Terms and Conditions of CREATIVEREFINERY.com

This Agreement is between CREATIVE REFINERY (or “we” or “our”) and the entity using this website (“you” or “your”). An individual accepting this Agreement on behalf of an organization represents and warrants having legal authority to accept these Terms on behalf of that organization. By accessing this site in any manner, even if you do not opt in to any communications from us, you agree to be bound by these terms of use (“Agreement”). If you do not agree to this Agreement, you must not access this site.

PRIVACY
CREATIVE REFINERY uses third parties to provide the necessary hardware, software, networking, storage, and related technology required to run this site. CREATIVE REFINERY is not responsible for the privacy policies of third-party providers and CREATIVE REFINERY disclaims all liability arising from any action of any third-party provider.

CREATIVE REFINERY will store, or have a third party store, Third-Party Data and communications transmitted using the site for purposes of opt-in communications or to service any requests or questions asked of us through communications on the site. CREATIVE REFINERY may store the data and communications temporarily or for longer periods of time for such purposes, but does not promise that the Third-Party Data and communications will be stored for any given period of time.

If you opt in to future communications from CREATIVE REFINERY, we will store certain personally-identifying information including your name and email address solely for delivering communications to you.

ACCEPTABLE USE
You shall not use this site in any way that: adversely impacts the availability, reliability, or stability of the site; attempts to bypass or break any security mechanism of the site; transmits any material that contains viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs; accesses CREATIVE REFINERY’s servers by scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to CREATIVE REFINERY’s servers; or violates applicable local, state, national or international law or regulations of any jurisdiction from which you access the site.

CREATIVE REFINERY has the sole discretion to determine whether you or other third parties are in violation of this Acceptable Use section.

CREATIVE REFINERY, at its sole discretion, may take any action it deems necessary to end the violation of this Acceptable Use section, including but not limited to barring your access to the site. CREATIVE REFINERY may take such actions without notice to you. These remedies shall be in addition to any other remedies CREATIVE REFINERY has in law or equity. CREATIVE REFINERY shall not be liable for any consequences of such actions, even if it is later determined that the alleged violation was not an actual violation of the Acceptable Use section.

INTELLECTUAL PROPERTY
Except for those portions of the site that have been licensed from a third party, CREATIVE REFINERY retains all right, title and interest in the site and all related documentation, including any additions or improvements made thereto, including all applicable rights in patents, copyrights, trademarks and trade secrets.

You will not attempt, assist others in attempting, or allow others to copy, modify, translate, decompile, disassemble, or reverse engineer the site.

You will preserve all proprietary rights notices on the site, including those on any downloadable materials.

All trademarks, including service marks, trade names and trade dress that CREATIVE REFINERY uses in connection with the license granted hereunder (the “Trademarks”) are and remain the exclusive property of CREATIVE REFINERY. The Trademarks include but are not limited to CREATIVE REFINERY and JukBxx. Nothing contained in this Agreement grants you the right to use any Trademark, nor grants any other right, title or interest in any Trademark, and all goodwill associated with Trademark use inures to the benefit of CREATIVE REFINERY.

To the extent CREATIVE REFINERY is deemed a “service provider” under the Digital Millennium Copyright Act (“DMCA”), its designated agent to receive notifications of claimed infringement under the DMCA is:

DMCA Agent
CREATIVE REFINERY
7135 E Camelback Rd., #360
Scottsdale, AZ 85251
[email protected]

NOTIFICATION
Any notices to be given to CREATIVE REFINERY shall be made in writing to:

CREATIVE REFINERY
7135 E Camelback Rd., #360
Scottsdale, AZ 85251
[email protected]

You agree that CREATIVE REFINERY can send notices by email to the email address that you provided to CREATIVE REFINERY when contacting us via our contact form, or by opting in to communications from CREATIVE REFINERY. You agree that all notices, agreements, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DISCLAIMERS AND LIMITATION OF LIABILITY
While CREATIVE REFINERY makes reasonable efforts to provide the site continuously, it does not guarantee such service. The site will be interrupted on occasion for planned and unscheduled maintenance, without notice to you. The site is provided AS-IS and AS-AVAILABLE. CREATIVE REFINERY DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY TIME NOR AT ALL TIMES.

CREATIVE REFINERY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

CREATIVE REFINERY disclaims all liability arising from any action or omission of any third party providing hardware, software, networking, storage, or other technology required to run the Service.

CREATIVE REFINERY shall have no liability, relating to your use of the site for: consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such;
loss of business, profits, business information, or business interruption, or any other pecuniary loss; or for direct damages, actually proven, exceeding the amount of money you have paid to CREATIVE REFINERY.

