and phone number of the person making the claim, (3) a detailed description of the nature and basis of the claim(s) that are being asserted, including a detailed statement of the specific relief sought by the person making the claim(s), and (4) all documents and information available to and in the possession of the person making the claim(s) that supports the basis of the claim(s) and the relief sought. The Notice of Dispute requirements are essential in order to give the parties a meaningful chance to resolve disputes informally.

    After a valid Notice of Dispute is received, we agree to make a good-faith effort to negotiate the resolution of the claim(s) identified in the Notice of Dispute for at least 60 days or for a longer period as mutually agreed to in writing (the “Informal Resolution Period”). If we are unable to resolve the claims described in the Notice of Dispute within the Informal Resolution Period, then either of us may commence an arbitration proceeding or suit in small claims court. Neither of us can file any claim in arbitration before the end of the Informal Resolution Period.

     

    Prohibition of Class and Representative Actions and Non-Individualized Relief

    We agree that each of us 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. Also, the arbitrator(s) 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). Any relief awarded cannot affect other of our customers.

     

    Arbitration Procedures

    Any arbitration will be administered by the American Arbitration Association (referred to as the “AAA”). For all claims in which the value of the relief sought is $10,000 U.S. dollars or less, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Agreement to Arbitrate, shall apply. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another arbitration administrator will be selected by the parties or by the court.

     

    Severability

    With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) may be severed from arbitration and the other parts of this Agreement to Arbitrate shall still apply. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms.

     

    Opt-Out Procedure

    You can choose to opt out of the Agreement to Arbitrate by sending us by certified mail a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time.  For the sake of clarity, the date you accept this user agreement is the earliest date you visited, accessed, viewed, or used our Site. You must mail the opt-out notice to: Frasco, Inc at 215 W Alameda Avenue, Burbank, CA 91502. For any opt-out request to be valid, it must include your name, address, phone number, the email address(es) used by you to interact with us or our Services in any way, and you must sign the opt-out notice for it to be effective (electronic or digital signatures are not acceptable). This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of the user agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.