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Privacy Policy & Terms of Service

 

Privacy Policy​

At Collective Solutions Inc. ("Company", "we", "us", "our"), we understand the importance of protecting your privacy and are committed to being transparent about how we collect, use, and protect your information. This Privacy Policy ("Policy") explains how we collect, use, disclose, and protect your information when you use our website, our mobile application, ORB, and ours electronic systems (collectively, "Services"). By using our Services, whether as a website visitor, app user, or the like, you agree to the terms outlined herein:

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1. Information We Collect

We collect a variety of information to enhance the user experience and improve the quality of our Services. The information we gather may include:

  • Personal Information: When you sign up for our Services or engage with certain features, we may collect personal details such as your name, email address, phone number, billing information, demographic details, and any other information you voluntarily provide.

  • Usage Data: This includes technical information such as your IP address, device information, browser type, operating system, unique device identifiers, time spent on our app, interactions with specific features, and similar technical data.

  • Location Data: If you enable location services, we may collect information about your geographic location (derived from GPS, IP address, and or other location-tracking methods).

  • Cookies and Tracking Technologies: We use cookies, web beacons, and similar technologies to track how you interact with our Services, personalize your experience, and offer targeted ads. You have control over cookies through your browser settings, but blocking cookies may limit your ability to use certain functionalities on our website or elsewhere. 

  • Payment Information: For subscription-based or transactional services, we collect payment details, including credit card information, billing addresses, and any other payment-related data.

  • Third-Party Data: We may collect data about you from third-party services such as social media platforms, analytics providers, or marketing partners to better understand user trends and improve our offerings.

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2. How We Use Your Information

We use the information we collect for the following primary purposes:

  • To Provide and Improve Our Services: Your data is used to personalize your experience, enhance the functionality of our Services, improve our app, and ensure smooth operation of your account.

  • Communication: We may use your contact details to send service-related notifications, administrative updates, and any marketing materials you’ve opted into. We reserve the right to send you communications regarding your account, updates, or important notices without your prior consent, as these are necessary for the functioning of the Services.

  • To Process Transactions: For services that involve financial transactions, we will use your payment data to complete purchases, subscriptions, and other payment activities.

  • To Personalize Content: We use your data to display customized content, advertisements, and offers that are tailored to your preferences and usage patterns.

  • Marketing and Promotional Communications: With your consent, we may send you promotional emails, newsletters, and offers for products and services that may interest you. You can opt-out of these communications at any time.

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3. How We Share Your Information

We take your privacy seriously, but we may share your information under the following circumstances:

  • Service Providers: We may share your personal data with trusted third-party service providers who assist us in operating our Services, such as payment processors, marketing platforms, data analytics providers, customer support services, and cloud hosting providers. These third parties are contractually obligated to protect your information and only use it for the purposes we specify.

  • Business Transactions: If we are involved in a merger, acquisition, or sale of assets, your information may be transferred as part of the transaction. We will provide notice of such changes, and your data will remain protected under this Privacy Policy, unless you opt-out as required by applicable law.

  • Legal Compliance: We may disclose your information to comply with legal requirements, such as responding to subpoenas, court orders, or legal processes, protecting the rights of Collective Solutions Inc. and ensuring the safety of users and third parties.

  • Affiliates and Partners: We may share your data with affiliates or business partners for internal business purposes or joint marketing initiatives. Your data will remain subject to this Privacy Policy.

  • Aggregated or Anonymized Data: We may share non-identifiable aggregated or anonymized data with third parties for research, analytics, or marketing purposes. These aggregated datasets will not be used to identify individual users.

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4. Data Retention and Deletion

We will retain your personal data for as long as necessary to fulfill the purposes outlined in this Privacy Policy, comply with legal obligations, resolve disputes, and enforce our agreements. We reserve the right to retain certain data, even after you request its deletion, if necessary for legitimate business purposes or legal compliance. To request the deletion of your personal data, please contact us at data@collectiveorb.com. Please note that some requests for deletion may be subject to legal restrictions, and we may retain data for a period necessary to comply with such requirements.

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5. Security of Your Information

We implement reasonable administrative, technical, and physical safeguards to protect your personal information from unauthorized access, alteration, disclosure, or destruction. However, despite our best efforts, no data transmission or storage system is completely secure. By using our Services, you acknowledge the inherent risks of transmitting information over the internet, and you accept responsibility for any data transmission you make.

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6. Limitation of Liability and Waiver of Claims

By using our Services, you agree that:

  • No Liability for Damages: Company, nor its parents company, subsidiaries, officers, directors, agents, employees, contractors, nor affiliates shall be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the Services, including but not limited to loss of data, business interruption, or any financial losses, regardless of whether we were advised of the possibility of such damages. You acknowledge that your use of the Services is at your own risk.

