PRIVACY POLICY

Last Modified: [10/16/2020]

1: Introduction

Welcome to the Designing Your Culture d/b/a Culch (“Culch,” “us,” “we,” “our”) website located at www.culch.co (the “Culch Website”). This Privacy Policy (“Policy”) is designed to help you understand how we collect, use, and disclose information about you through the Culch Website and any communication that links directly to or expressly references this Policy (collectively, the “Services”).

Please read this Policy, the Website Terms and Conditions, and any other policies and notices on the Culch Website carefully. Collectively, these materials contain terms, rules, and other guidelines related to your use of the Services.

By accessing, browsing, linking to, or otherwise using the Culch Website or by using the Services, you are agreeing to be bound under this policy and consent to the collection and use of information as set forth in this policy.

If you do not agree to be bound by this Policy, then you should not use the Services or access the Culch Website.

Culch reserves the right to change, update, add, or remove provisions of this Policy at any time by posting the updated Policy on the Culch Website, along with a notice of the updated Policy. By using the Culch Website after Culch has updated the Policy, you are agreeing to the updated Policy.

2: How to Contact Culch

If you have any questions, comments, concerns, or wish to report a violation concerning this Policy, our Website Terms and Conditions or any other terms, guidelines, or rules, please contact Culch at the following:

  • Mail:
    Designing Your Culture d/b/a Culch
    Attn: Legal (Privacy)
    588 3 Mile Road NW
    Suite 101
    Grand Rapids, MI 49544
  • Email:
    support@culch.co
    Subject: Legal (Privacy Policy)

You may not use the contact information provided for unauthorized purposes, including solicitations and marketing.

3: Information We Collect, Use, and Disclose

3.1 Personal Information

During the course of Culch providing services to its clients, Culch may collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). For the purposes of this Policy, a reference to Culch “collecting” Personal Information includes Culch gathering, obtaining, receiving, or accessing Personal Information.

3.2 Personal Information We May Collect

We may collect the following categories of Personal Information:

  • Identifiers such as name, postal address, telephone number, Internet Protocol address, email address, or other unique personal identifiers;
  • “Personal Information”, such as name, address, telephone number;
  • Commercial information, such as transaction history, purchase history, or financial details;
  • Internet or other electronic network activity information, such as browsing history, search history, and information regarding your interaction with the Culch Website; or
  • Audio, electronic, visual and similar information, such as images and video or call recordings created in connection with our business activities.

3.3 How We May Collect Your Personal Information

We may collect your Personal Information:

(a) Directly from you when you: (i) request information or submit a comment by sending us an e-mail or submitting information through the “Contact Culch” form on the Culch Website; (ii) use the functions and features on the Culch Website; or (iii) report a problem with the Culch Website or the Services to us; or

(b) Indirectly from you when you visit the Culch Website (i.e., using details collected automatically in the course of your interaction with the Culch Website).

3.4 Why We May Collect Your Personal Information

We may collect Personal Information for one or more of the following purposes:

(a) To keep a record of your contact information and correspondence, and use it to respond to your inquiries and fulfill your requests, or to forward your inquiries or requests to our clients, as applicable;

(b) To send administrative information, such as information regarding the Culch Website, the Services, and changes to our terms, conditions, or policies;

(c) To send non-administrative information, such as product and service announcements and marketing information related to our products and services;

(d) For our operational purposes, such as: (i) improving or modifying the Culch Website, our products, or our services; (ii) delivering our products and services to our clients; (iii) identifying usage trends; (iv) running our operations; and (v) expanding our service and business offerings;

(e) For any other purpose disclosed to you at the time we collect your information or pursuant to an authorization; or

(f) As we believe to be necessary or appropriate (i) under applicable law; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities; (iv) to enforce our Website Terms and Conditions or other applicable contracts; (v) to protect our operations against security threats, fraud, malicious activity, and similar issues; (vi) to protect our rights, privacy, safety, or property, or that of you or others using the Culch Website or Services; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.

