We at Octopus Software are dedicated to protecting the personal information of our users, whether you’re just an unregistered visitor or a contributor to our dynamic Platform. To help you understand what kinds of information we collect, and your rights to that information, we have prepared this Privacy Notice. Please feel free to contact us if you have any questions related to your personal information and how it’s handled.

1. What kinds of information do we collect?

The kinds of information we collect from you will vary based on how you use our services. We will collect this information either automatically or because you have chosen to provide it to us.

a. Account and profile information

When you create an account and a profile with us, we will require that you provide us with a username and your email. You, however, may choose to provide additional information for your publicly accessible ‘user profile.’ This information includes a description of up to 1000 characters, your height, your arm length, your twitter handle, your Facebook page, and your YouTube channel. Moreover, should you choose to interact with pages found on our website, such as ‘Climbing Gyms’ or ‘Outdoor Areas’, then your profile will also include an activity log. The activity log includes ‘ticks,’ statistics analyzing your activity, and routes that you have suggested to fellow users. For more information about what information is publicly displayed, see the section below about Your choices.

b. Content

We collect and store information and content that you post on our website, including videos, pictures, and comments. Unless you have posted your content in a special ‘Personal Gym,’ the content will be publicly available to anyone viewing our site, including unregistered visitors. Please understand that this information could be indexed by search engines.

In addition, it is important that you understand that you may choose to provide content that contains information about your religious views, racial or ethnic origin, political views, or your health. This and other information (such as philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country. We will never require you to provide this information, and will only process it because you have chosen to upload it and make it publicly available to other users.

c. Automatically collected information about your activity

When you visit our Platform, our servers may automatically log the standard data provided by your web browser. This may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details. We also receive information when you view content on or otherwise interact with pages on our website, even if you have not created an account. For more information, please read our Cookie Policy.

d. Communications

When you communicate with us (via email, phone, through our website, or otherwise), we may maintain a record of your communication.

e. Collecting information from third-party service providers

You may choose to sign in to the Rockclimbr Platform using a third party, such as Facebook. If you elect to do so, we will receive certain profile information about you from the provider, such as your Facebook account details.

In addition, when interfacing with our Platform, you may have the opportunity to interact with Google Maps to better understand the location of rock-climbing obstacles. When doing so, you will be asked if you would like to share your ‘current location.’ You are under no obligation to provide this information and we will only process it with your consent.

2. How we use your information

We will use the information that we collect for the following purposes:

Service provision - To provide you the services we offer on the Rockclimbr Platform, communicate with you about your use of the Rockclimbr Platform, respond to your inquiries, provide troubleshooting, and for other customer service purposes.

Personalization - To tailor the content and information that we may send or display to you in the Rockclimbr Platform and to offer location customization. For example, if we detect that you are visiting from Japan, our Rockclimbr Platform will be made available in Japanese.

Analytics - To gather metrics to better understand how users access and use the Rockclimbr Platform; to evaluate and improve the Rockclimbr Platform, including the provision of our advertisements and personalization, and to develop new services. The information that we share is extremely limited, and never includes your content.

Comply with the law - To comply with legal obligations, as part of our general business operations, and for other business administration purposes.

Prevent misuse - To investigate, prevent or take action where we believe necessary regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of use, or this Privacy notice.

3. How we share your information with third parties

Your content and activity - First and foremost, Rockclimbr is a platform that connects rock-climbing enthusiasts from around the world, enabling them to share stories, videos, and pictures, and to otherwise comment on rock climbing. To achieve this goal, any content that you have shared, including videos, photos, comments, or biographic descriptions, will be available to be viewed publicly. Availability extends to non-registered visitors and users may share your content across other sites or services. In addition, your content may be indexed by search engines. See the section below about Your choices for information about how you may change how certain information is shared or viewed by others.

Business transfers - We may disclose or transfer information, including personal information, as part of any merger, sale, and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event.

Service providers - We may share your information with a very limited group of third-party service providers – and only when it is necessary for us to provide our service. For example, we may share information with internet service providers, auditors, advisors, and consultants. Critically, we do not share your personal information with advertisers. In order to guarantee the integrity of your personal information, we only offer non-personalized ads – ads that are not influenced by your personal information.

Protection of rights - We may disclose information when we believe it necessary to respond to claims asserted against us, comply with some legal process (e.g., subpoenas or warrants), enforce or administer our agreement, for fraud prevention, risk assessment, investigation, and to protect the rights, property or safety of Octopus Software, its users, or others.

Legally required - We may disclose your information if we are required to do so by law.

Mailgun’s privacy policy

4. Cookies

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of information that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. Please refer to our Cookie policy for more information.