This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

CREATIVE REFINERY reserves the right, at any time, in CREATIVE REFINERY sole and exclusive discretion, to amend, modify, suspend, or terminate the Service or any part thereof, and your use of or access to them, with or without notice. CREATIVE REFINERY shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information.

INDEMNITY
You agree to defend, indemnify, and hold CREATIVE REFINERY, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from your use of the Service, including but not limited to enabling CREATIVE REFINERY to access Third-Party Data.

CREATIVE REFINERY reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to defense by you, in which event you will cooperate with CREATIVE REFINERY in the conduct of such defense. CREATIVE REFINERY reserves the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify CREATIVE REFINERY. You shall not settle any dispute subject to your indemnification under these Terms without written consent from CREATIVE REFINERY.

GOVERNING LAW
For any dispute, controversy or claim arising out of or in connection with this Agreement, venue and personal jurisdiction shall be in the federal, state or local court with competent jurisdiction located in Maricopa County, Arizona. Each party consents to the jurisdiction of such courts, agrees to accept service of process by mail, and hereby waives any jurisdictional or venue defenses otherwise available to it.

Any dispute between the parties arising out of or related to this Agreement shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Phoenix, Arizona. The decision and award of the arbitrators will be final and binding and the award so rendered may be entered in any court having jurisdiction of the matter. All fees and expenses of the arbitrator(s) and all other expenses of the arbitration will be borne by the parties to such arbitration in the manner determined by the arbitrator(s).

This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Arizona, except for their conflict of law provisions and as otherwise set forth herein. For avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods does not apply.

RELATIONSHIP OF THE PARTIES
Nothing contained herein will be deemed to create a partnership, joint venture, agency or employment relationship between the parties hereto. Neither party is authorized to enter into any contract or commitments on behalf of the other, or assume any obligation for, or otherwise bind the other party financially or otherwise, nor will it represent that it has such authority.

ASSIGNMENT
CREATIVE REFINERY may assign this agreement at any time without notice to you. You may not assign this Agreement or your account to anyone else, and any attempt to assign shall be void.

WAIVER
None of the terms of this Agreement are deemed to be waived or modified except by an express agreement in writing signed by both parties that references this Agreement. The failure of a party hereto in enforcing any of its rights under this Agreement will not be deemed a continuing waiver or modification by such party of any of its rights under this Agreement.

SEVERABILITY
If any provision of this Agreement is for any reason declared to be invalid or unenforceable, the validity of the remaining provisions will not be affected thereby.

ENTIRE AGREEMENT
This Agreement and any incorporation by reference herein constitute the entire agreement between the parties regarding the subject matter hereof. No change, addition or amendment will be made except by written document signed by the parties hereto. CREATIVE REFINERY may change these Terms at any time, including by adding new provisions or removing existing provisions, except as otherwise provided in these Terms. The most current version of these Terms can be accessed at CREATIVEREFINERY.com. By continuing to access or use the site, you accept any changes or revisions to these Terms.

Last updated: November 20, 2018

Privacy Policy of CREATIVEREFINERY.com
CREATIVEREFINERY.com collects some Personal Data from its Users.

Policy summary
Personal Data collected for the following purposes and using the following services:
Analytics and Google Analytics, Google Tag Manager, HubSpot Analytics and Google Ads conversion tracking

Personal Data: Cookies and Usage Data

Managing contacts and sending messages
HubSpot Email
Personal Data: email address and Usage Data

Remarketing and behavioral targeting
Remarketing through Google Analytics for Display Advertising
Personal Data: Cookies and Usage Data

Tag Management
Segment
Personal Data: Cookies and Usage Data

User database management
HubSpot CRM
Personal Data: email address, phone number and various types of Data as specified in the privacy policy of the service

HubSpot Lead Management
Personal Data: various types of Data as specified in the privacy policy of the service

Contact information
Principal Consultant
CREATIVE REFINERY

Owner contact email: [email protected]

Full policy
Data Controller
CREATIVE REFINERY

Owner contact email: [email protected]

Types of Data collected
Among the types of Personal Data that CREATIVEREFINERY.com collects, by itself or through third parties, there are: Cookies, Usage Data, email address and phone number.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using CREATIVEREFINERY.com.

Unless specified otherwise, all Data requested by CREATIVEREFINERY.com is mandatory and failure to provide this Data may make it impossible for CREATIVEREFINERY.com to provide its services. In cases where CREATIVEREFINERY.com specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

Any use of Cookies – or of other tracking tools – by CREATIVEREFINERY.com or by the owners of third-party services used by CREATIVEREFINERY.com serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through CREATIVEREFINERY.com and confirm that they have the third party’s consent to provide the Data to the Owner.

