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RECSMARTT USA LLC PRIVACY POLICY

RECSMARTT USA LLC ("RECSMARTT", 'we', 'our', 'us') and its subsidiary companies respect the privacy rights of its online visitors ('you', 'your', 'yours') and recognize the importance of protecting the information collected about them. We provide this statement (the "Privacy Policy") to help you to understand what we may do with any personal information that we obtain from you. This Privacy Policy guides how we collect, store and use the information that you provide us with.By providing your personal information to us, you signify your acceptance of this Privacy Policy and agree that we may collect, use and disclose your personal information as described in this Privacy Policy. This Privacy Policy is incorporated into your use of the website maintained and operated by RECSMARTT (the "Site"). We will use your information only for the purposes set out below.

Although we are committed to maintaining your confidence and trust in all of our activities with you, this Privacy Policy does not govern our collection or use of data about you through channels other than the Site.

Please exit the Site immediately if you do not accept this Privacy Policy or are accessing the Site in a country or other territory where use of the Site is not permitted.

First, we need to define, and it is important for you to understand, the expression: "Personal Data". It generically represents any kind of information about a physical person, whose particularities can lead, directly or indirectly, to its identification. Here you have, by way of example, but not limited to: name and surname, geographical address, any identification number, political orientation, sexual orientation, email address, any location information and any other online identifier such as the device used to access the Internet, IP address, or cookie information.With regards of your agreement on collection and use of personal data, we have taken all the necessary technical measures to provide you with this detailed agreement, so you can have a crisp clear experience, from the first to the last interaction with our website or our services.Visitors and Users agree and accept that the use of our website is not possible without any indication of personal data.DEFINITIONSOur data protection policy should be legible and understandable for the general public, as well as for our Users and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:

• Data Subject or Data Principal - is any identified or identifiable natural person, whose personal data is collected and processed by us.

• Processing - is any operation which is performed on personal data, such as collection, recording, organization, structuring, storage, etc. 

• Restriction of processing - is the marking of stored personal data with the aim of limiting their processing in the future. 

• Profiling - means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person.

• Data Controller or Data Fiduciary - is the natural or legal person, public authority, agency or other body, which determines the purposes and means of the processing of personal data;

• Processor - is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. 

• Recipient - is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed. The processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing. 

• Third-party - is a natural or legal person, public authority, agency or body other than the ones above, who, under the direct authority of the controller or processor, are authorized to process personal data.

• Consent - is any freely given, specific, informed and unambiguous indication of data subject’s acceptance to the processing of their personal data.

COMPLIANCE

The processing of personal data will be in line with these main international legislations:

• General Data Protection Regulation (GDPR), applicable in Europe;

• California Consumer Privacy Act (2018) and Privacy Act U.S.C. 552a (Privacy Act of USA);

• Any other piece of legislation worldwide We are able to provide our services worldwide. For the purpose of avoiding any compliance conflict with any terminology used by any particular legislation, in this document: “Users” are the “data subjects” or the “data principals” and RECSMARTT is the “data controller” or “data fiduciary” Our privacy notice tells you what personal data (PD) and non-personal data (NPD) we may collect from you, how we collect it, how we protect it, how we may share it, how you can access and change it, and how you can limit our sharing of it. Our privacy notice also explains certain legal rights that you have with respect to your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.

USE CASES

Please take a moment to understand which use case(s) set out in this Privacy Policy apply to you:

• Website VisitorYou are a “Website Visitor” by definition when you visit our website www.recsmartt.com and any other eventual subdomains associated with our principal domain. As a website visitor, we use your navigation statistical information for our own purposes, primarily for improving the use of our website and to provide you with more relevant content.

• UserYou become a “User” if you create an account on our website/platform in order to benefit of our services. If you are a User, our primary purpose of using your personal data is for providing the service and the services to you. We retain your personal information for a limited time and for limited purposes, such as to make it easier for you to re-join our service in the future or to wish you offers for services that we think you may be interested in.

