Welcome to CreamSoda!
1. Information we collect
- Device, Usage Information, and Transactional Data. We collect information about how you use our Services and the computers or other devices, such as mobile phones or tablets, you use to access our Services. Some examples include:
- IP address;
- Profile pictures;
- Phone numbers;
- Unique device identifiers and device attributes, like operating system and browser type;
- Usage data, such as: web log data, referring and exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used our Services, the frequency of your use of our Services, error logs, and other similar information.
2. Our Use of Your personal data and Other Information
Inka Inc. and its Related Companies may use this information to communicate with you regarding the Services or to tell you about services we believe will be of interest to you. If we do so, any marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications.
3. Our Disclosure of Your Personal Data and Other Information
Inka Inc. is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your personal data with certain third parties without further notice to you, as set forth below:
- Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal data may be part of the transferred assets.
- Service Providers and Related Third Parties: Inka Inc., like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments.
- Legal Requirements: Inka Inc. may disclose your personal data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Inka Inc., (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
4. Your Choices
You may request that we delete your account, and any information associated with your account, but please note that we may be required (by law or otherwise) to retain certain information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete your information, it will be deleted from the active database but may remain in our archives.
5. Links to Other Websites
6. Integrating Third Party Services within the Services
One of the special features of the Service is that it allows you to enable various online third party services, such as social media and networking services, (“Third Party Services”) to be directly integrated into your CreamSoda experience. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your log-in information to these service providers for this purpose. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Inka Inc. shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.
Inka Inc. takes reasonable steps to protect the personal data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.
8. Other Terms and Conditions.
10. Access to Information
To keep your personal data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct personal data in our possession that you have previously submitted via the Services. You may also have the right to access and review information associated with your account, or to request further details regarding how long we use or store your personal data.
Inka Inc. shall, upon the receipt of a written request from individuals, inform them of the existence, use, and disclosure of any personal information about them, and they shall be given access to such information except as may be limited by law. Inka Inc. shall amend personal information as deemed appropriate to ensure continued accuracy.
Requests for disclosure must be made in writing, by email, or letter. We respond to all requests within 30 days.
It is important to verify that the individual requesting information is in fact the person in question. For this reason, we demand that all inquiries be in writing and that our responses, also in writing are sent to the address we have on file. Any alternative handling will require mandatory validation of the requestor’s identity and address information.
Inka Inc. will assist any individual who needs help in preparing the request.
Any responses shall be provided in an understandable manner with adequate explanation of abbreviations or codes. Upon request, Inka Inc. will provide access to personal information in an alternative format for individuals with sensory disabilities, if conversion to an alternate format is reasonable and necessary.
11. Users' Consent
By using our Services, you:
We keep your personal information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws. Where there are technical limitations that prevent deletion or anonymization, we safeguard personal data and limit active use of it.
By signing-up on the Platform you automatically provide your consent for gaining distribution of information or advertisements from the Company or/and its partners.
You may withdraw your consent for us to collect, use or disclose your personal data by giving us a written notice via email at any time with effect for the future. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. We will not, without your express consent, supply your personal data to any third party for the purpose of their or any other third party’s direct marketing.
12. Minors and Children’s Privacy
Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 18, and we do not knowingly collect Personal Data from children under the age of 18 without obtaining parental consent. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Data has been collected on the Service from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an Account on the Service, then you may alert us at firstname.lastname@example.org and request that we delete that child’s Personal Data from our systems.
13. Data Security
We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymize Personal Data.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us immediately.
If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
14. Data Retention
We only retain the Personal Data collected from a User for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:
- The contents of closed accounts are deleted within 3 months of the date of closure;
- Backups are kept for 3 months;
- Billing information is retained for a period of 6 years.
- Information on legal transactions between Client and Inka Inc. is retained for a period of 6 years.
Additionally, please note that we cannot control the actions of other users with whom you may choose to share your information. Furthermore, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
15. Data Transfer
We may transfer, process and store any information that identifies or may identify user as a natural person (the “Personal Data”). The Service is hosted in Canada, which, according to the Adequacy Decision of the European Commission, ensures adequate level of Personal Data protection. Data stored in Canada is subject to Canadian jurisdiction and Canadian laws (in particular, the Personal Information Protection and Electronic Documents Act (PIPEDA), and, if it relates to a European data subject, to the GDPR. If a data center in Canada loses control and the data is backed up to a different country, the data becomes subject to the jurisdiction of that country. We will comply with GDPR requirements providing adequate protection for the transfer of personal information from Europe to Canada. Also, we may transfer your data to the EEA, or other countries or regions deemed by the European Commission to provide adequate protection of personal data in connection with storage and processing of data, fulfilling your requests, and operating the Service.
16. Data Controller and Data Processor
Inka Inc. does not own, control or direct the use of any of the Personal Data, reports, addresses, and other files, folders or documents in electronic form that a User stores within the Platform (the “Client Data”). Only Users and Inka Inc. customers (the “Clients”) are entitled to access, retrieve and direct the use of such Client Data. Inka Inc. is largely unaware of what Client Data is actually being stored or made available by a Client or User to the Service and does not directly access such Client Data except as authorized by the Client, or as necessary to provide Services to the Client and its Users.
The Client or the User is the data controller under GDPR for any Client Data containing Personal Data, meaning that such party controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data.
Inka Inc. is not responsible for the content of the Personal Data contained in the Client Data or other information stored on its servers (or its subcontractors’ servers) at the discretion of the Client or User nor is Inka Inc. responsible for the manner in which the Client or User collects, handles disclosure, distributes or otherwise processes such information.
Inka Inc. maintains procedures for addressing and responding to all inquiries or complaints from its customers about Inka Inc. handling of personal information. We will inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures. If a complaint is found to be justified, we will take appropriate measures, including, if necessary, amending policies and procedures.
17. Changes and Updates to this Policy and its language
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.