Methods of Data processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of CREATIVEREFINERY.com (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:

Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law; provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof; processing is necessary for compliance with a legal obligation to which the Owner is subject; processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner; processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will help clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Place
The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.

Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.

Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Analytics, Tag Management, User database management, Managing contacts and sending messages and Remarketing and behavioral targeting.

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:

Analytics
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of CREATIVEREFINERY.com, to prepare reports on its activities and share them with other Google services.

Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy – Opt Out.

Google Tag Manager (Google Inc.)
Google Tag Manager is an analytics service provided by Google Inc.
Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy.

HubSpot Analytics (HubSpot, Inc.)
HubSpot Analytics is an analytics service provided by HubSpot, Inc.
Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy – Opt Out .

Google Ads conversion tracking (Google Inc.)
Google Ads conversion tracking is an analytics service provided by Google Inc. that connects data from the Google Ads advertising network with actions performed on CREATIVEREFINERY.com.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Managing contacts and sending messages
This type of service makes it possible to manage a database of email contacts, phone contacts or any other contact information to communicate with the User.

These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.

HubSpot Email (HubSpot, Inc.)
HubSpot Email is an email address management and message sending service provided by HubSpot, Inc.

Personal Data collected: email address and Usage Data.

Place of processing: United States – Privacy Policy.

Remarketing and behavioral targeting
This type of service allows CREATIVEREFINERY.com and its partners to inform, optimize and serve advertising based on past use of CREATIVEREFINERY.com by the User.

This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.
In addition to any opt out offered by any of the services below, the User may opt out of a third-party service’s use of cookies by visiting the Network Advertising Initiative opt-out page.

Remarketing through Google Analytics for Display Advertising (Google Inc.)
Google Analytics for Display Advertising is a remarketing and behavioral targeting service provided by Google Inc. that connects the tracking activity performed by Google Analytics and its Cookies with the Adwords advertising network and the Doubleclick Cookie.
Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

Tag Management
This type of service helps the Owner to manage the tags or scripts needed on CREATIVEREFINERY.com in a centralized fashion.

This results in the Users’ Data flowing through these services, potentially resulting in the retention of this Data.

Segment (Segment Inc.)
Segment is a tag management service provided by Segment.io, Inc.
Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy. Privacy Shield participant.

User database management
This type of service allows the Owner to build user profiles by starting from an email address, a personal name, or other information that the User provides to CREATIVEREFINERY.com, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networks’ profiles) and used to build private profiles that the Owner can display and use for improving CREATIVEREFINERY.com.
Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on CREATIVEREFINERY.com.

HubSpot CRM (HubSpot, Inc.)
HubSpot CRM is a User database management service provided by HubSpot, Inc.
Personal Data collected: email address, phone number and various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

HubSpot Lead Management (HubSpot, Inc.)
HubSpot Lead Management is a User database management service provided by HubSpot, Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

The rights of Users
Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:
Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.

Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.

Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.

Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.

Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

Cookie Policy
CREATIVEREFINERY.com uses Cookies. To learn more and for a detailed cookie notice, the User may consult the Cookie Policy.

Additional information about Data collection and processing

Legal action
The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of CREATIVEREFINERY.com or the related Services.

The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

Additional information about User’s Personal Data
In addition to the information contained in this privacy policy, CREATIVEREFINERY.com may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

System logs and maintenance
For operation and maintenance purposes, CREATIVEREFINERY.com and any third-party services may collect files that record interaction with CREATIVEREFINERY.com (System logs) use other Personal Data (such as the IP Address) for this purpose.

Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

How “Do Not Track” requests are handled
CREATIVEREFINERY.com does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy
The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within CREATIVEREFINERY.com and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

Definitions and legal references
Personal Data (or Data)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data
Information collected automatically through CREATIVEREFINERY.com (or third-party services employed in CREATIVEREFINERY.com), which can include: the IP addresses or domain names of the computers utilized by the Users who use CREATIVEREFINERY.com, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.

User
The individual using CREATIVEREFINERY.com who, unless otherwise specified, coincides with the Data Subject.

Data Subject
The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of CREATIVEREFINERY.com. The Data Controller, unless otherwise specified, is the Owner of CREATIVEREFINERY.com.

CREATIVEREFINERY.com (or this Application)
The means by which the Personal Data of the User is collected and processed.

Service
The service provided by CREATIVEREFINERY.com as described in the relative terms (if available) and on this site/application.

European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

Cookies
Small piece of data stored in the User’s device.

Legal information
This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to CREATIVEREFINERY.com, if not stated otherwise within this document.

Latest update: November 20, 2018