LEGAL PURCHASE AGE

If you are under 18, we require that you inform a parent or guardian about RECSMARTT's Privacy Policy as well as requiring their consent to the Privacy Policy before registering with RECSMARTT USA LLC or placing an order with RECSMARTT USA LLC.

TYPES OF INFORMATION COLLECTED

The following information is provided by RECSMARTT to enable our online visitors to be fully informed of our Privacy Policies. The Site collects certain information when you interact with the Site. For example, the Site may collect "Personal Information" which is data that can be used to identify an individual, as defined by applicable law. The Site may also collect data that does not identify you specifically. The following is a list of data that we may collect and process about you:

• Information that you provide by filling out forms on the Site, as the case may be. This includes information you provide when you register to use the Site; subscribe to any services offered on the Site including but not limited to interactive services (such as blogs, chat rooms, message boards, or other user forums); or report a problem with the Site;

• Your correct date of birth, which we may require that you submit accurately to ensure that you do not access the Site if you are not of a legal age to purchase items or services offered for sale on the Site;

• Any information you may provide when you contact us or send us a correspondence;

• Details of any transactions you carry out through the Site including the placement of any orders by you; and

• Details of your visits to the Site including, but not limited to, your computer's IP address, password information, page interaction information, traffic data, location data, weblogs, and other data about the resources that you access.

WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND HOW WE USE IT

RECSMARTT collects personal information in several ways when you place an order or register for a service offered by RECSMARTT USA LLC. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit card billing address(es) so that we can process and fulfill your order. We only save credit card information for those customers that have registered on the Site.Saved card details will never be shared with third parties and will only be used to process your order, using our payment partner's systems. Additionally, we may also obtain information as a result of authentication or identity checks. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.

HOW WE COLLECT YOUR DATA

You directly provide RECSMARTT with most of the data collected. We collect data and process data when you:

• Register online.

• Complete your profile after you have logged in to your account. 

• Use or view our website via your browser’s cookies.

PURPOSE OF COLLECTION

Main purpose

Our commercial purpose, by reference to the subject matter of our business, is provision of intermediary services between the stakeholders in the artistic industry and bookers or potential customers, and the new rules of personal data protection (GDPR, CCPA, PDPB, etc.) are part of this context.Complementary purposes To improve our services.

We always want to offer you the best online experience and for this we can collect and use certain information about your behavior and preferences when using the website and platform, or we can conduct market research directly or through partners.

To improve your marketing activity

We want to keep you informed about the best offers for the services you may be interested in. In this sense, we may send you any type of message (such as: email / SMS / phone / mobile push / web push / etc.) containing general and thematic information about products or services, information on offers or promotions, as well as other commercial communications.

To defend our legitimate interests

There may be situations in which we use or transmit information to protect our rights and our commercial activity. These situations may include:

- measures to protect the website and platform Visitors and Users against cyber-attacks;

- measures to prevent and detect fraud attempts;- transmission of information to the competent public authorities;

- other risk management measures.

We therefore commit ourselves:

- to protect the privacy of your data, which is a top priority for our company’s management;

- to use this data for the sole purpose of providing you with a personalized experience on our website as well as on the online platforms that we promote our products and services (Facebook and Google, etc.).

DATA STORAGE

RECSMARTT securely stores your data at third-party dedicated servers, located in the Trinidad and Tobago.We do not use the information you provide to make any automated decisions that might affect you.

LEGAL BASIS FOR COLLECTING AND PROCESSING PERSONAL DATA

Our legal basis for collecting and processing your personal data when you buy request our services is based on the necessity for the performance of a contract or to take steps to enter into a contract.

WHAT HAPPENS IF YOU DON’T GIVE US YOUR PERSONAL DATA

If you do not provide us with enough PD, we may not be able to provide you with our services. However, you can access and use some parts of our website without giving us your PD.

DATA PROTECTION RIGHTS

RECSMARTT would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to be informed – You have the right to be informed about the personal data we collect from you, and how we process it.

The right to access – You have the right to request RECSMARTT for copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that RECSMARTT correct any information you believe is inaccurate. You also have the right to request RECSMARTT to complete the information you believe is incomplete.

The right to erasure – You have the right to request that RECSMARTT erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that RECSMARTT restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to RECSMARTT’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that RECSMARTT transfer the data that we have collected to another organization, or directly to you, under certain conditions.If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

USE OF COOKIES ON OUR WEBSITE

In common with many websites, we use "cookies" to help us gather and store information about visitors to our Site. A cookie is a small data file that our server sends to your browser when you visit the Site. The use of cookies helps us to assist your use of certain aspects of the Site. You can delete cookies at any time or you can set your browser to reject or disable cookies. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Site.

We may use information from cookies for the following purposes:

• Traffic monitoring, for example, the IP address from which you access the Site, the type of browser and operating system used to access the site, the date and time of your access to the site, the pages you visit, and the Internet address of the website from which you accessed our Site;

• To recognize repeat visitors for statistical/analytical purposes; or

• Anonymous tracking of interaction with online advertising, for example, to monitor the number of times that a banner ad is displayed and the number of times it is clicked.

• We may connect the information that we collect through cookies with other Personal Information that you provide to us. Such purposes are:

• To customize or personalize your experience of the Site; for example, so that we can greet you on the site by name;

• For transactional purposes, such as credit card sales; or

• To monitor your use of the Site in order to make our communications with you as relevant as possible; for example, by sending you email communications relevant to the parts of the Site that you visit most often or by letting you know about features of the Site that you have not accessed previously.

We may compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related site information. If you choose not to receive cookies, you may still use most of the features of our website, including the ability to purchase items.

HOW PERSONAL INFORMATION MAY BE USED, INCLUDING ANYONE IT MIGHT BE SHARED WITH

RECSMARTT USA LLC may use your personal information for the processing of orders, payments and to provide you with a personalized experience. We will also use your details to manage your account. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body.

When you register with RECSMARTT, you will be offered the opportunity to opt out of our email newsletter and other update services. If you choose to opt-out for this service, we will not send you alerts for new features nor enhancements; special offers; upgrade opportunities; contests or events of interest. However, if you choose to receive our emails from time-to-time we will use the information you provide to promote the products and services of our business partners or other companies within the RECSMARTT Group via email or direct mail. We do collate information about site traffic, sales, wish list, and other commercial information which we may pass on to third parties but this information does not include any information which can identify you personally. We strive to limit use of your information to those offers that we think you would appreciate receiving. Finally, we may use your personal information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve our site design to better meet our visitors' needs. If we change our policy on disclosure to others, we will inform you and give you the choice of opting out. In addition to disclosures identified in the purposes above, from time to time we may disclose Personal Information to:

• Our service providers and subcontractors, including our affiliates, retained to perform functions on our behalf or to provide services to us; marketing and advertising; data processing; software development; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers; and further provided such service provider does not collect, use or disclose the personal information for any purpose other than to perform such functions or to provide services to us or as otherwise required by law;

• Unaffiliated service providers with whom RECSMARTT may subcontract, including website hosting companies, fulfillment companies and other third party service providers;

• The prospective seller or buyer of RECSMARTT's business or assets, including where RECSMARTT or substantially all of RECSMARTT's assets is acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;

• If we are under a duty to disclose or share your personal data in order to: comply with any legal or regulatory obligation; respond to inquiries or requests from public authority; permit us to pursue available remedies or limit the damages that we may sustain; or protect the rights, property, safety or security of RECSMARTT USA LLC, our employees, agents, contractors, customers, the visitors of the Site or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

OPT-IN AND OPT-OUT PROVISIONS

When you register, you will be given the option to opt-out of subscribing to our regular update service.

At all times, we will offer you the opportunity to opt-out of any service to which you have subscribed. Any email we send you will contain an easy automated opt-out link so that you can opt-out of that particular email subscription. Simply follow the indications in the email. To opt out of updates, please email us. It is not our current policy to share our customers' personal details with third parties other than as stated herein.Should you choose to have your name and personal data removed from our database altogether, you can do so by sending an email to us.

SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION

We will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy.

Where we have given you (or where you have chosen) a user identification code, password or any other piece of information as a part of a registration scheme or a security procedure to enable you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. In particular, you should not share your password with anyone who is not of legal age to enter into contracts and purchase goods in the country or other territory in which you are located or are accessing the Site or to anyone in a country or other territory where use of the Site is not permitted.We will only collect personally identifiable information to the extent deemed reasonably necessary to serve you in view of our legitimate business purposes as set out above, and we will use our best endeavors to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us to protect it from unauthorized use. In addition, we will take reasonable steps to ensure that third party business partners to whom we transfer any data will provide sufficient protection of that personal information. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit to the Site; any transmission is at your own risk. Once we have received your information, we will use all reasonable efforts to try to prevent unauthorized access.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email.

DATA RETENTION

We only retain the personal information collected from a User for as long as the User’s account is active on our platform, 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.In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the 2-year criteria, after your relationship with us ends.

We may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

CALIFORNIA PRIVACY RIGHTS

In addition to the rights provided for above, if you are a California resident, you have the right to request information from us regarding whether we share certain categories of your personal information with third parties for the third parties' direct marketing purposes. To the extent we share your personal information in this way, you may receive the following information:

(a) the categories of information we disclosed to third parties for the third parties' direct marketing purposes during the preceding calendar year; and

(b) the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.

Effective January 1, 2020, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights in relation to their personal information, subject to limited exceptions. Any terms defined in the CCPA have the same meaning when used in this California Privacy Rights section.

• For personal information collected by us during the preceding 12 months that is not otherwise subject to an exception, California residents have the right to access and delete their personal information. RECSMARTT will not discriminate against those who exercise their rights. Specifically, if you exercise your rights, we will not deny you services, charge you different prices for services or provide you a different level or quality of services.

• To the extent we sell your personal information to third parties, you also have the right to request that we disclose to you: (i) the categories of your personal information that we sold, and (ii) the categories of third parties to whom your personal information was sold. You have the right to direct us not to sell your personal information. RECSMARTT does not sell your personal information in its ordinary course of business and will never sell your personal information to third parties without your explicit consent.

Should RECSMARTT engage in any of the activities listed in this section, your ability to exercise these rights will be made available to you in your account settings. You can exercise your rights by going contacting us via email so that we may consider your request.If you are a California resident, you may designate an authorized agent to make a request to access or a request to delete on your behalf. We will respond to your authorized agent's request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf, or submit evidence you have provided them with power of attorney pursuant to California Probate Code section 4000 to 4465. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf, or are unable to verify their identity.

LINKS

The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send their own cookies to you and may collect data and make use of that data in ways that this Site would not. Please be aware that we have no control over these websites and our Privacy Policy does not apply to these sites. We encourage you to read the Privacy Policies and terms of use linked or referenced in the websites you enter.

As required, this Privacy Policy may be supplemented by additional legal requirements in jurisdictions where we conduct business. Nothing in this Privacy Policy or otherwise will create, or add to, any right or claim (whether legal, equitable or otherwise) that any individual or person may have at law or otherwise against RECSMARTT, the company or any third party or any of their respective directors, officers, employees, agents or representatives; nor will the existence of this Privacy Policy or its application impose or add to any obligations or liability upon RECSMARTT USA LLC that RECSMARTT USA LLC does not already otherwise have under law.

WHERE AND HOW TO ASK QUESTIONS OR FILE COMPLAINTS

If you wish to talk to a RECSMARTT customer care representative please contact us. Calls from outside United States of America will be charged at international rates.

YOUR CONSENT

By visiting www.rescmartt.com, you are accepting and consenting to the practices described in this Privacy Policy.

CHANGES

We may need to update this Privacy Policy from time to time. We recommend that you regularly check this page to ensure that you have read the most recent version.