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Trainspot, Inc. Privacy Notice

Last Updated: October 23, 2024

Trainspot, Inc. (“Trainspot,” “Company,” “we,” “our,” or “us”) understands that privacy is important to our users. This Privacy Notice describes our practices regarding the collection, use, sharing, and protection of your Personal Information for the website located at trainspot.ai (the “Website”) and any other services or communications that we provide (collectively, the “Services”). This Privacy Notice also tells you about the rights and choices you have with respect to your Personal Information, how you can assert those rights, and how you can contact us to get answers to your questions.

Please note that our privacy practices are subject to the applicable laws of the regions in which we operate. Accordingly, some additional region-specific terms will only apply to individuals in those locations, or as required by applicable laws.

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY NOTICE. IF YOU DO NOT AGREE WITH OUR POLICIES OR PRACTICES, YOU SHOULD NOT USE OR ACCESS THE SERVICES OR PROVIDE US WITH ANY PERSONAL INFORMATION.

The following links will take you directly to the corresponding sections of this Privacy Notice:

What Our Privacy Policy Covers

This Privacy Notice applies to the Personal Information that we obtain in various contexts, including when you:

  • Access or use our Services
  • Communicate with us over email or text message, or otherwise via the Services
  • Engage with us on social media
  • Provide Personal Information as otherwise described in this Privacy Notice

We may provide different or additional privacy notices in connection with certain activities, programs, and offerings. Additionally, we may provide additional “just-in-time” notices or notices at collection that may supplement or clarify our privacy practices or provide you with additional choices regarding your Personal Information.

Personal Information We Collect from You

We use the term “Personal Information” – also called “personal data” or “personally identifiable information” in the laws of some jurisdictions – to refer to information that reasonably identifies, relates to, describes, or can be associated with you. Data that has been deidentified or that otherwise cannot reasonably be related back to a specific person is not considered Personal Information. The precise definition of Personal Information may vary depending on your place of residence.

The following are the categories and types of Personal Information that we may collect from or about you, depending on how you interact with the Website or through our Services:

  • Identifiers, such as your name, business name, email address, and physical address;
  • Device and online identifiers and related information, including internet protocol (IP) address, data collected from cookies, and similar unique identifiers;
  • Internet or other electronic network activity information on our Website, including, but not limited to, history of your marketplace searches, listings you have viewed or saved, and web pages you have viewed;
  • Non-precise geolocation information;
  • Any other Personal Information that you voluntarily provide us.

Non-Personal Information

We may collect information that is not Personal Information (“Non-Personal Information”), which may include anonymous or aggregate data, or information lawfully made available from federal, state, or local government records. Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose permitted by applicable law. In some instances, we may combine Non-Personal Information with Personal Information, in which case the combined information will be treated by us as Personal Information to the extent that it may be used to personally identify you. We reserve the right to develop and derive aggregate data (meaning information that relates to a group or category of individuals, from which individual identities have been removed) from Personal Information in order to enhance and maintain the Website or our Services, and such aggregate data will be treated as non-Personal Information.

How We Collect Your Personal Information

Personal Information You Provide

We collect Personal Information that you provide to us directly. This may include, but is not limited to:

  • Information you provide when you contact us via email or through other Internet-enabled or web-based communications;
  • Information you provide when you register to use our Services, create a profile or account, or provide content to or license content from our Services;
  • Content that you post to the Services;
  • Details relating to transactions that you carry out through our Services, including any orders that you ask us to fulfill, and any payment or other financial information you provide to us relating to such orders;
  • Your search queries on the Services;
  • Your social media handle or other identifier;
  • Information you provide to apply for approval to submit content for licensing through our Services;
  • Any other information that you provide us on or through the Services.

Personal Information We Collect Automatically

Trainspot, our service providers, or our third-party partners may also automatically collect information, including Personal Information, from you when you visit our Website and use or interact with our Services. While some of this information (like a device ID or cookie ID) does not enable us to directly identify you or other users (e.g., we do not know your name or contact information), that information may still be considered Personal Information under applicable privacy laws. Such information may include data collected by the following methods:

  • Cookies and Similar Technology
    We or our vendors may store some information on your device or device hard drive as a cookie or similar type of file (such as clear gifs, tracking pixels, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Website or our other Services. "Cookies" are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website. Such data may include, without limitation, the address of the websites you visited before and after you visited the Website, the type of browser you are using, your Internet Protocol (IP) address, what pages on the Website (or other Services) you visited and what links you clicked on, and the region where your device is located. To the extent we collect geolocation data that you have not provided to us directly, such data shall not constitute precise geolocation data, as defined under applicable privacy laws. We may use cookies to customize your visit to the Website and for other purposes to make your visit more convenient or to enable us to provide or enhance our Services.
  • Clickstream
    As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Website or interacted with our Services. We may collect and use clickstream data to determine how much time visitors spend on each page of our Website (or other Services), how visitors navigate throughout the Website and Services, and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Website and our Services.

How We Use Your Personal Information

We use Personal Information and other information as described herein including for the following purposes:

  • To contact you about our Services and to provide our Services to you;
  • To create, maintain, customize, and secure your account with us, and to personalize your experience on the Website or Services;
  • To operate the Website and to provide you with any specific services that you have requested;
  • To enter into contracts with you related to your supplying content to us or licensing content from us;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and fulfillment;
  • To help maintain the safety, security, and integrity of our Website, Services, databases and other technology assets, and business;
  • For internal research; for technological development and demonstration; and to improve, upgrade, or enhance our Website and Services;
  • For detecting security incidents; protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity;
  • To investigate suspected fraud, harassment, or other violations of any law, rule, or regulation, or the policies for the Website;
  • As required by law or legal process;
  • To respond to your direct inquiries;
  • To add you to our mailing lists and send you emails from time to time; and
  • For any additional purposes to which you specifically consent.

