Privacy Policy

1. GENERAL

The Privacy Policy (hereinafter, indistinctly, the “Privacy Policy” or the “Policy,”) defines the policies and procedures of Rushmore, Inc. (hereinafter “LITCHI” regarding the collection or disclosure of information via getlitchi.com (hereinafter the “Website”) and the services, features, content or applications it offers. For all of the above, Litchi undertakes to respect and protect your privacy and the data collected that concerns you (hereinafter the “Service” or “Services”). This policy establishes the basis on which “LITCHI” collects your (hereinafter, indistinctly, the “Customer” or “User”) personal data, or the data that you provide to us, and the manner in which this information is used and shared.

Your privacy is very important to “LITCHI”. Therefore, regardless of whether you are a new or an advanced User, we recommend that you read the Privacy Policy very carefully and contact “LITCHI” at privacy@getlitchi.com if you have any questions, for a proper understanding of the viewpoints and practices regarding your personal data. The Privacy Policy also covers the handling of personal data that business partners share with “LITCHI” or vice-versa. This Policy does not apply to the practices of third parties that are not the property and/or under the control of “LITCHI, including but not limited to third-party websites, services and applications. Even when facilitating access exclusively to the services of third parties that equally respect your privacy, “LITCHI” assumes no liability for the content or privacy policies of these services, and therefore recommends that you carefully review the privacy policies of any third-party service to which you may have access.

2. COLLECTION AND USE OF INFORMATION

Note: “LITCHI” collects and uses your information, as described below, to provide its Services and to continuously evaluate and improve them.

2.1. Type of information

General: “LITCHI” may collect personal information via your user account (hereinafter the “Account”) that may identify you with information such as your name and e-mail address, along with other information that does not identify you. Information you provide over the Website may be sent to servers located in the United States. “LITCHI” collects different types of personal information to properly provide the Services that are included on the Website and may be included in the following categories:

(i) Information collected during registration – When registering (at which time you become a User), the applicant may provide personal information. At the same time, we may collect and store personal information that you enter on the Website or provide to us in another way, including personal information that may be contained in any comments or other presentation uploaded or published on the Website. This includes personal identification information, such as your name, place of residence, e-mail address and password.When personal data is collected on a form, the information marked with an asterisk must be provided, since it is considered necessary and without it “LITCHI” will not be able to accept and process the requested service.

We may use your contact information to send you information about our services and updates. You can change your Account settings if you do not want to receive this information, although we reserve the right to contact you when we consider this necessary, for example, to recover the Account. Your e-mail address is never directly disclosed to other users.

(ii) Additional information – You may provide us information to publish your profile, such as a brief biography, your location, your website, a photograph or your username on others platforms (hereinafter individually the “Third-Party Platform” and collectively “Third-Party Platforms,”). “LITCHI” may use this data to send you information about its Services, or for marketing purposes. We may use your information to help others find your “LITCHI” account. Your privacy settings allow others to find you via your e-mail address or username on Third-Party Platforms. You may decide to upload your address book so we can help you find “LITCHI” users that you know. We may suggest people to follow on “LITCHI” based on your imported address book, which you can delete from “LITCHI” at any time. If you send us an e-mail, we may store your message, e-mail address and contact information to reply to your request.

If you connect your “LITCHI” Account with an account you have on a Third-Party Platform to share publications between them, the latter may send us your registration or profile information, as well as any other information you authorize.

Some personal information is voluntarily provided by the User via e-mail, its social networks, message boards or messages between users that may be viewed and possibly used by other users. The publication of this type of personal information may lead to intrusions into the User’s privacy for which “LITCHI” is not liable. Nevertheless, all content that you send to the Services may be retained indefinitely by “LITCHI”, even after your Account is closed, and such content may be disclosed to third parties without revealing personal information as described in this Privacy Policy.

(iii) Information about other persons – We may collect information if you use our Website to upload, share and/or distribute content (including comments), and such content includes personal information about other persons, which may be stored to facilitate the exchange and/or distribution.

(iv) E-mail correspondence – When the User sends e-mail messages or other correspondence to “LITCHI” we will use the information to process their queries, reply to their requests and improve our User support service.

Likewise, “LITCHI” will use the data of registered users to send out general information about the platform, and send promotional offers by various means, such as e-mail (the promotional messages will bear the label “newsletter” and in them the User may select the option of not receiving any more of them). These mailings focus on “LITCHI”, its activities, updates, services, contests and/or events it organizes, promotes or sponsors, special promotions related to its services, the contests and/or events, and news about new products or services it is offering.

If you do not wish to receive commercial mail about “LITCHI” you may deselect the “Receive e-mail from getlitchi.com checkbox in your Account or let us know by responding to one of the publicity messages sent to you or by sending an e-mail to support@getlitchi.com

(v) Registration data – “LITCHI” collects registration information from your web browser when you visit our Website. This information includes your IP address, type of browser and language, access time and cookie information. This information is used to fight spam/malware and to facilitate the collection of data related to your interaction with the Services.

