Last Updated Date: April 2024
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Formilytics, LLC, D.B.A. BDOW! (formerly Sumo) (referred to herein as the “Company,” “us.” “we,” or “our” as the context may require). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://sumome.com/ and https://bdow.com (collectively the “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all
information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
3. Privacy of Children
We understand that young people need special safeguards and privacy protection. We realize that they may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We strongly urge all parents to participate in their children’s exploration of the Internet and any online services, and to teach their children about protecting their personal information while online. We prohibit registration by children under the age of 16 for the Site and no one under 16 may provide any personally identifiable information to Formilytics or on the Site. We do not knowingly collect, solicit, share or sell personally identifiable information from children under 16. If you are under 16, please do not attempt to register on the Website or send any information about yourself to Formilytics. You agree to abide by these restrictions, and not to help anyone avoid these restrictions. If Formilytics learns that we have collected personally identifiable information from a child under the age of 16 without parental consent verification, we will delete the information as soon as possible. If you believe that we have any personally identifiable
information from or about a child under the age of 16, please contact us at [email protected]. If you are a teacher or other adult who is looking to make use of the Site in connection with an event for a school event or community group that includes children under 16, please contact us at [email protected] so that we can discuss available options with you.
4. With whom do we share the information we collect? We may share Collected Information with certain of our Contractors (e.g., our web hosting provider) in order to provide the Site to you. We may also share Collected Information with some of our third-party service provider organization partners in furthering our mission as an organization or delivering the content, materials, and services available on or through the Site to you and any complimentary services to the services provided on or through the Site. We and our Contractors may also produce reports on Site traffic, usage patterns, and similar data generated from Collected Information, and we may share these reports with our third-party service provider organization partners and others. We may disclose Collected Information to the proper authorities if we become subject to a subpoena or court order or if we believe that we are otherwise legally required to disclose such information. We may also use and disclose information about you to establish or exercise our legal rights, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person. If all or part of Formilytics is sold, merged, or otherwise transferred to another entity, we may transfer Collected Information to such entity as part of that transaction.
5. Access to Your Information and Choices If you have questions about personal information we have about you or need to update your information, you can Contact Us. If you would like to request to review, correct, restrict or delete personal information that you have previously provided to us, object to the processing of personal information, or if you would like to request to receive an electronic copy of your personal information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you can Contact Us. We will respond to your request in accordance with the applicable law that governs the collection, use and deletion of your data and information. The requested deletion will be as comprehensive as possible but is always subject to issues outside of our control, including applicable regulations and laws, your actions and the actions of third parties. You can opt-out of receiving marketing and promotional e-mails from Company by using the opt-out or unsubscribe feature contained in the e-mails. You can opt-out of receiving Company newsletters by using the opt-out or unsubscribe feature contained in the e-mails. It is important to note that we may retain a copy of the information for archival purposes and to avoid identity theft or fraud. You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law.
6. How Do We Protect Information Collected About You? We have put in place certain security measures to safeguard Collected Information, but the storage and communication of Collected Information can never be completely secure. Hence, we do not guarantee that information that you transmit or otherwise supply to us, or any communications conducted on or through the Site, is or will be totally secure. If you become aware of any breach of Site security or this Privacy Policy, please notify us immediately.
7. Interactive Areas We may provide areas within the Site that allow users to post commentary and other materials. If we do, these interactive areas, such as discussion forums, are intended to enhance the user experience and build a healthy community around the products and services available through the Site. Formilytics is not liable for information posted in interactive areas of the Site. You acknowledge that, should you participate in such interactive areas, the information you voluntarily post about yourself and third parties in such areas might be accessed, collected and used by third parties other than Formilytics or our Contractors.
8. Access To and Correction of Information Most of the Collected Information about you on the Site is directly accessible by you through the Site’s features and you may modify or edit such information at any time by logging into your account and using the Site’s account editing functions. Please note that information you remove through such means may still remain in backup copies for a reasonable period of time. You acknowledge and are aware that personally identifiable information that you have shared with other users of the Site through one of the communication channels on the Site generally cannot be removed by you. If you would like to review any of the other personally identifiable information we have retained about you in our database, please send us an e-mail request for this information at [email protected] . To help us address your request, please specify which information you wish to review. Once you have reviewed this information, at your request we will correct personally identifiable information about you that you state is erroneous. To request such a correction, please send an e-mail to [email protected] . You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers although we will always make reasonable efforts to do so upon your request.
9. Choice/Opt-Out If at any time you would like to stop receiving notifications or opt-out of a feature, you may choose to opt-out by unsubscribing from notifications and messages within your user profile. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers although we will always make reasonable efforts to do so upon your request.
10. We may change this Notice From time to time, we may change our privacy practices, and this Privacy Policy, because of changes in relevant and applicable legal or regulatory requirements, our business practices, or in our attempts to better serve your needs and those of our other customers. We will try to notify you of any such changes, and a revised policy will be posted on this Site. We encourage you to regularly review the current version of this Privacy Policy on the Site.
11. Location of this Site This Site is hosted and operated in the United States. However, we and our Contractors may, in our effort to provide the Site, store Collected Information in the United States, or we may transfer it to, and store it within, other countries. Those who access or use the Site from jurisdictions outside the United States do so at their own choice and risk and are solely responsible for compliance with local law. If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States or elsewhere. Please note that the level of legal protection provided in the United States or other non-European countries from which you may access our Site may not be as stringent as that under European Union privacy standards or the privacy laws of some other countries, possibly including your home jurisdiction.
12. Third Party Service Providers Service opportunities appearing on the Site may be delivered to users by Formilytics or one of our third-party service provider organization partners. Our partners may set cookies or web beacons or use other technologies that allow the partner’s server to recognize your computer each time they send you a service opportunity or update. In this way, third-party servers may compile information about where you, or others who are using your computer, saw their service opportunities and determine which opportunities are clicked on. This information allows a service provider network to deliver targeted opportunities that they believe will be of most interest to you. This Privacy Policy covers the use of cookies and tracking technologies by Formilytics and does not cover the use of cookies or other tracking technologies by any third-party service providers.
13. Supplemental Notice to Data Subjects for Residents of Certain US States (including California)
Residents of certain states (including California) may have certain rights regarding your personal information under state law.
Our websites and applications collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Personal information does not include:
Publicly available information from government records.
Deidentified or aggregated consumer information.
Other information excluded from the scope of state privacy laws.
In particular, our websites and applications have collected the below categories of personal information from consumers within the last twelve (12) months. We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed personal information for a business purpose to the categories of third parties indicated in the chart below. We do not sell your personal information.
We do not use or disclose sensitive personal information.
This section describes privacy rights applicable to residents of certain states and explains how to exercise those rights. These rights apply only where applicable by law.
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity, we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
The specific pieces of personal information we collected about you (also called a data portability request).
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our Contractor(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our Contractors to take similar action.
If you choose to exercise these rights, we ask you to provide sufficient information, including the services you have used in the past, your state and country of residence, and contact information, in order for us to verify your identity and process your request. Depending on the types of requests, additional information may be requested. We will only use personal information provided in this retest to verify the requestor’s identity or authority to make it.
You may use an authorized agent to submit a request on your behalf related to your personal information. If you choose to use an authorized agent, you should supply your agent with written permission to act on your behalf in relation to your request, and your agent must provide us with proof of such authorization before we process your request.
To exercise a right related to your personal information, please contact us by email to [email protected].
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact: [email protected]. We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your state-specific privacy rights. Unless permitted by law, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by applicable law that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
14. Browser Do Not Track Signals
At this point, our website does not respond to browser “do not track” or similar signals.
16. Additional California Privacy Rights Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2023 will receive information regarding 2022 sharing activities). To obtain this information, please send an email message to [email protected] with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response. CCPA includes the following rights:
The right to know what personal information the business has collected about the consumer, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of personal information the business has collected about the consumer.
The right to delete personal information that the business has collected from the consumer, subject to certain exceptions.
The right to correct inaccurate personal information that a business maintains about a consumer.
If the business sells or shares personal information, the right to opt-out of the sale or sharing of their personal information by the business.
If the business uses or discloses sensitive personal information for reasons other than those set forth in the CCPA, the right to limit the use or disclosure of sensitive personal information by the business.
The right not to receive discriminatory treatment by the business for the exercise of privacy rights conferred by the CCPA, including an employee’s, applicant’s, or independent contractor’s right not to be retaliated against for the exercise of their CCPA rights
17. International Privacy Practices Company’s websites, including websites directed to residents in countries and jurisdictions outside of the United States, are operated and managed on servers located and operated within the United States. If you are using our Site out of the United States, your data and information is collected in the country in which you are located and is transferred to the United States or another country where our servers are located.
This Site is hosted and operated in the United States. However, we and our Contractors may, in our effort to provide the Site, store Collected Information in the United States, or we may transfer it to, and store it within, other countries.
18. Changes to Our Privacy Policy Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.
19. Questions and How to Contact Us For any questions, or to request further information regarding this Privacy Policy or our use and disclosure of Collected Information, please contact us at [email protected].