We reserve the right to use and disclose information that is not Personal Information in any manner permitted by law except as otherwise provided in this Privacy Notice.

How We Disclose or Share Your Personal Information

Besides using your Personal Information ourselves, we may send your Personal Information and other information to other companies, affiliates, and third parties in the following instances:

  • Service Providers and Processors:
    We may disclose your Personal Information to third parties who may use your information to provide us services...
    • We use Stripe as our payment processor for transactions made through our Services. We do not receive or process your payment information, which is collected and processed by Stripe.
  • Legal Compliance and to Defend Our Rights.
    We may disclose Personal Information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process, including to respond to requests from public and government authorities from jurisdictions outside your country of residence; (c) to enforce our terms and conditions; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (f) to allow us to pursue available remedies or limit the damages that we may sustain.
  • Business Transfers:
    We may disclose your Personal Information and other information to third parties in connection with a corporate restructuring, acquisition, or divestiture.
  • Aggregated or Non-Personal Information
    We may disclose aggregated information or Non-Personal Information to unaffiliated third parties, such as business partners, manufacturers, distributors, and retailers, in a form in which the disclosed information will not contain nor be linked to any Personal Information, including without limitation to improve and enhance your experience using the Website and Services.

Please note that if you specifically consent to additional uses of your Personal Information, we may use your Personal Information in a manner consistent with that consent.

Google and YouTube User Data

We use Google and YouTube account data for these two purposes:

  • For account creation and authentication, if you choose to use create an account on Trainspot using Sign In with Google, and
  • If you choose to register a YouTube channel, we ask that you authenticate with Google to demonstrate that the channel you are registering is in fact yours. We then query Google to obtain public information about the channel you’ve registered, such as its name, description, views, and video count.

We do not use information from your Google or YouTube accounts for any other purposes.

We do not share information from your Google or YouTube accounts with third parties.

How We Protect Your Personal Information

Personal information is maintained on our servers or those of our vendors, and is accessible by authorized employees, independent contractors, representatives, and agents as necessary for the purposes described in this privacy policy. We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of Personal Information. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and Trainspot, or information stored on the Website, our Services, or our servers, will be free from unauthorized access by third parties such as hackers, and your use of the Website or Services demonstrates your assumption of this risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you believe that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us at [email protected].

Data Retention

We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Website or Services and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregated data previously collected

We may create links to other websites that we think may be of interest to you, such as providers of various products and services. We may also provide links that allow you to send or forward a post from our Services through or to third-party social media sites, or other means of electronic communication, such as an email or text messaging service. We do not endorse any other websites, providers, or services by providing such links, and this Privacy Notice applies only to your use of our Services. We are not responsible for the privacy policies of any websites and services we link to on our Services, and you should read the privacy policies of each site you visit to determine what data that site may collect about you.

The Services may also provide links to or integrate with social media platforms, financial service providers and other service providers. We do not control such services and are not liable for any content they provide or how they operate. While we may, as a courtesy, provide you with the ability to access such third-party services in connection with our Services, we are doing so merely as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly.

You should be aware that any Personal Information that you voluntarily include and transmit online in a publicly accessible blog, forum, social network, or otherwise may be viewed and used by others. By using such features, you assume the risk that the Personal Information provided by you may be viewed and used by third parties.

Cross-Border Data Transfers

If you submit Personal Information to us, such information may be processed in a jurisdiction where privacy laws may be less stringent than those in your country of residence. By submitting your Personal Information to us, you agree to the transfer, storage, and processing of such information in foreign jurisdictions including, but not limited to, the United States. Your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States. Where applicable, we may use model clauses approved by the laws of your jurisdiction (such as Standard Contractual Clauses approved by the European Commission) for cross-border data transfers.

Children’s Privacy

Our Website and Services are intended for users ages 18 and over. We do not knowingly collect Personal Information from minors. When we become aware that Personal Information (or other information that is protected under applicable law) from a child under 16 (or such other age as may be restricted under local law) has been collected, we will use all reasonable efforts to delete such information from our database. If you believe we might have any Personal Information from or about a child under 16, please contact us at [email protected].

Your Choices

If you receive a marketing email from us, you may unsubscribe from any future marketing emails by sending an unsubscribe request to [email protected] or by clicking the “unsubscribe” link in a marketing email that you receive from us. We will process your request within a reasonable time after receipt.

Cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. Additionally, if you opt out on one of your devices, that opt out may not be effective on all of your devices. You must separately opt out on each device.

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Website or some of its functionality may be affected.

California “Shine the Light” Law

California Civil Code Section § 1798.83 permits users of our Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We never disclose your personal information to third parties for their direct marketing purposes. However, if you want more information, you may contact us at [email protected].

Nevada Privacy Rights

If you are a Nevada resident, you have the right to request that we not sell your covered information (as those terms are defined in N.R.S. 603A) that we have collected, or may collect, from you. We do not sell your covered information. However, if you would like to make such a request you may do so by contacting us at [email protected].

Changes to This Policy

We reserve the right, at our discretion, to update this Privacy Notice at any time and will notify you of any material changes to the way in which we treat Personal Information by posting an updated Privacy Notice or other notice on relevant areas of our Website. Any updated version of this Privacy Notice will be effective immediately upon posting unless otherwise specified. Your continued use of the Website after the effective date of the revised Privacy Notice will constitute your consent to those changes. However, we will not, without your consent, use your previously collected Personal Information in a manner materially different from what was stated at the time your Personal Information was collected. We encourage you to periodically review the Website for the latest information on our privacy practices.

Contact

For questions or concerns relating to privacy, please contact us at:[email protected]