(vi) Information collected by third parties – “LITCHI” may allow third parties, including our authorized service providers, advertising companies and ad networks to publish announcements on our Website. These companies may use tracking tools such as cookies to collect information on Users who see or interact with their announcements. Unless otherwise expressly indicated, our Website does not provide any personal information to these third parties. This information allows them to make certain announcements and measure their effectiveness. For more information, consult section 10 of our Terms and Conditions of Use.

This Privacy Policy only applies to “LITCHI” services on the Website. “LITCHI” has no control over third-party sites that have been included on the “LITCHI” site, nor over the links contained on third-party sites that redirect to its services. It is possible that these other sites send their own cookies or other files to the User’s equipment, collect data or request that personal information be sent, applying their own privacy policy, of which we recommend a careful review.

(vii) Premium service – In the future, “LITCHI” may offer you special access to the PayPerView system for special promotional events. “LITCHI” may share your personal information with the entities and announcers that take part in such an event. Unless otherwise indicated, “LITCHI” will only share your name and e-mail address with such entities and announcers, so that you may receive newsletters or promotional material from these types of entities.

(viii) Surveys and promotions – “LITCHI” may offer you the opportunity to take part in surveys, contests or raffles (hereinafter the “Promotion,” or collectively the “Promotions”) via our Services. If you participate in a Promotion, we will ask you for certain personal information. “LITCHI” will use this personal information to manage your participation in these Promotions. Since participation is completely voluntary, you can decide whether to disclose such information or not. The aforementioned Surveys and Promotions are based on the provisions of the Terms and Conditions of Use.

2.2. Cookies and Spyware

Cookies are text fragments that may be sent to your computer through your web browser when you visit a website. “LITCHI” uses cookies to allow its servers to recognize your browser and tell it how and when you visit the Website.

Using a cookie, “LITCHI” can also collect information about your activity automatically as you browse our Website, such as the web pages you visit and the links you use. Most browsers automatically accept the cookies, but you can reject them by changing the browser settings, but if you do that you may not be able to access or use some of the interactive features offered on our Website.

This Privacy Policy only covers the use of cookies on the Website, and not the use of cookies by third parties. “LITCHI” has no control over when or how third parties may place cookies on your computer.

“LITCHI” understands the negative impact that malicious spyware has on the Internet, and can assure the User that all of its software is free of spyware.

2.3. Social Networks

A User initiating a session with the Services via a Third-Party Platform account such as Facebook or Twitter, permits “LITCHI” to collect, store and access basic personal information stored on them, including their name, profile photo, gender, networks, user ID, friends list and any other information that the User has made public. However, the collection and storage of data will depend on the privacy settings that the User has set with such services.

The User facilitates access to certain basic information related to the aforementioned social network accounts, making it possible for the User to publish content from the Website on these accounts, the latter being exclusively responsible for the content published.

2.4. Warranties Regarding the Information Provided by the Users.

The User warrants that the data provided are true, accurate, complete and current, and is liable for any direct or indirect loss or damage that may occur as a result of a breach of this obligation.

If the User is a minor but more than thirteen (13) years old, please consult the Special Terms and Conditions of Use. Remember that registration of minors under thirteen (13) years of age on the Website is prohibited under any circumstances.

3. TRANSFER AND DISCLOSURE OF INFORMATION

Note: “LITCHI” does not disclose the personal information of the User, except under the restricted circumstances described below.

3.1. Information that “LITCHI” Shares with your Consent

We may share or disclose your information in accordance with your instructions, and you will be notified if personal information may be shared with third parties, allowing you to prevent this exchange.

3.2. Public Information about your Activity via the Services

Part of the activity you carry out via the Services is public by default. This may include but is not limited to content that you make public on the Website. Remember that if you decide to provide us with personal information when using certain public features of the Services, this information is controlled by the privacy settings of these features, and may be available to the public. Anyone who reads this information may use it or disclose it, beyond our control, to other people or third-party entities, and without your consent.

Therefore, we urge you to think carefully about including any specific information you consider private in the account you create as a User, or the information you use via our Services.

3.3. Social Networks

As a “LITCHI” user you may link information from your Account to certain social network services and disclose your activities and other information to your contacts. In these cases, with your permission and on your behalf, “LITCHI” will share the information in your Account with the various Third-Party Platforms. Likewise, we will receive certain information in accordance with any privacy settings you have established in your account with the relevant social network. “LITCHI” is not liable for third-party privacy settings regarding the use and disclosure of the personal information that you send to them, and we recommend that you read their respective privacy policies carefully.

3.4. Service Providers

We hire service providers to perform certain functions and provide us with services both inside and outside of the United States. We may share your personal information with these providers in accordance with the confidentiality obligations compatible with this Privacy Policy, and under the condition that third parties use your personal data exclusively for our account and in accordance with our instructions.

3.5. Links

You may access third-party services via our Services, by clicking, for example, on the links for these services found on our Website. “LITCHI” assumes no liability for the privacy policies of these third-party services, and you are responsible for reading and understanding the respective third-party privacy policies. The foregoing is in accordance with section 10 of our Terms and Conditions of Use.

3.6. Other Members (Followers)

The User may choose to connect with and follow other “LITCHI” users, which facilities the exchange of information and the sending of notices within the “LITCHI” platform. You may also be followed outside of the “LITCHI” platform if you expose and make public your identity and e-mail address on the various Third-Party Platforms and/or social networks.

3.7. Peremptory Norms and Damages

Unless otherwise established in this Privacy Policy, “LITCHI” may retain or disclose your information if deemed reasonably necessary to comply with a law, regulation or legal requirement; to ensure the security of any person; to deal with fraud, security or technical problems; or to protect the rights or property of “LITCHI” However, the provisions of this Privacy Policy are not intended to restrict any legal defence or objection you may have vis-à-vis a requirement by a third party, including a public administration, for you to disclose your information.

3.8. Transfer of Businesses

In the event that “LITCHI” is affected by a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of this situation. The provisions established in this Privacy Policy shall be applied to the information transferred to the new company.

4. SECURITY AND PROTECTION OF INFORMATION

“LITCHI” endeavours to protect the User from any modification, disclosure or unauthorized destruction of the data that it stores or from unauthorized access to them. The information from your Account shall be protected by a password for your privacy and security. Unauthorized access to your Account and personal information must be prevented by choosing and safeguarding an adequate password, and limiting access to your computer and browser.

“LITCHI” conducts reviews of its Policy on the collection and handling of data, including physical security measures, to prevent unauthorized access to its systems. It limits the access of contractors and agents to the personal information that it has to process for “LITCHI” and ensures that they comply with the strict contractual confidentiality obligations and are subject to the relevant disciplinary terms, but cannot make guarantees regarding hardware and/or software failures or other factors beyond its control and that may compromise the security of the User’s information.

5. MODIFICATION OF YOUR PERSONAL INFORMATION

If you are a registered User of the “LITCHI” Services, you will be provided with the tools and options for configuring the account for access to modify the personal information you have provided and which is associated with your Account.

You may also close your “LITCHI” account permanently. Just send a message to support@getlitchi.com from the e-mail account associated with the Account you want to delete. Your Account is deactivated, and later closed. When your Account is deactivated, it will not appear on www. getlitchi.com. Should your Account be deactivated inadvertently or by mistake, it will still be possible to reactivate it within thirty (30) days of its deactivation. After thirty (30) days have passed, the process to delete your Account from “LITCHI” systems begins.

6. POLICY REGARDING CHILDREN

“LITCHI” does not collect the identifiable personal information of children under the age of thirteen (13). If a parent or guardian learns that their child has provided personal information to “LITCHI” without their consent, he or she should contact us a privacy@getlitchi.com. If “LITCHI” realizes that a child under the age of thirteen (13) has provided personal information, this information will be deleted from its files and the minor’s User Account will be closed.

7. AMENDMENTS TO THE PRIVACY POLICY

The Privacy Policy may be revised and amended whenever this is deemed appropriate. The latest version of the Policy shall govern the use of information by “LITCHI” and will always be available at https:// getlitchi.com/legal/privacy. If this Policy is amended to an extent which, in our own judgement, is significant, you will be notified by e-mail at the address associated with your Account. By continuing to avail of or use the Services after these changes become effectives, you consent to continue to be obliged by the revised Privacy Policy. “LITCHI” will cooperate with the relevant authorities to resolve any complaint related to personal data that cannot be resolved between “LITCHI” and a user.

8. CUSTOMER SUPPORT SERVICE

To ensure transparency, clarity and simplicity with the use of the Website, “LITCHI” informs you that any suggestion, doubt or query about this Privacy Policy will be received and resolved when you contact us at support@getlitchi.com As an alternative, you may contact us at the following address:

Legal Department, Litchi
C/Principe de Vergara 206,
28002 Madrid, Spain.
TELEPHONE: +34 912 207 492

9. LEGISLATION AND JURISDICTION

This Privacy Policy shall be governed and interpreted by the laws of the United States of America, and specifically the laws of the State of Delaware, as well as the corresponding applicable regulations. Both “LITCHI” and the User undertake to submit all disputes and/or differences that may arise in relation to the interpretation, fulfilment or breach of this document to the Courts and Tribunals of the City of Dover (State of Delaware), expressly waiving any other jurisdiction that may correspond to them.