  • Waiver of Claims: To the fullest extent permitted by law, you waive any claims, actions, or lawsuits against Collective Solutions Inc., its parents company, subsidiaries, officers, directors, agents, employees, contractors, and affiliates for damages arising from the use or misuse of the Services, including but not limited to claims for breach of contract, tort, negligence, or other legal theories.

  • Indemnification: You agree to indemnify and hold harmless Collective Solutions Inc., its parents company, subsidiaries, officers, directors, agents, employees, contractors, and affiliates from any claims, losses, damages, liabilities, and expenses, including legal fees, arising from your violation of this Privacy Policy, your use of the Services, or your infringement of the rights of any third party.

These limitations of liability and waiver of claims shall apply regardless of whether any legal theory is invoked, including contract, tort, or otherwise, and regardless of whether we have been informed of the possibility of such damages. Depending on your location and applicable law, you may have certain rights regarding your personal data. When exercising these rights, we may need to verify your identity before processing certain requests. All such inquires shall be directed to legal@collectiveorb.com. 

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8. International Data Transfers

Your personal data may be transferred to and stored in countries outside of your jurisdiction, including the United States. These countries may have different data protection laws than those in your country. By using our Services, you consent to the transfer of your personal data to these countries.

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9. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not controlled by us. We are not responsible for the content, privacy policies, or practices of third parties. We encourage you to review the privacy policies of any third-party services you access through our Services.

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10. Children’s Privacy

Our Services are not intended for individuals under the age of 16. We do not knowingly collect personal data from children under 16. If we discover that we have inadvertently collected information from a child under 16, we will take immediate steps to delete that information. If you believe we may have collected such information, please contact us at data@collectiveorb.com.

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11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any significant changes by posting the new policy on our website and updating the "Effective Date" on this page. We encourage you to review this Privacy Policy periodically for any updates. Continued use of our Services after changes to the Privacy Policy constitutes your acceptance of those changes.

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12. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or your personal data, please contact us at: legal@collectiveorb.com

 

Effective Date: January 20th, 2025

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Terms of Use

These Terms of Use ("Terms") govern your access to and use of Collective Solutions's ("Company", "we", "us", "our") website, mobile application, ORB, and our electronic systems (collectively, "Services"). By accessing or using our Services, you ("User" or "you") agree to be bound by these Terms. If you do not agree with these Terms, you must immediately cease use of the Services. We may modify or update these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting, and you agree to be bound by the most recent version of the Terms. It is your responsibility to review these Terms periodically for any updates or changes.

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1. Acceptance of Terms

By accessing and using our Services, you agree to comply with and be bound by these Terms, as well as any additional terms, conditions, or policies provided on the Services or in connection with specific features. If you do not agree with these Terms, you are not authorized to access or use the Services and must immediately discontinue any use of the Services.

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2. Eligibility

You must be at least 18 years old, or the legal age of majority in your jurisdiction, to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

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3. Account Registration

In order to access certain features of our Services, you may be required to create an account. By creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials (username and password) and are solely responsible for all activities that occur under your account.

We reserve the right to suspend or terminate your account if we suspect any unauthorized access, misuse, or violation of these Terms. You must immediately notify us of any unauthorized use of your account.

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4. User Conduct and Responsibilities

You agree to use the Services in accordance with all applicable laws and regulations. You shall not:

  • Engage in fraudulent, harmful, or unlawful activities.

  • Attempt to manipulate, disrupt, or damage the Services or servers.

  • Use the Services to transmit harmful viruses, malware, or malicious software.

  • Interfere with the security or integrity of the Services, including attempting to bypass any security measures.

  • Harvest or collect personal data or other information from users of the Services without their consent.

  • Engage in any conduct that harms or could harm the reputation of Company or the Services.

  • Infringe upon or violate the intellectual property rights or proprietary rights of Company or any third party.

  • Use automated tools or bots to access the Services without our prior written consent.

We reserve the right to monitor and review your use of the Services and take appropriate action if we suspect any violations of these Terms, including suspending or terminating your access.

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5. Intellectual Property Rights

  • Ownership: All content, features, functionality, and services offered through our website and app, including but not limited to text, graphics, logos, images, audio, video, software, and other proprietary materials (collectively, "Content"), are owned by Collective Solutions, its affiliates, or its licensors and are protected by copyright, trademark, and other intellectual property laws.

  • License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial use, subject to your compliance with these Terms. You may not use the Content for commercial purposes or distribute, modify, reverse engineer, or create derivative works based on any of the Content without our express written consent.