3.5 Disclosure of Your Personal Information

We may disclose your Personal Information:

(a)  To our subsidiaries and affiliates;

(b) To our third-party service providers that provide services to us such as website hosting, information technology and related infrastructure, customer service, email delivery, analytics, and other similar services;

(c) To a third-party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, including in the event of a bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred;

(d) For any other purpose disclosed to you at the time we collect your information or pursuant to an authorization; or

(e) As we believe to be necessary or appropriate (i) under applicable law; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities; (iv) to enforce our Website Terms and Conditions or other applicable contracts; (v) to protect our operations against security threats, fraud, malicious activity, and similar issues; (vi) to protect our rights, privacy, safety, or property, or that of you or others using the Culch Website or Services; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.

4: How We Protect Your Information

Culch takes reasonable precautions to protect your information. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to or through the Culch Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide. The email functionality on the Culch Website does not provide a completely secure and confidential means of communication. As such, we cannot guarantee the privacy and security of information sent via email or through the use of our contact form. Culch will not be liable for any breach of confidentiality resulting from such use of email or contact form or for any information that is lost or misdirected due to technical errors or failures.

5: Links to And From Other Websites

This Policy applies only to information collected through the Culch Website. The Culch Website may contain links to other websites that are not owned or controlled by Culch. In addition, you may have linked to the Culch Website from another website not owned or controlled by Culch. Please be aware that Culch is not responsible for and cannot control the privacy practices of such other websites. Be careful of disclosing any of your Personal Information when leaving the Culch Website. We encourage you to be mindful of when you leave the Culch Website and to read the privacy statements of each and every website that collects Personal Information.

6: Do Not Track Requests

Your browser or device may include a “Do Not Track” functionality. At this time, the Culch Website recognizes, but does not respond to, “Do Not Track” requests.

COOKIE POLICY:

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymous tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser

END USER LICENSE AGREEMENT & PRIVACY POLICY

Last Modified: [10/15/2020]

Designing Your Culture d/b/a Culch (“Culch” or “We”) respects your privacy and are committed to protecting it. This End User License Agreement and Privacy Policy (the “Agreement”) outlines the conditions for your using Culch products and services; the type of information we may collect from you or that you may provide when you use Culch; how we use that information: and our practices for collecting, using, maintaining, and disclosing various information. 

This Agreement constitutes a license for your use of Culch subject to the Terms of Use entered into by the entity providing your access to Culch. By accessing, viewing, or using Culch, you acknowledge that you have read, understand, and agree with this Agreement. If you disagree with this Agreement and/or do not wish to be bound by this Agreement, do not use Culch.

Intellectual Property Rights

Culch and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Designing Your Culture d/b/a Culch, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You agree that you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit Culch’s content, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your computer to assist Culch’s operation.

You must not:

  • Modify copies of any materials from Culch.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Culch.

  • Reverse engineer, decompile, disassemble, reproduce, or create any derivative works from any portion or subset of Culch or any of its source code, object code, images, or other content. 

 

Violation of the foregoing will result in your license to use Culch being immediately terminated. Culch reserves the right to pursue any or all additional remedies in our sole discretion. 

The “Culch” name and logo, and all related names, logos, product, and service names, designs, and slogans are the intellectual property of Designing Your Culture d/b/a Culch, or its affiliates or licensors. You must not use such marks without the prior written permission of Designing Your Culture d/b/a Culch. All other names, logos, product, and service names, designs and slogans on the Website are the intellectual property of their respective owners.

Prohibited Uses

You may use Culch only for lawful purposes, in accordance with this Agreement, and pursuant to Culch’s Terms of Use. You agree not to use Culch in any way that violates any applicable federal, state, local, or international law or regulation.

Use Culch at Your Own Risk

You agree that your access to and use of Culch and its service is at your own risk. Designing Your Culture d/b/a Culch, will have no responsibility for any harm, including data loss or data corruption, that results from your access to or use of Culch, its content, or its service.

Disclaimer of Warranties

You understand that Designing Your Culture d/b/a Culch, cannot and does not guarantee or warrant that files available for downloading from the internet, including those made available by Designing Your Culture d/b/a Culch, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Culch for any reconstruction of any lost data. Designing Your Culture d/b/a Culch, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF CULCH OR ANY SERVICES OR ITEMS OBTAINED THROUGH CULCH.