5. Third-Party Cookies: Google Maps, YouTube, and Facebook

We do not directly share any information with third parties, except as described above. However, in some circumstances we permit Google Maps, YouTube, and Facebook to track your activity on our Platform. We do this so that we may provide you with imbedded Google Maps, imbedded YouTube videos, and the option to log in to our Platform using your Facebook account. We do not have control over the information that Google Maps, YouTube, or Facebook collects or have access to it. Google—which owns Google Maps and YouTube—and Facebook each have their own privacy policies which we encourage you to read. The links for these policies can be found below:

Google’s privacy policy

Facebook’s information policy

6. How we protect your information

The security of your information is important to us. Octopus Software has implemented safeguards to protect the information we collect. However, no website or internet transmission is completely secure. We urge you to take steps to keep your personal information safe, such as choosing a strong password and keeping it private, as well as logging out of your user account, and closing your web browser when you finish using the Rockclimbr Platform on a shared or unsecured device.

7. Access and amend your information

You may update or correct your account information at any time by logging in to your account and making adjustments to your “Account Settings” or “User Profile.” You may also contact us in order to request that we amend or delete your information.

8. Your choices

In order to protect your privacy, we offer you a number of options that you can choose from should you decide to share your content. You may, for example, choose to post your content on publicly accessible Climbing Gyms or you may choose not to share any information at all. How you interact with our Platform, and whether other users can view your content is up to you. We have included an outline of your options below:

Climbing gyms, outdoor areas, problems and routes - At the heart of the Rockclimbr Platform is our use of three types of publicly accessible pages: Climbing Gyms, Outdoor Areas, and Problems and Routes. These are user-created pages that enable users to provide an analysis of their rock-climbing adventures and can include videos, comments, photos, and ratings from other users who visit the page. Anyone can browse a list of all of these pages, and visit them. They can view the username of the creator as well as the username of any registered members who have commented, or otherwise interacted, with the pages. Usernames are automatically linked to their respective ‘user profile’ and therefore a visitor will be able to see any information it contains. In particular, please note that any content that you share in Outdoor Areas can be downloaded by visitors to our Platform.

Personal Gyms - In order to maximize your privacy, we allow users to create ‘Personal Gyms.’ Similar to ordinary Gyms, a Personal Gym also has the added feature of only being accessible by users who the creator of the Personal Gym has invited. A Personal Gym is therefore not accessible via our Platform’s search feature, or otherwise accessible by unregistered members or by registered members that the creator has not invited.

User Profile - You can change the credentials that are displayed in your user profile at any time. However, you may not change your username.

Account deletion - Your account may be deleted at any time without condition.

Cookies - Cookies are described in our Cookie policy; you may eliminate or prohibit the use of cookies. Certain cookies that are essential for the operation of our website, however, can only be prohibited if you adjust your browser settings.

9. What are the legal grounds for our processing of your personal information?

When we use your information, we rely on a number of legal grounds to justify processing it. As we outline below, there are four such grounds that we rely on.

Contract

Our primary justification for processing your information is because it is necessary for us to fulfill our contract with you. This basis for processing your information is strictly limited to what is necessary to provide the services found in our Terms of use and those that you have requested from us. For example, you may choose to post information in our “Climbing Gyms” or otherwise interact with users from around the world as described above in the section titled Your choices. When you do so, it is necessary for us to share your information publicly with other users, even when they live in foreign countries.

Legitimate interest

We also rely on our legitimate interest to process your information, so long as it doesn’t conflict with your privacy rights. This means we must have a specific and necessary reason for processing your information that does not excessively intrude into your privacy rights. Our specific reasons include:

  • We must process information, such as your username, email, and other information related to your user account, in anticipation that you will seek to request services from us and to otherwise manage your account. This processing is necessary in order to organize your information and to allow you to log back on to our Platform and interact with the content that you have posted.
  • We must process information that enables us to conduct internal marketing research, including logs of how users have interacted with content and our Platform’s various pages. This is necessary as it allows us to facilitate our website’s development, and to otherwise improve the way we provide our services to you.
  • We must process your information in order to manage our relationship with you, including when you mail us questions or comments. This is necessary in order for us to process any requests, or to resolve any issues, related to your relationship with Octopus Software.
  • We must process your information, in conjunction with our services, to display content you choose to post, share, upload, or otherwise make available on the Rockclimbr Platform. This is necessary as it enables us to provide our services.
  • We must process your information, such as your choice of language or location preferences, to best customize how you interact with the Rockclimbr Platform. This is necessary as it enables us to provide more attractive and accessible services to our users.
  • We must process your information to enforce our Platform’s Terms of use. This is necessary as it enables us to fulfill the expectations of our users.
  • We must process your information in order to enable certain third-party service providers, such as our lawyers or accountants, to assist us in the operation and provision of our services. This is necessary for the continued compliance of our Platform with relevant legal and operational requirements.
  • We must process your information in the event that Octopus Software is subject to any legal claim and to comply with laws and regulations. This is necessary in order for Octopus Software to defend itself and to otherwise avoid any disruptions to its services.
  • We must process your information in the event that Octopus Software is the subject of any merger, acquisition, assignment, restructuring, or transfer of any portion of our business. This is necessary as it enables Octopus Software to maintain its financial viability.