  • Feedback and Suggestions: If you provide us with any suggestions, feedback, or ideas about our Services, you agree that we have the right to use such feedback without any obligation to compensate you.

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6. Restrictions on Use

You are expressly prohibited from:

  • Reversing, decompiling, disassembling, or attempting to derive the source code of any part of our Services.

  • Modifying, adapting, translating, or creating derivative works based on any part of the Services.

  • Using the Services to create or distribute competing products or services.

We retain the right to suspend or terminate your access to the Services for any violation of these restrictions, at our sole discretion.

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7. Payment and Subscription Services

  • Subscription Fees: Certain features of our Services may require a subscription or payment. By subscribing to these services, you agree to pay the applicable subscription or usage fees. Payments are non-refundable, except as required by law.

  • Payment Methods: You agree to provide accurate payment details, and you authorize us to charge your selected payment method for all applicable fees, including any taxes and other charges. You will be responsible for keeping your payment information up to date. If your payment fails, we reserve the right to suspend or cancel your access to paid services.

  • Automatic Renewal: Unless you cancel your subscription before the renewal date, your subscription will automatically renew, and you will be charged for the next billing cycle. You may cancel your subscription at any time, but no refunds will be provided for the current billing cycle.

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8. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using our Services, you agree to the terms of our Privacy Policy, which is incorporated by reference into these Terms.

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9. Disclaimers and Limitation of Liability

  • No Warranty: The Services are provided "as is" and "as available." Collective Solutions Inc. makes no representations or warranties of any kind, express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

  • Accuracy of Information: While we make efforts to ensure that the information on our website and app is accurate and current, we do not guarantee its accuracy, completeness, or reliability. We assume no responsibility for any errors or omissions.

  • Limitation of Liability: To the fullest extent permitted by law, Company, nor its parents company, subsidiaries, officers, directors, agents, employees, contractors, nor affiliates shall be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to your use or inability to use the Services, even if we have been advised of the possibility of such damages.

  • Maximum Liability: In no event shall Company's total liability to you exceed the amount you have paid for access to the Services in the twelve (12) months preceding the event that gave rise to the claim.

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10. Indemnification

You agree to indemnify, defend, and hold harmless Company, its parents company, subsidiaries, officers, directors, agents, employees, contractors, affiliates, and licensors from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

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11. Termination and Suspension

  • Termination by Company: We may suspend or terminate your access to the Services, without notice, if we believe you have violated these Terms, engaged in any unlawful, fraudulent, or harmful activity, or violated any of the in-app rules. 

  • Termination by You: You may cancel your account or subscription at any time by following the procedures outlined in your account settings. Upon cancellation, you will not receive a refund for any fees already paid, except as required by applicable law.

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12. Governing Law and Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of State of North Carolina, without regard to its conflict of law principles.

  • Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, our Services, or our Privacy Policy shall be resolved exclusively through binding arbitration paid at your sole expense. You hereby waive any right to a jury trial or agree not to participant, in any way, in a class action lawsuit against the Company, its parents company, its subsidiaries, officers, directors, agents, employees, contractors,  affiliates, licensors or the like. Should a dispute arise, the Company reserves the exclusive right to select the Arbitration Institution and the Arbiter(s). However, prior to commencing an arbitration proceeding, you shall first notify the Company of the nature of your dispute and then allow ninety days for the Company to try and resolve the dispute. All such notices shall be emailed to legal@colletiveorb.com. The email notices shall clearly describe the controversy, the legal issues to be resolved, and your desire to seek an arbitration proceeding. Should the parties fail to resolve the dispute during the ninety day window, you must send an email correspondence to Company at the conclusion of the ninety day window clearly indicating that you wish to proceed with Arbitration. The Company shall then, in its sole discretion, select an Arbiter, or slate of Arbiters, to preside over the dispute. Within thirty days of Company's confirmation of its Arbiter selection, you shall remit payment directly to the Arbitration Institution, or to Company if required by the Institution. Under no circumstances shall the Arbiter issue you an award exceeding ten thousand dollars based on claims related to these Terms, our Service, or our Privacy Policy. However, the Arbiter shall award reasonable attorney's fees to the prevailing party. Should you or your representative fail to follow these alternative dispute resolution procedures, an arbiter or court of competent jurisdiction shall grant Company its reasonable administrative and attorneys fees resulting from the non-compliance.  

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13. Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, strikes, or technical failures.

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14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

 

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal agreements published by Company on the Services, constitute the entire agreement between you and Collective Solutions Inc. regarding your use of our Services. Any previous agreements between you and the Company regarding the Services are superseded by these Terms.

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16. Contact Information

If you have any questions or concerns about these Terms, please contact us at legal@collectiveorb.com. 

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Effective Date: January 20th, 2025

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