YOUR USE OF CULCH, ITS CONTENT, AND ANY SERVICES VIA CULCH IS AT YOUR OWN RISK. CULCH AND ITS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DESIGNING YOUR CULTURE D/B/A CULCH, NOR ANY PERSON ASSOCIATED WITH DESIGNING YOUR CULTURE D/B/A CULCH, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF CULCH. WITHOUT LIMITING THE FOREGOING, NEITHER DESIGNING YOUR CULTURE D/B/A CULCH, NOR ANYONE ASSOCIATED WITH DESIGNING YOUR CULTURE D/B/A CULCH, REPRESENTS OR WARRANTS THAT CULCH WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT CULCH WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

DESIGNING YOUR CULTURE D/B/A CULCH, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL DESIGNING YOUR CULTURE D/B/A CULCH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, CULCH, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE MAXIMUM AMOUNT OF DAMAGES YOU MAY RECOVER SHALL NOT EXCEED THE FEES PAID TO DESIGNING YOUR CULTURE D/B/A CULCH, FOR YOUR ACCESS TO CULCH OVER THE TWELVE MONTHS PRECEDING THE DATE OF YOUR ALLEGED LOSS.

Indemnification

You agree to defend, indemnify, and hold harmless Designing Your Culture d/b/a Culch, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of Culch, including, but not limited to, any use of the Culch’s content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from Culch, or the violation of this Agreement of Service by a third party to whom you granted your access to Culch.

Privacy

Our Privacy Agreement applies to information we collect:

  • Via Culch
  • In electronic communications, such as e-mail and text messages, between you and Culch

Please read this Agreement carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use Culch. By accessing or using Culch, you agree to this Agreement. This Agreement may change from time to time. Your continued use of Culch after we make changes is deemed to be acceptance of those changes, so please check the Agreement from time to time for updates.


Information We Collect
We collect several types of information from and about you for your employer’s use, including information: 

  • By which you may be personally identified, such as name, e-mail address, or telephone number (“Personally Identifiable Information”)

  • That is about you but individually does not identify you



We collect this information:

  • Directly from you when you provide it to us.

  • Automatically as Culch runs in your browser. Information collected automatically may include Personally Identifiable Information, as well as usage details.

  • From third parties, including our business partners and affiliates 



Information You Provide To Us
The information we collect on or through Culch may include:

  • Information that you provide by filling in forms on Culch.

  • Records and copies of your correspondence to us and ours to you.

  • Details of transactions facilitated by Culch.


Use of Your Information
The information we collect helps your employer understand how you demonstrate behaviors consistent with those they have defined. We will not share your Personally Identifiable Information with any third party. We may also use your information to: 

  • Analyze usage patterns

  • Improve the performance of Culch

  • Recognize you when you return to Culch

  • Carry out any obligations and enforce any rights arising from any agreements entered into between you and us.

  • Notify you about any changes to Culch or any products or services we offer through it

  • Take other actions which we may describe when you provide the pertinent information

  • For any other purpose with your consent


Disclosure of Your Information
We may disclose aggregated information about our users and the usage of Culch.

588 3 Mile Rd NE
Suite 101
Grand Rapids, MI 49544

Miscellaneous

No waiver of any breach of any provision of this Agreement will be deemed a waiver of any preceding or succeeding breach or of any other provision of this Agreement. No extension of time for performance of any obligations or acts will be deemed an extension of the time for performance of any other obligations or acts.

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable. 

This Agreement is governed by the laws of the State of Michigan and any disputes arising out of this Agreement shall be litigated in a court of competent jurisdiction sitting in Kent County, Michigan, which shall apply the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rules. 

Culch is controlled by facilities in the United States of America. Designing Your Culture d/b/a Culch, makes no representations that Culch is appropriate or available for use in other locations. If you access Culch from any location outside the United States of America, you do so at your own risk and you are solely responsible for your compliance with all local laws and regulations. 

This Agreement is the entire and exclusive agreement between Designing Your Culture d/b/a Culch, and you regarding Culch, and this Agreement supersedes and replace any prior agreements between Designing Your Culture d/b/a Culch, and you regarding Culch and its service.