This policy will explain how Crystal Meth Anonymous (“CMA”) uses the personal data that we collect from you when you use the CMA App (the “App”)..
What data we collect.
CMA collects your first name, last initial, email address and sobriety date when you register for the App. We also store the private communications that you generate when using the Circles feature on the App and the preferences that you set while using the App. These are maintained on AWS servers with industry leading encryption. Your billing information is not collected by CMA but rather is passed on to a third party billing company. Your name, email address, billing address and payment details are all collected. If you choose to subscribe, this information is maintained according to industry leading encryption practices to fulfill your continuing subscription.
How do we collect your data?
You provide the data that the App stores. When you give the App permission to access your location information, that information is used to locate meetings close to you and is not otherwise stored or recorded for any other use. We do not collect any other information about you while using the App or in the background of your device. We collect data and process that data when you register for the App, provide feedback to us by email, save preferences in the App, and send and receive messages through the Circles feature in the App. We do not collect any other data about you from any other sources.
How will we use your data?
CMA stores your data so that we can manage your account and keep your preferences and communications available for you when you use the App. We may also use your contact information to communicate with you via email in case of a lost password or issue with the App. We will never share your data with any third party or outside organization. We will never sell your data or use it to offer you any other services or offers outside of CMA. We use the data you provided to fulfill payments if you have a subscription.
How do we store your data?
CMA securely stores your encrypted data with Amazon World Services on an encrypted server. CMA will keep your data stored safely while you use the App. We will store your data for two years if your account is inactive and we will erase all of your data once an account is closed.
We will never send you any information about products or services other than those directly related to the functioning of the App. (Updates, new features, etc.) By using the App, you agree to receive these non-marketing communications.
What are your data protection rights?
CMA wants to make sure that you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request CMA for copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that CMA correct any information that you believe is inaccurate. You also have the right to request that CMA provide you with complete information you believe is incomplete.
The right to erasure – You have the right to request that CMA erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that CMA restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to CMA’s processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that CMA transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we will endeavor to respond promptly, but for some users it may take up to 30 days. If you would like to exercise any of these rights, please contact us at our email: email@example.com
Or write to us at: CMA General Services, 1920 Hillhurst Ave #1315 Los Angeles, CA 90027
Email us at: firstname.lastname@example.org
Or write to us at: CMA General Services, 1920 Hillhurst Ave #1315 Los Angeles, CA 90027
(i) You must not, and must not permit any third party to, copy or adapt the object code of the App, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the App, or circumvent or attempt to circumvent the App for any other purpose than its stated purpose.
(ii) You must not use the App to upload, post, store, transmit, display, copy, distribute, make available, continue to make available or otherwise communicate to other users:
- any content that is abusive, libelous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in CMA’s reasonable discretion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the App or servers or networks forming part of, or connected to, the App, or which does or might restrict or inhibit any other user’s use and enjoyment of the App; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
(iii) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
(iv) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person, or sending messages or making comments using the name of another person.
(v) You must not stalk, exploit, threaten, abuse or otherwise harass another user.
(vi) You must not use or attempt to use another person’s account, password, or other information, unless you have express permission from that other person.
(xv) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
Any and all text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, or make available to or via the App (hereinafter “Your Content”) is generated, owned and controlled solely by you, and not by CMA.
CMA does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
By uploading, storing, transmitting, or making available to or via the App Your Content. you grant CMA a non-exclusive, revocable license to use Your Content for the sole purpose of enabling the functionality of the App.
Representations and warranties
You hereby represent and warrant to CMA as follows:
(i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use.
(ii) Your Content and the availability thereof on the App does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of privacy or publicity, or rights in confidential information.
(iii) Your Content, including any comments that you may post on the App, is not and will not be unlawful, abusive, libelous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
(iv) Your Content does not and will not create any liability on the part of CMA, its volunteers, directors, and officers. CMA reserves the right to remove Your Content, suspend or terminate your access to the App and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.
Liability for content
You hereby acknowledge and agree that CMA (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the App, and to the extent permissible by law, CMA excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto.
CMA and its volunteers, directors, and officers hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the App by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the App. By using the App, you irrevocably waive the right to assert any claim with respect to any of the foregoing against CMA or any of its volunteers, contractors, directors, or officers.
Blocking and removal of content
Please also note that individual users have control over the content that they store in their respective accounts, and may remove any or all content without notice. You have no right of continued access to any particular item of content and CMA shall have no liability in the event that you are unable to access an item of content due to its removal from the App, whether by CMA or the relevant user.
If we receive a valid notification from a third party in accordance with our reporting processes that your behavior violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their account terminated forthwith.
THE CMA APP IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE APP, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. CMA DOES NOT WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE APP OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CMA DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE APP WILL BE SECURE OR THAT ANY ELEMENTS OF THE APP DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE APP IS LAWFUL IN ANY PARTICULAR JURISDICTION.
CMA AND ITS VOLUNTEERS, CONTRACTORS, DIRECTORS, AND OFFICERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL CMA’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 EURO OR THE AMOUNTS (IF ANY) PAID BY YOU TO CMA DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
CMA AND ITS VOLUNTEERS, CONTRACTORS, DIRECTORS, AND OFFICERS SHALL HAVE NO LIABILITY FOR:
- ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE APP OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE APP;
(B) ANY CHANGES THAT CMA MAY MAKE TO THE APP OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE APP OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(D) ANY ERRORS OR OMISSIONS IN THE APP’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(E) YOUR FAILURE TO PROVIDE CMA WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
(F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE APP, ESPECIALLY IN BREACH OF THE AGREEMENT;
- ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE APP MUST BE NOTIFIED TO CMA AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CMA AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND CMA, AND THAT CMA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend and hold harmless CMA, its volunteers, contractors, directors, and officers, from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent..
Data protection, privacy and cookies
Changes to the App, accounts and pricing
CMA reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the App or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, CMA shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that CMA and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that CMA may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
CMA may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its features from time to time. In the event of any increase in the price or material reduction in the features which you have purchased, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where CMA proposes to make changes to any type of Subscription you have purchased, and these changes are material and to your disadvantage, CMA will notify you of the proposed changes by sending a message to your CMA® account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the App following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your Subscription.
You may terminate this Agreement at any time by sending notice in writing to CMA at CMA General Services, 4470 W Sunset Blvd Ste 107 PMB 555 Los Angeles CA 90027 confirming such termination, by removing all of Your Content from your account, or by deleting your account and thereafter by ceasing to use the App. If you have a Subscription, and terminate this Agreement before the end of such Subscription, we are unable to offer any refund for any unexpired period of your Subscription.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by CMA, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as CMA assumes no liability for any material that is irretrievably deleted following any termination of your account.
Applicable law and jurisdiction
Except where otherwise required by the mandatory law of the United States or any member state of the European Union
(i) this Agreement is subject to the laws of California, and;
(ii) you hereby agree, and CMA agrees, to submit to the exclusive jurisdiction of the courts in
Los Angeles, California for resolution of any dispute, action or proceeding arising in connection with this Agreement.