We seek to minimize our intrusion into your privacy rights by completely prohibiting targeted ads and by providing you with the power to deactivate various cookies, such as those used by Google Analytics. We also anonymize our information collection, meaning it is extremely difficult to identify the source of the information. You may object to our use of your information as described below in the section titled Your rights to your information.

Legal obligation

Should the need arise, we will process information on account of any legal obligations we have. For example, this could occur if subpoenaed or otherwise compelled to cooperate with local authorities.

Consent

If necessary, we will also rely on your express consent to process information. This may happen, for example, when we seek to email you our newsletter. Moreover, we rely on your consent to permit certain cookies as described in our Cookie policy. If you initially provided your consent, you may withdraw it at any time by visiting your “Account Settings.”

10. Children’s privacy

We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. In addition, if you are a resident of the EU, you must be at least 16 years old to use our Platform. To this end, EU residents must confirm their age before creating an account. If we learn that an EU resident misrepresented their age we will delete their account.

11. Links to other websites

The Rockclimbr Platform may contain links to third-party sites or online services. We are not responsible for the practices of such third parties, whose information practices are subject to their own policies and procedures, not to this Privacy notice.

12. Where we store your personal information

We use your information globally, as our Platform is accessible by residents of countries from around the world. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes described in this Policy. These transfers are necessary to provide the services set out in the Terms of use and to globally operate and provide our services to you.

In order to protect the integrity of your information, we use Google Cloud, which is certified under the EU-US Privacy Shield, to host our domain. To learn more about how Google LLC protects your information, please visit its EU-US privacy shield site. In addition, when necessary, we will utilize standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for information transfers to the United States and other countries.

13. What happens if our business is transferred, bought, or goes bankrupt?

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include information among the assets transferred to any parties who acquire us.

14. How long do you maintain information?

Rockclimbr is a Platform that enables you to share your user content with other users from around the world. In order for us to provide this service, we store your information, including your user profile, e-mail, and uploaded content, until you delete your account. You may, however, request that we delete your information at any time. This can be done by either e-mailing us or by manually deleting your own information when interfacing with our Platform.

15. How will you revise this policy?

We will occasionally update this Privacy Notice to reflect company and user feedback. We strongly encourage you to periodically review this Privacy Notice to be informed of how we protect and use your information.

16. Your rights to your information

Please read the following table carefully. If you are a resident of the EU, it outlines your rights to your information. If you are a resident of a non-EU state, we will nonetheless make an effort to provide you with the same rights to personal information that EU residents possess.

Legal right What Octopus Software does to protect your rights
The right to be informed Octopus Software is publishing this Privacy notice to keep you informed as to what we do with your personal information. We strive to be transparent about how we use your information.
The right to access You have the right to access your information. Please email info@rockclimbr.com if you wish to access the personal information Octopus Software holds about you.
The right to rectification If the information Octopus Software holds about you is inaccurate or not complete, you have the right to ask us to rectify it. If that information has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the information. Please email info@rockclimbr.com if you need us to rectify your information.
The right to erasure This is sometimes called ‘the right to be forgotten.’ If you want Octopus Software to erase all your personal information and we do not have a legal reason to continue to process and hold it, please contact us at info@rockclimbr.com.
The right to restrict processing You have the right to ask Octopus Software to restrict how we process your information. This means we are permitted to store the information but not further process it. If you want us to restrict the processing of your information, please contact us at info@rockclimbr.com.
The right to information portability Octopus Software must allow you to obtain and reuse your personal information for your own purposes in a safe and secure way without this affecting the usability of your information. This right only applies to information that we hold by virtue of consent or for the performance of a contract. If you would like to obtain your information, please contact us at info@rockclimbr.com.
The right to object You have the right to object to Octopus Software processing your information even if it is based on our legitimate interests. If you wish to object please contact us at info@rockclimbr.com.
The right to withdraw consent If you have given us your consent to process your information but change your mind later, you have the right to withdraw your consent at any time, and Octopus Software must stop processing your information. If you want to withdraw your consent, please contact us at info@rockclimbr.com. We also provide you with the ability to manually withdraw consent in your “Account settings” page.

17. Do not track settings

Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a website should respond to this signal, and we do not take any action in response to this signal. Instead, we offer you the choices described in this Policy to manage the collection and use of information about you.

18. How can you contact us?

If you have any questions or comments about this Privacy notice, or otherwise related to how we protect your personal information, please contact us as at info@rockclimbr.com.

19. Data controller

The address of the controller of your personal information (data) is:

Octopus Software LLC
1 Winsor Place
Bloomfield, NJ, 07003
USA

This policy is effective as of May 5, 2019.