Influence
tomorrow’s fashion.
We believe together we can build a more sustainable fashion industry.
Be part of it Participate nowTechtrendr is a subsidiary of Sustalytics, founded in late 2017 with the purpose of empowering consumers within the fashion industry. At Sustalytics we believe consumer- centric supply chains is the key to lead fashion to a more sustainable industry.
Today, Sustalytics is a service platform for fashion brands & retailers that offers the use of AI and expertise to predict customer demand based on opinions gathered from real- consumers. Techtrendr is the platform through which we give consumers that real voice. Among our clients you find Tally Weijl, Arena, Broadway Fashion, and several other medium-sized fashion brands. Among our consumers, you find everyone who believes fashion industries should be more people and planet-conscious.
Help us and lead the change to a more sustainable fashion industry!There is no real “about us” – our goal is really to be “about you”.
This platform empowers consumers to express their needs and preferences on product designs
and prototypes so that the retail industry can produce only what is worth, only what YOU
want.
Many retailers and fashion companies overproduce and waste because they are actually not
able to forecast accurately what we want.
H&M was accused of burning 60 tons of unsold clothes and Burberry, Louis Vuitton or Nike to
name a few, are all facing the same problem.
The consequences of overproducing are considerable especially environmentally.
Did you know that we need 3000L/800 gallons of water just to produce
1
t-shirt?
To give you an idea, that’s the equivalent of 37 baths for 1 t-shirt!
Our endeavor is to leverage technology to offer the possibility to all of you to share your
input on products that are not yet produced and/ or not yet distributed.
Let’s not forget that the t-shirt we are wearing today travelled half-way across the globe
to get to us.
We believe that if all consumers were to participate, your influence on a large scale could have a huge positive impact on the environment.
To be fair it is not truly innovative and groundbreaking to check what people want before
producing.
It’s just that the retail industry is not leveraging it.
Netflix decided to produce ‘House of cards’ because they analyzed their users’ data and
realized that’s what people wanted and apparently, it reached up to 4.6 million viewers.
The point is to follow the same logic, we stitch the data together to understand what
consumers want so that the retail industry can become more customer centric.
Through data, we understand how customers think and behave and we make your voice have
meaning and advocate for your needs.
1. Contractual Relationship
1.1 Application of Terms. These Terms of Use ("Terms") govern your access or use of the
applications, websites (the “Websites” as defined in Section 3 below), content, products,
and
services, (the "Services," as defined below in Section 3) by Sustalytics, Inc. and its
parents,
subsidiaries, representatives, affiliates, officers and directors (collectively,
"Sustalytics").
PLEASE READ THESE TERMS CAREFULLY, AS THEY FORM A CONTRACTUAL AND LEGAL AGREEMENT BETWEEN
YOU
AND SUSTALYTICS. In these Terms, the words "including" and "include" mean "including, but
not
limited to."
1.2 Acceptance of Terms. By accessing or using the Services, you confirm your agreement to
be
bound by these Terms. If you do not agree to these Terms, you may not access or use the
Services. These Terms expressly supersede prior agreements or arrangements with you.
Sustalytics
may immediately terminate these Terms or any Services with respect to you, or generally
cease
offering or deny access to the Services or any portion thereof, at any time for any
reason.
1.3 IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL
REQUIRE YOU TO RESOLVE DISPUTES WITH SUSTALYTICS ON AN INDIVIDUAL BASIS THROUGH FINAL AND
BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE
READ
AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE
CONSEQUENCES OF THIS IMPORTANT DECISION.
1.4 Amendment of Terms. Sustalytics may amend the Terms from time to time. Amendments will
be
effective upon the posting of such updated Terms at this location or in the amended policies
or
supplemental terms on the applicable Service(s) “Effective Date”). Your continued access or
use
of the Services after such posting confirms your consent to be bound by the Terms, as
amended.
If Sustalytics changes these Terms after the date you first agreed to the Terms (or to any
subsequent changes to these Terms), you may reject any such change by providing Sustalytics
written notice of such rejection within 30 days of the date such change became effective, as
indicated in the "Effective Date” above. This written notice must be provided either (a) by
mail
or hand delivery to our registered agent for service of process, c/o Sustalytics, Inc., 66
W.
Flagler Street, #1007, Miami, Florida 33130, or (b) by email from the email address
associated
with your Account to: info@sustalytics.com. In order to be effective, the notice must
include
your full name and clearly indicate your intent to reject changes to these Terms. By
rejecting
changes, you shall discontinue your use of the Service(s).
1.5 Privacy Policy. Sustalytics’ collection and use of personal information in connection
with
the Services is described in Sustalytics' Privacy Policy located at
https://www.techtrendr.com/
2. Arbitration Agreement
2.1 Notice of Arbitration Provision. By agreeing to the Terms, you agree that you are
required
to resolve any claim that you may have against Sustalytics on an individual basis in
arbitration, as set forth in this Arbitration Agreement. This will preclude you from
bringing
any class, collective, or representative action against Sustalytics, and also preclude you
from
participating in or recovering relief under any current or future class, collective,
consolidated, or representative action brought against Sustalytics by someone else.
2.2 Agreement to Binding Arbitration Between You and Sustalytics. In the event of any
dispute,
claim, question, or disagreement arising from or relating to this agreement or the breach
thereof, the parties hereto shall use their best efforts to settle the dispute, claim,
question,
or disagreement. To this effect, they shall consult and negotiate with each other in good
faith
and, recognizing their mutual interests, attempt to reach a just and equitable solution
satisfactory to both parties. If they do not reach such solution within a period of 60 days,
then, upon notice by either party to the other, all disputes, claims, questions, or
differences
shall be finally settled by arbitration administered by the American Arbitration Association
in
accordance with the provisions of its Commercial Arbitration Rules.
Any dispute or claim arising from or relating in any way to these Terms, and your use of the
Services, will be resolved by binding arbitration, rather than in court, except that either
party may assert claims in small claims court if the claims qualify. Judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There
is
no judge or jury in arbitration, and court review of an arbitration award is limited.
However,
an arbitrator can award, on an individual basis, the same damages and relief as a court
(including injunctive and declaratory relief or statutory damages), and must interpret and
apply
the terms of these Terms just as a court would. We each agree that any dispute resolution
proceedings will be conducted only on an individual basis and not in a class, consolidated
or
representative action. If for any reason a claim proceeds in court rather than in
arbitration,
we each waive any right to a jury trial. We also both agree that You or we may bring suit in
court to seek injunctive relief for infringement or other threatened or actual violation of
intellectual property rights.
2.3 Rules and Governing Law. The arbitration will be administered by the American
Arbitration
Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules, except as
modified
by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by
calling
the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator”), and not any
federal, state, or local court or agency, shall have exclusive authority to resolve any
disputes
relating to the interpretation, applicability, enforceability or formation of this
Arbitration
Agreement, including any claim that all or any part of this Arbitration Agreement is void or
voidable. The Arbitrator shall also be responsible for determining all threshold issues,
including issues relating to whether the Terms are unconscionable or illusory and any
defense to
arbitration, including waiver, delay, laches, or estoppel. These Terms shall be governed by,
performed within, and interpreted in accordance with the laws of the State of Florida,
excluding
its choice of law provisions.
2.4 Process. A party who desires to initiate arbitration must provide the other party with a
written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form
Demand
for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at
1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney
specifically licensed to practice law in the State of Florida and will be selected by the
parties from the AAA's roster of commercial dispute arbitrators. If the parties are unable
to
agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration,
then
the AAA will appoint the Arbitrator in accordance with the AAA Rules. Payment of all filing,
administration and arbitrator fees will be governed by the AAA's rules.
2.5 Location and Procedure. You may choose to have the arbitration conducted by telephone,
based
on written submissions, or in person in Miami, Florida, or at another mutually agreed
location.
Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable
exchange of information by the parties, consistent with the expedited nature of the
arbitration.
2.6 Arbitrator's Decision. The Arbitrator will render an award within the time frame
specified
in the AAA Rules. Judgment on the arbitration award may be entered in any court having
competent
jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in
favor
of the claimant and only to the extent necessary to provide relief warranted by the
claimant's
individual claim. An Arbitrator’s decision shall be final and binding on all parties. An
Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel
effect. The prevailing party in arbitration may be entitled to an award of attorneys' fees
and
expenses, to the extent provided under applicable law.
2.7 Changes. Notwithstanding the provisions in Sections 1.4 above, regarding consent to be
bound
by amendments to these Terms, if Sustalytics changes this Arbitration Agreement after the
date
you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject
any
such change to this Arbitration Agreement by providing Sustalytics written notice of such
rejection within 30 days of the date such change became effective, as indicated in the
"Effective Date” above. This written notice must be provided either (a) by mail or hand
delivery
to our registered agent for service of process, Julie Evans, Registered Agent, Sustalytics,
Inc., 66 W. Flagler Street, #1007, Miami, Florida 33130, or (b) by email from the email
address
associated with your Account to: info@sustalytics.com. In order to be effective, the notice
must
include your full name and clearly indicate your intent to reject changes to this
Arbitration
Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute
between
you and Sustalytics in accordance with the provisions of this Arbitration Agreement as of
the
later of either (i) the date you first agreed to the Terms (or to any subsequent changes to
the
Terms) or (ii) the date you agreed to any amendment to the Arbitration Agreement. Your
failure
to provide such effective notice of rejection within the 30-day period shall be deemed to be
an
acceptance by you of the change to the Arbitration Agreement.
2.8 Severability and Survival. If any portion of this Arbitration Agreement is found to be
unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall
be
severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall
have
no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability
to
compel arbitration of any remaining claims on an individual basis pursuant to the
Arbitration
Agreement; and (iii) to the extent that any claims must therefore proceed on a class,
collective, consolidated, or representative basis, such claims must be litigated in a civil
court of competent jurisdiction and not in arbitration, and the parties agree that
litigation of
those claims shall be stayed pending the outcome of any individual claims in arbitration.
This
provision shall survive the expiration or termination of these Terms.
3. The Services
3.1 Description. The Services comprise applications and related services (each, an
"Application"), which enable users to give their opinion and/ or reviews insights. The
Services
also include websites, (collectively, the “Websites”) which (i) provide for insights and
opinions on retail products (ii) create an online community for registered users for the
purpose
of giving consumers a voice; and, (iii) allows registered users to vote and/ or review
insights.
The Services also include all of the applications accessed via single sign on through the
Websites, and all related user manuals, help facilities and other documentation.
3.2 License. Subject to your compliance with these Terms, Sustalytics grants you a limited,
personal, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i)
access
and use the Applications on your personal device solely in connection with your use of the
Services; and (ii) access and use any content, information and related materials that may be
made available through the Services. Any rights not expressly granted herein are reserved by
Sustalytics and Sustalytics' licensors.
3.3 Restrictions. You may not: (i) remove any copyright, trademark or other proprietary
notices
from any portion of the Services; (ii) reproduce, modify, prepare derivative works based
upon,
distribute, license, lease, sell, resell, transfer, publicly display, publicly perform,
transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted
by
Sustalytics; (iii) decompile, reverse engineer or disassemble the Services except as may be
permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v)
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or
otherwise data mining any portion of the Services or unduly burdening or hindering the
operation
and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access
to
or impair any aspect of the Services or its related systems or networks; or (vii) use the
Services to store or transmit material which is infringing, libelous, defamatory, tortious,
unlawful, or violates privacy rights or data security regulations.
3.4 Provision of the Services. You acknowledge that portions of the Services may be made
available under Sustalytics' various brands or request options associated with Techtrendr
including the Sustalytics application and brand currently referred to as "Sustalytics". You
also
acknowledge that the Services may be made available under such brands or request options by
or
in connection with: (i) certain of Sustalytics’ subsidiaries and affiliates.
3.5 Third-Party Services and Content. The Services may be made available or accessed in
connection with third party services and content (including advertising) that Sustalytics
does
not control. You acknowledge that different terms of use and privacy policies may apply to
your
use of such third-party services and content. Sustalytics does not endorse such third-party
services and content and in no event shall Sustalytics be responsible or liable for any
products
or services of such third-party providers. Additionally, Apple Inc., Google, Inc., and
Facebook
Inc. will be a third-party beneficiary to this contract if you access the Services using
Applications developed for Apple iOS or Android-powered mobile devices, respectively. These
third-party beneficiaries are not parties to this contract and are not responsible for the
provision or support of the Services in any manner. Your access to the Services using these
devices is subject to terms set forth in the applicable third-party beneficiary's terms of
service.
3.6 Ownership. The Services and all rights therein are and shall remain Sustalytics’
property or
the property of Sustalytics' licensors. Neither these Terms nor your use of the Services
convey
or grant to you any rights: (i) in or related to the Services except for the limited license
granted above; or (ii) to use or reference in any manner Sustalytics' company names, logos,
product and service names, trademarks or services marks or those of Sustalytics' licensors.
4. Access and Use of the Services
4.1 User Accounts. In order to use most aspects of the Services, you must register for and
maintain an active personal user Services account ("Account"). You must be at least 16 years
of
age. Account registration requires you to submit to Sustalytics certain personal
information,
such as your name, address, mobile phone number, age, and email address. You agree to
maintain
accurate, complete, and up-to-date information in your Account. Your failure to maintain
accurate, complete, and up-to-date Account information, including having an invalid or
expired
payment method on file, may result in your inability to access or use some or all of the
Services. You are responsible for all activity that occurs under your Account, and you agree
to
maintain the security and secrecy of your Account username and password at all times. Unless
otherwise permitted by Sustalytics in writing, you may only possess one Account.
4.2 User Requirements and Conduct.
4.2.1 Age Requirements; Other Restrictions. The Service is available for use by a general
audience, and is not intended for use by those under the age of 16. You may not assign or
otherwise transfer your Account to any other person or entity. You agree to comply with all
applicable laws when accessing or using the Services, and you may only access or use the
Services for lawful purposes. You may not in your access or use of the Services and
Applications
cause nuisance, annoyance, inconvenience, or property damage. In certain instances, you may
be
asked to provide proof of identity to access or use the Services, and you agree that you may
be
denied access to or use of the Services if you refuse to provide proof of identity.
4.2.2 Interaction with Third Parties Through the Services. You acknowledge and agree that
Sustalytics makes no representations and warranties with respect to the quality, value, or
availability of any services or merchandise purchased from third parties through the
Services
and Applications.
4.3 Text Messages and Telephone Calls. You agree that Sustalytics may contact you by
telephone
or text messages (including by an automatic telephone dialing system) at any of the phone
numbers provided by you or on your behalf in connection with a Sustalytics account,
including
for marketing purposes. You understand that you are not required to provide this consent as
a
condition of purchasing any property, goods or services. You also understand that you may
opt
out of receiving text messages from Sustalytics at any time, either by texting the word
“STOP”
to 3058157898 using the mobile device that is receiving the messages, or by contacting
info@sustalytics.com. If you do not choose to opt out, Sustalytics may contact you as
outlined
in its Privacy Policy, located at 66 W Flagle Street #1007 33130 Miami.
4.4 Referrals and Promotional Codes. Sustalytics may, in its sole discretion, create
referral
and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future
Services
and/or a third party’s merchandise or services, or other features or benefits related to or
accessed through the Services, subject to any additional terms that Sustalytics establishes.
You
agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a
lawful
manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to
the
general public (whether posted to a public form or otherwise), unless expressly permitted by
Sustalytics; (iii) may be disabled by Sustalytics at any time for any reason without
liability
to Sustalytics; (iv) may only be used pursuant to the specific terms that Sustalytics
establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to
your
use. Sustalytics reserves the right to withhold or deduct credits or other features or
benefits
obtained through the use of the referral system or Promo Codes by you or any other user in
the
event that Sustalytics determines or believes that the use of the referral system or use or
redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of
Sustalytics’ Terms.
4.5 User Provided Content. Sustalytics may, in Sustalytics' sole discretion, permit you from
time to time to submit, upload, publish or otherwise make available to Sustalytics through
the
Services textual, audio, and/or visual content and information, including commentary and
feedback related to the Services, initiation of support requests, and submission of entries
for
competitions and promotions ("User Content"). Any User Content provided by you remains your
property. However, by providing User Content to Sustalytics, you grant Sustalytics a
worldwide,
perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to
use, copy, modify, create derivative works of, distribute, publicly display, publicly
perform,
and otherwise exploit in any manner such User Content in all formats and distribution
channels
now known or hereafter devised (including in connection with the Services and Sustalytics'
business and on third-party sites and services), without further notice to or consent from
you,
and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User
Content or you have all rights, licenses, consents and releases necessary to grant
Sustalytics
the license to the User Content as set forth above; (ii) neither the User Content, nor your
submission, uploading, publishing or otherwise making available of such User Content, nor
Sustalytics' use of the User Content as permitted herein will infringe, misappropriate or
violate a third party's intellectual property or proprietary rights, or rights of publicity
or
privacy, or result in the violation of any applicable law or regulation; and (iii) the User
Content shall not include any advertising or marketing of products or services which are
prohibited for use or consumption of those under the age of 21.
You agree to not provide User Content that is defamatory, libelous, hateful, violent,
obscene,
pornographic, unlawful, or otherwise offensive, as determined by Sustalytics in its sole
discretion, whether or not such material may be protected by law. Sustalytics may, but shall
not
be obligated to, review, monitor, or remove User Content, at Sustalytics' sole discretion
and at
any time and for any reason, without notice to you.
4.6 Network Access and Devices. You are responsible for obtaining the data network access
necessary to use the Services. Your mobile network's data and messaging rates and fees may
apply
if you access or use the Services from your device. You are responsible for acquiring and
updating compatible hardware or devices necessary to access and use the Services and
Applications and any updates thereto. Sustalytics does not guarantee that the Services, or
any
portion thereof, will function on any particular hardware or devices. In addition, the
Services
may be subject to malfunctions and delays inherent in the use of the Internet and electronic
communications.
5. Disclaimers; Limitation of Liability; Indemnity.
5.1 DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SUSTALYTICS DISCLAIMS ALL
REPRESENTATIONS
AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS,
INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN ADDITION, SUSTALYTICS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE
REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES
AND
APPLICATION OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES AND
APPLICATIONS,
OR THAT THE SERVICES AND APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE. SUSTALYTICS DOES
NOT
GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. FURTHER,
SUSTALYTICS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING PAYMENT FOR ANY
SERVICES
OR GOODS REQUESTED THROUGH USE OF THE SERVICES AND APPLICATIONS. YOU AGREE THAT THE ENTIRE
RISK
ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION
THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW.
5.2 LIMITATION OF LIABILITY.
SUSTALYTICS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY
DAMAGE
RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES,
REGARDLESS
OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SUSTALYTICS, EVEN IF
SUSTALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUSTALYTICS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i)
YOUR
USE OF OR RELIANCE ON THE SERVICES AND APPLICATIONS OR YOUR INABILITY TO ACCESS OR USE THE
SERVICES AND APPLICATIONS ; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY
THIRD-PARTY PROVIDER, INCLUDING BUT NOT LIMITED TO THIRD PARTY PROVIDERS, EVEN IF
SUSTALYTICS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUSTALYTICS SHALL NOT BE LIABLE FOR
DELAY
OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SUSTALYTICS' REASONABLE CONTROL.
THE SERVICES AND APPLICATIONS MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES AND GOODS
PROVIDED BY THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SUSTALYTICS HAS NO RESPONSIBILITY OR
LIABILITY TO YOU RELATED TO ANY OF THE FOREGOING SERVICES PROVIDED TO YOU BY THIRD PARTY
PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER
YOUR
RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT
ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES,
IN SUCH STATES OR JURISDICTIONS, SUSTALYTICS’S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SUSTALYTICS’S CHOICE OF LAW
PROVISION
SET FORTH BELOW.
5.3 Indemnity.
You agree to indemnify and hold Sustalytics and its affiliates and their officers,
directors,
employees, and agents harmless from any and all claims, demands, losses, liabilities, and
expenses (including attorneys' fees), arising out of or in connection with: (i) your use of,
attempt to use, or inability to use the Services, Applications or other services or goods
obtained through your use of the Services and Applications; (ii) your breach or violation of
any
of these Terms; (iii) Sustalytics' use of your User Content; (iv) your violation of the
rights
of any third party, including third party providers; and (v) your use of, attempt to use, or
inability to use the goods and services of, and arising from your relationship with, the
third
party providers.
5.4 Basis of the Bargain; Failure of Essential Purpose.
You and Sustalytics acknowledge that Sustalytics has set its prices and entered into this
Agreement in reliance upon the limitations of liability, the disclaimers of warranties and
damages provisions set forth herein, and that the same form an essential basis of the
bargain
between You and Sustalytics. You and Sustalytics agree that the limitations and exclusions
of
liability and disclaimers specified in this Agreement will survive and apply even if any
limited
remedy is found to have failed of its essential purpose.
6. Other Provisions
6.1 Choice of Law.
These Terms are governed by, performed within, and construed in accordance with the laws of
the
State of Florida, U.S.A., without giving effect to any conflict of law principles, except as
may
be otherwise provided in the Arbitration Agreement above.
6.2 Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Sustalytics' designated agent. Please
visit
Sustalytics' web page at www.sustalytics.com for the designated address and additional
information.
6.3 Notice.
Sustalytics may give notice by means of a general notice on the Services, electronic mail to
your email address in your Account, telephone or text message to any phone number provided
in
connection with your account, or by written communication sent by first class mail or
pre-paid
post to any address connected with your Account. Such notice shall be deemed to have been
given
upon the expiration of 48 hours after mailing or posting (if sent by first class mail or
pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give
notice to
Sustalytics, with such notice deemed given when received by Sustalytics, at any time by
first
class mail or pre-paid post to our registered agent for service of process, Julie Evans,
Registered Agent, Sustalytics, Inc., 66 W. Flagler Street, #1007, Miami, Florida 33130.
6.4 Entire Agreement. These Terms, inclusive of any amendments or additions thereto,
constitutes
the entire agreement and sets forth the entire understanding between the parties hereto with
respect to the subject matter hereof and supersedes all prior agreements, covenants,
arrangements and discussions with respect thereto.
6.5 Severability. If any provision of these Terms is held to be unenforceable or illegal by
a
court of competent jurisdiction, such provision shall be modified to the extent necessary to
render it enforceable, or shall be severed from these Terms, and all other provisions of
these
Terms shall remain in full force and effect.
6.6 General.
You may not assign these Terms without Sustalytics' prior written approval. Sustalytics may
assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer
of
Sustalytics’ equity, business or assets; or (iii) a successor by merger. Any purported
assignment in violation of this section shall be void. No joint venture, partnership,
employment, or agency relationship exists between you, Sustalytics or any third party
provider
as a result of this Agreement or use of the Services. If any provision of these Terms is
held to
be invalid or unenforceable, such provision shall be struck and the remaining provisions
shall
be enforced to the fullest extent under law. Sustalytics' failure to enforce any right or
provision in these Terms shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Sustalytics in writing. This provision shall not affect the
Severability and Survivability section of the Arbitration Agreement of these Terms.
Rev. 191016
This statement of the privacy policy (“Privacy Policy”) of Sustalytics, Inc., (“Sustalytics”) is intended to provide you the user (“You”) of the Sustalytics websites located at www.sustalytics.com and www.techtrendr.com (“Websites”), applications, content, products, and services (collectively, with the Websites the "Services,") the following information:
Sustalytics is the sole owner of the information collected on the Services. The Services include the website, portal and applications accessible through www.techtrendr.com which enable users to give their opinion on products. Techtrendr also creates an online community for registered users for the purpose of giving consumers a voice; and allows registered users to engage and give their opinions multiple times.
The Services also includes the Sustalytics platform and website located at www.sustalytics.com which (i) enables uploading of pictures and surveys structure (ii) provides reporting. The Services also include all of the applications accessed via single sign on through the Websites, and all related user manuals, help facilities and other documentation.
The Services are intended for a general audience. In order to access the core functionality of the Services, You must register for and maintain an active personal user Services account ("Account"). You must be at least 13 years of age to obtain an Account.
Sustalytics collects certain information from our users at several different points on our Services, such as your name, city or postal code, age, gender. We will not sell, share, or rent Personal Data to others in ways different from what is disclosed in this Privacy Policy.
Sustalytics uses your Personal Data to (1) operate and improve our Services; (2) respond to inquiries and provide support; (3) communicate with You about verification, promotions, updates, and other news about us and our Services and our partners; (4) link or combine it with information we receive from third parties to help us understand your preferences and needs and to personalize content; (5) perform our obligations; (6) marketing and other legitimate business purposes. As Sustalytics further develops, we may buy other businesses or their assets or sell our business or assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that Sustalytics sells all or substantially all of its assets are acquired, customer information, including any Personal Data and visitor information collected through the Services would be one of the transferred assets, unless You opt out of such transfer of your personal information by sending an email to info@sustalytics.com with the following subject title “DONOTSELLMYPERSONALINFORMATION”.
We use information relating to your posts about products and images, as well as Your comments and posts relating to the posts and comments of others relating to products and Partners for data analytics purposes.
Sustalytics reserves the right but not the obligation to disclose Personal Data in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Sustalytics’ rights or property, other visitors, or anyone else that could be harmed by such activities. Sustalytics also reserves the right to disclose Personal Data when we believe in good faith that the law requires it.
In order to communicate with Sustalytics through the Services (e.g., through use of the “Contact” or “Send Us a Message” links) concerning Sustalytics’ Services, a user must first provide contact information (such as name and email address). This information is used to contact the user about the products and services for which they have expressed interest.
Geolocation capabilities in the user’s mobile device must also be enabled to access and use some of the features of the Services. You must explicitly grant permission to Sustalytics to use the geolocation capabilities of the device through an interactive dialogue in the app. To prevent location data from being shared, You may deny permission to use the geolocation capabilities.
Such information which we collect will be used in accordance with the terms of this Privacy Policy.
We use "cookies" to collect website usage data and to improve our Websites. A cookie is a small data file that our Websites place in your web browser. Cookie data may expire, and they may remain in your browser until such time as they are automatically deleted by the browser or through direct action using the browser settings. Our Websites may use cookies to provide us with insights on how You interact with our Websites, to monitor aggregate usage data and web traffic on the Website, and to improve the user experience on our Websites.
You can adjust your browser options to disable and remove cookies or to prompt You before accepting a cookie from the websites You visit. Please note that if You delete or disable cookies from our Websites, You may not experience all of its features.
Users of our Services are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether they should proceed with Services that require an outside party, or not. We share Personal Data with our contractors, such as web and server hosting companies to the extent necessary to provide the Services and under the terms of written agreement which require them to process and use the Personal Data solely for the purpose of assisting us in providing the Services.
“Partners” are defined as the third party fashion and beauty brands and retailers (“Partners”) who provide Sustalytics with discount codes to share with users of our Services. The discount codes themselves, when, as and if we provide them to you, do not contain any personally identifiable information. A user may apply these discount codes when making purchases on our Partners’ ecommerce sites, which have their own respective terms of use, privacy policies and data collection practices, for which Sustalytics is not responsible. When the discount codes are used on the Partners ecommerce sites, these third party sites may collect personal data at which time your personal data may be linked to a discount code.
We will share aggregated demographic information with our Partners and affiliated websites. This is not linked to any personal information that can identify any individual person. In order to improve the features and usability of our Services, we may utilize analytics services from Google. We enable the functions of Google Analytics by sharing analytic data from Sustalytics sites. The information we derive from Google Analytics may be used to send You relevant content, suggest new features, products, and/or services that can enhance your experience with our Services. Any information maintained in aggregate is anonymized to ensure an individual cannot be identified.
We may partner with other parties to provide specific services to support our business such as web hosting and other technical services providers. We will share names, contact and other information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
You agree that the information which is collected by your social media services providers, public sources, and other third parties with whom we share information are subject to the privacy policies of such service providers. The privacy practices of such third parties are broadly consistent with this Privacy Policy. You agree that Sustalytics shall not have any liability to You for the privacy practices of those service providers.
NOTICE TO CALIFORNIA RESIDENTS – If You are a California resident, California law permits You to request and obtain from us once a year, free of charge, whether we have disclosed your Personal Data to third parties for a business purpose in the last 12 months and if so, a list of the third parties to whom we have disclosed your Personal Data (if any) for a business purpose in the prior calendar year, as well as a list of the categories of Personal Data disclosed to those third parties. You may send your request to info@sustalytics.com.
We do not share Personal Data with third parties for their own direct marketing purposes without your prior consent. Accordingly, You can prevent disclosure of your personal data to third parties for their direct marketing purposes by withholding consent. We do not collect, sell or share
Personal Data of users whom we have actual knowledge are under the age of 13. If we discover that we have collected such information, we will delete it. You also have the right to have your Personal Data deleted. Be advised that our Services do not respond to the Do Not Track feature on your web browser. You may exercise this right by submitting your request to info@sustalytics.com If your Personal Data is deleted, we may not be able to provide You with Services.
We recognize your preferences to choose which forms of communications You receive from us, how You manage your information and how You set your sharing preferences. You may opt-out of receiving our promotional emails by following the “unsubscribe” instructions in those emails. Please note that if You opt-out of receiving such promotional emails, we may continue to send You non-promotional emails, including emails about your account.
From time-to-time our site may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Services.
We retain Personal Data for so long as is reasonably required to fulfill the purposes for which such data was collected and to perform our obligations associated with that data.
We exercise reasonable precautions to protect your Personal Data and when required or appropriate, we obtain written assurances from our third party technology providers that they also implement reasonable safeguards to protect your Personal Data.
We take reasonable precautions to protect our users’ information. When users submit sensitive information via our Websites, your information is protected both online and off-line.
When our registration/order form asks users to enter sensitive information, that information is encrypted and is protected with the industry standard Secure Socket Layer (SSL) encryption software. While on a secure page, such as our order form, the lock icon in the address window of most Web browsers appears locked, as opposed to un-locked, or open, when You are visiting an unsecured web page. To learn more about SSL, follow this link https://en.wikipedia.org/wiki/Transport_Layer_Security.
If You have any questions about the security of our Services, You can send an email to info@sustalytics.com
In order for the Services to properly function, it may be necessary for us to supplement the information we receive with information from 3rd party sources. We may also group this information into aggregate user data in order to describe the use of the Services to our affiliates, existing or potential business partners or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify You or any other users of the Services.
We send all new users a welcoming email to verify password and username. Established users will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users, we present the option to not receive these types of communications. Please see our choice and opt-out section below.
We also send the user site and service announcement updates. Users are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
If a user’s personally identifiable information changes, or if a user no longer desires our Services, we will endeavor to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the user account page or by emailing our Customer Support at info@sustalytics.com or by sending a written request to Sustalytics, Inc. Attention: Privacy Officer, 66 W. Flagler Street, #1007, Miami, Florida 33130.
Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site at the point where we ask for the information. For example, our account sign-up form has an ‘opt-out’ mechanism so users who subscribe to Services from us, but don’t want any marketing material, can keep their email address off of our lists.
Users who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email or email us at info@sustalytics.com or by sending a written request to Sustalytics, Inc., Attention: Privacy Officer, 66 W. Flagler Street, #1007, Miami, Florida 33130.
If we decide to change our privacy policy, we will post those changes on our Websites so our users are always aware of what information we collect, how we use it, and under which circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an update to this Privacy Policy. This Privacy Policy may be revised from time to time by Sustalytics. The revised Privacy Policy will be posted by Sustalytics on the Websites as it becomes available. Please review the Privacy Policy periodically as it is applicable to all users of the Services. You hereby agree to review at first opportunity any modification or revision to the Privacy Policy and You further agree to be bound by any modification or revision of the Privacy Policy made by Sustalytics. We will use information in accordance with the privacy policy under which the information was collected.
This section applies if You are a user of the Services in the EU (reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, to the extent applicable, Switzerland). Sustalytics exercises commercially reasonable efforts inclusive of recommended technical and organizational measures to comply with the GDPR.
Data Controller. Sustalytics is the data controller for Personal Data that we collect from or about You, but we act as a data processor for Personal Data provided or otherwise made available to us by certain third parties, including Insurers and Sponsors, through the Services, which we process on those third parties’ behalf pursuant to our contracts with the applicable third party.
Your Rights. Subject to applicable EU law, You have the following rights in relation to your Personal Data:
Right to Be Informed. You have the right to be informed of how we use your Personal Data, where that data will be processed, how long we plan to hold on to the data and the details of your rights under the GDPR.
Right of Access. If You request, we will confirm whether we are controlling or processing your Personal Data and, if so, provide You with a copy of that Personal Data.
Right to Rectification. If your Personal Data is inaccurate or incomplete, You are entitled to request that we correct or complete it. If we have shared your Personal Data with others, we will tell them about the correction where possible. If You ask us, and where possible and lawful to do so, we will also tell You with whom we shared your Personal Data so You may contact them directly.
Right to Erasure (“Right to be Forgotten”). You may ask us to delete or remove your Personal Data. If we’ve shared your data with others, we will tell them about the erasure where possible, unless it requires a disproportionate effort. If You ask us, and where possible and lawful to do so, we will also tell You with whom we shared your Personal Data so You may contact them directly.
Right to Restrict Processing. You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where You contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell You before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible, unless it requires a disproportionate effort. If You ask us, and where possible and lawful to do so, and unless it requires a disproportionate effort, we will also tell You with whom we shared your Personal Data so You may contact them directly. Right to Data Portability. You have the right to obtain your Personal Data from us. We will give You your Personal Data in a structured, commonly used and machine readable format.
Right to Object. You may ask us at any time to stop processing your Personal Data and profiling You for direct marketing purposes. If we are processing your Personal Data for other purposes, we will stop upon your request unless we have compelling legitimate grounds for the processing which override Your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Right to Not Be Subject to Automated Decision Making and Profiling. You have the right to refuse the automated processing of your Personal Data to make decisions about You if such decisions significantly affect You or if they produce legal effects.
To exercise these rights, You may contact us at info@sustalytics.com or by mail at Sustalytics, Inc., Attention: Privacy Officer, 66 W. Flagler Street, #1007, Miami, Florida 33130with their request.
If You are accessing or using the Services from outside of the United States, You expressly acknowledge and agree that your Personal Data and other information will be processed in the United States and other third countries. Privacy and data security laws may be less stringent than or otherwise different from the laws in effect in your country of residence. You expressly agree to the processing of your Personal Data and other information in accordance with this Privacy Policy. If You are using the Services from the EU, your Personal Data will be processed and transferred to the United States in accordance with the Privacy Shield Principles as explained below.
This cookie policy ("Policy") describes what cookies are and how and they're being used by the techtrendr.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Policy is a legally binding agreement between you ("User", "you" or "your") and Sustalytics ("Sustalytics", "we", "us" or "our"). You should read this Policy so you can understand the types of cookies we use, the information we collect using cookies and how that information is used. It also describes the choices available to you regarding accepting or declining the use of cookies. For further information on how we use, store and keep your personal data secure, see our Privacy Policy.
We believe together we can build a more sustainable fashion industry.
Be part of it Participate nowTechtrendr is a platform that gives consumers a real voice to build a more sustainable fashion industry. We believe in empowering consumers to create a zero waste supply chains.
This way fashion brands avoid producing huge quantities for nothing.Coline, France
I like to think that my choices will influence some marketing decisions.Sara, Italy
You can also share your story, your feedback on why you feel it’s important by writing to info@sustalytics.com.
We will be happy to publish your testimonial (even with your picture if you want!)