CO-DA PRIVACY POLICY AND TERMS & CONDITIONS

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CO-DA RESPECTS YOUR PRIVACY

This Privacy Policy (“Privacy Policy”) is provided by CO-DA (“co-da”, “we”, “us” or “our”). This Privacy Policy applies to all personal information we collect from you, whether in written, electronic, or oral form, when you use our future mobile application (the “App”), visit our website at www.co-da.com (the “Site”), and more generally, use any of our services (the “Services”, which include the App and the Site). We appreciate that you are trusting us with the personal information and data we collect or receive from you, as we take your privacy very seriously. In this Privacy Policy, we aim to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. You can choose not to provide certain information, but then you might not be able to take advantage of certain features of the Services.

Please read this Privacy Policy carefully as it explains what we do with the information that we collect from you. By using or accessing the Services, you consent to the collection and use of your personal information in accordance with this Privacy Policy.

COLLECTION, USE, AND SHARING OF PERSONAL INFORMATION

Personal Information We Collect

We collect personal information that you voluntarily provide to us when you use the Services, that is automatically collected when you use the Services, and that is collected from third parties, including our business partners and service providers. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the features you use. The personal information we collect may include the following:

Contact data, such as your first and last name, email, zip code, and phone number

Profile data, such as your account password and other information you include in your account profile
Characteristic data, such as gender, shirt size, and date of birth
Communication data, such as the communications that are exchanged when you communicate with us, including email correspondence
Geo-Location data, such as location-based information from your mobile device or computer, either continuously or while you are using our App or Site
Payment and transactional data, such as the information needed to complete your orders on or through the App or the Site (including name, credit card information, and billing information), information about your payment transactions, and your order history
Marketing data, such as your preferences for receiving communications about our products or services; details about how you engage with our communications; and information you provide when you participate in a promotion
Device and activity data, such your mobile device or computer, browser type, your activity over time on the App, the Site, and other online services, IP address, the website you visited before browsing to our App or Site, pages you viewed, how long you spent on a page, navigation paths between pages, information about your activity on a page, access times, and duration of access
Information automatically collected when you use the Services, such as cookies and similar tracking technologies, log and usage data, location data, push notifications, and behavioral tracking
Information from other sources, such as affiliate programs, third party service providers, and business partners. We may collect the personal information that you or the third party platform makes available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address, friends list or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service. When you access the Services through social media services or when you connect the Services to social media services, you are authorizing us to collect, store, and use such information and content in accordance with this Privacy Policy.
Other information that we may collect which is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

How We Use Your Personal Information

We use personal information we collect or receive from you for a variety of purposes, including the following:

Fulfill and manage your orders. We may use your information to fulfill and manage your orders and payments made through the App or the Site.
To deliver and facilitate delivery of services to you. We may use your information to provide you with the services you requested.
To communicate. We may use your information in order to communicate with you, request feedback, or to contact you about your use of the Services.
To manage your account. We may use your information to manage your account and keep it in working order.
To send administrative information to you. We may use your information to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies.
To protect you. We may use your information as part of our efforts to keep our App and Site safe and secure.
To fulfill obligations. We may use your information to fulfill your contractual obligations with us or carry out other legitimate business interests.
To support. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
Marketing and advertising. We and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time by following the opt-out or unsubscribe instructions at the bottom of the email or through the manage subscription option on your account on the App.
Compliance and protection. We may use your information to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities or enforce the Terms and Conditions that govern the Services.
Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
Research and development. We may use your information for research and development purposes, including to analyze and improve the Services and our business. We may create aggregated, de-identified or other anonymous data from your personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.
Interest-based advertising. We may contract with third-party advertising companies and social media companies to display ads on our App or Site. These companies may use cookies and similar technologies to try to tailor the ads you see online to your interests based on your activity over time across our Services, or your interaction with our emails. These ads are known as “interest-based advertisements”.
For other purposes. We may also use your information for other purposes described in this Privacy Policy or at the time we collect the information.

How We Share Your Personal Information

We may process or share your personal information as follows:

Consent. We may process your information if you have given us specific consent to use your information for a specific purpose.
Legitimate Interests. We may process your information when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract. We may process your information to fulfill the terms of our contract where we have entered into a contract with you.
Legal Obligations. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena or other legal compliance.
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Vendors, Consultants, and Other Third-Party Service Providers. We may share your information with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to provide such services, such as payment processing, account registration, sales transactions, order delivery, data analysis and analytics, email delivery, hosting services, customer service, reputation management, marketing and advertising efforts, direct marketing, lead generation, affiliate marketing, retargeting platforms, product giveaways and promotions, website and mobile application development, data backup and security, and professional advisors. We may allow selected third parties to use tracking technology on the App or the Site, which will enable them to collect data on our behalf about how you interact with our App or Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. We do not share, sell, rent or trade any of your information with third parties for their promotional purposes unless otherwise provided in this Privacy Policy.
Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.

CHANGES IN PRIVACY POLICY

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Last Updated” date at the top of this Privacy Policy and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.

THIRD-PARTY SERVICES

The Services may contain links to websites and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or other online services that are not associated with us. We do not control websites or other online services operated by third parties, and we are not responsible for their actions. Other websites and online services follow different rules regarding the collection, use, and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.

SECURITY

The App and Site limit the number of employees that have access to the databases that contain personal information, and our employees are advised of the importance of confidentiality. However, the security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. Despite our safeguards and efforts to secure your information, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our App or Site is at your own risk. You should only access the App or Site within a secure environment.

CHILDREN

We do not knowingly solicit data or information from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at sales@co-da.com.

Will your personal information be shared with anyone else?

We may disclose your personal information with our service providers in order to provide the Services.

The business or commercial purpose for collecting your personal information includes the following: payment processing, account registration, sales transactions, order delivery, data analysis and analytics, email delivery, hosting services, customer service, reputation management, marketing and advertising efforts, direct marketing, lead generation, affiliate marketing, retargeting platforms, product giveaways and promotions, website and mobile application development, data backup and security, and professional advisors. We do not share your personal information with third parties that are not our service providers, nor do we sell your personal information.

ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS

CCPA Privacy Notice

If you are a California resident, we must adhere to certain rights and obligations regarding your personal information. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “personal information” categories, as identified and defined by the CCPA, that we collect, the reason we collect your personal information, where we obtain the personal information, and the third parties with whom we may share your personal information. We do not generally sell information as the term “sell” is traditionally understood. However, if and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.

ADDITIONAL DISCLOSURES FOR NEVADA RESIDENTS

If you are a Nevada resident, you have the right to request certain information from us regarding the collection and sale of your personal information during your use of the Services or when you otherwise interact with us online. If you have sought or acquired any goods or services for personal, family, or household purposes from the Site or the App, you may ask us to disclose whether we have sold certain information about you. As a Nevada resident, you may also request to opt-out of us sharing such information about you. To make this inquiry, please submit a request to sales@co-da.com. We may require additional information to verify your identity before we can respond.

QUESTIONS/CONTACT US

If you have any questions, comments, or concerns regarding our privacy practices, please contact us. Our contact information is as follows:

Contact: Attn: CO-DA

Address: 1409 Babbage Ln

Indian Trail, NC 28079

United States

Email: sales@co-da.com

Terms and Conditions

Last updated: November 13, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions
Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: North Carolina, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to CO-DA, 1409 Babbage Ln Indian Trail, NC 28079 United States.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to CO-DA, accessible from http://co-da.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver
Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: