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TOS
Terms of Use

Welcome to Infitnium! You (occasionally referred to as the “User”) are reading these

Terms of Use (the “Terms”) because you are using Trans-Tech, Inc.’s mobile fitness Platform,

Infitnium (the “Platform”). You may access the Platform through a computer, mobile phone, tablet,

console or other technology, which shall be referred to herein collectively as a “Device.” Normal

rates and fees will apply to your Device for which Trans-Tech, Inc. is not responsible. By

downloading, using and participating in the Platform, you expressly agree to the following terms

and conditions:

​

Terms. These Terms create a legally binding agreement between you and Trans-Tech, Inc.

and its affiliates (which may be collectively referred to as “Trans-Tech, Inc.,” “we,” “us,” or “our”)

regarding your use of the Platform.

​

Our Terms may change. We may update these Terms from time to time. If a material

change is made, we will post a notice on the Platform or send you a notification. Read through any

changes, and if you do not agree with the changes, please discontinue use of the Platform. If you

continue to use the Platform after we notify you of changes, you will be deemed to have accepted

the updated Terms, except to the extent prohibited by applicable law in your jurisdiction.

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Privacy Policy. Infitnium may occasionally collect certain personal information and data

on and from you. Our Privacy Policy, which can be accessed Here, describes how we keep your

personal date safe and secure.

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Terms of Sale. Infitnium may act as a virtual store front for certain goods for sale through

on the Platform. Since Infitnium does not process payments and is not responsible for the

condition, safety, of merchantability of any product or good for sale, any issues, disagreements,

or disputes as to the sale or merchandise are governed by Third Party vendor Terms of Use, Privacy

Policies, and Terms of Sale. Please be sure to read these terms and policies of any Third Party we

may use for convenience on our Platform.

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International Use. This Platform, as it currently exists, is intended only for use in the

continental United States, including Alaska and Hawaii. This Platform is currently not intended

for use in any other jurisdiction or territory outside of the continental United States as defined

above. However, since it is possible for those outside of this express geographic area to download

and access the Platform, users outside of that express intended geographic region may be limited

in their use and scope of the Platform and hereby waive any and all jurisdiction specific rights

international users may be entitled to. IF YOU ARE AN INTERNATIONAL USER AND DO

NOT AGREE TO WAIVE THESE RIGHTS, THEN YOU SHOULD DISCONTINUE USE OF

THE PLATFORM. IF YOU ARE AN INTERNATIONAL USER AND CHOOSE TO

CONTINUE TO USE THIS PLATFORM, THEN, TO THE MAXIMUM EXTENT

ALLOWABLE BY LAW, YOU HEREBY WAIVE AND DISLCAIM ANY AND ALL

JURISDICATIONAL SPECICIFC RIGHTS YOU MAY HAVE AND AGREE TO RELEASE

AND HOLD HARMLESS TRANS-TECH, INC. FOR ANY AND ALL CLAIMS THAT MAY

ARISE THROUGH YOUR USE OF THE PLATFORM. YOU FURTHER AGREE THAT ALL

2 DISPUTES SURROUNDING USE OF THIS PLATFORM SHALL BE GOVEREND BY THE

LAWS OF THE STATE OF NEW YORK IN THE UNITED STATES.

​

PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE

USING ANY TRANS-TECH, INC. PLATFORM.

​

1. Rules for Use

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You are only eligible to use the Platform if you are over the age of eighteen (18) or, if

under the age of eighteen (18), with consent from your parent or legal guardian. You are

responsible for keeping your personal account information credentials secure, including, but not

limited to, your username and password, and all other information which may be used to personally

identify you. You are responsible for informing Trans-Tech, Inc. of any unauthorized use of your

Infitnium account. You are solely responsible for any acts which may occur using your Infitnium

account, regardless of whether you granted permission for the act, or not. TO THE MAXIMUM

EXTENT ALLOWED UNDER APPLICABLE LAW, TRANS-TECH, INC. IS NOT

RESPONSIBLE FOR ANY LOSS, HARM OR ACTIVITY THAT RESULTS FROM THE

UNAUTHORIZED USE OF YOUR PERSONAL ACCOUNT.

​

2. Content Ownership.

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All of the content on our Platform, including, but not limited to, text, software, scripts,

codes, designs, graphics, photos, sounds, music, videos, interactive features, articles, news, general

artwork, original content, and any other content (the “Content” or “Platform Content”) is owned

by Trans-Tech, Inc. and is protected by copyright, trademark, patent, and all other applicable laws.

Trans-Tech, Inc. reserves all rights described herein and reserves all additional rights not expressly

described in these Terms. All trademarks, service marks, copyrights, and patents are owned,

registered and/or licensed by Trans-Tech, Inc., and shall be hereafter referred to as Trans-Tech,

Inc.’s “Intellectual Property.”

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You do not acquire a license or any other ownership right or interest to any Intellectual

Property of Trans-Tech, Inc. through access or use of the Platform. You will not delete or alter any

ownership notices from Content on the Platform, and you will not “attempt” to do the same. You

are granted a limited, personal, non-transferable, non-assignable, and non-sublicensable license to

use and access the Platform and its Content. This license may be altered or revoked by Trans-Tech,

Inc. at any time for any reason. You will use Intellectual Property only for its intended use and for

such period as Trans-Tech, Inc. maintains the Platform and allows User access to the Platform.

You may only access and use the Platform in connection with your individual needs and may not

use or access the Platform for any other purpose, or for a Commercial Purpose.

​

Trans-Tech, Inc. reserves the right to take down or remove any Content which violates

these Terms and/or Trans-Tech, Inc.’s Intellectual Property rights. You agree not to use, copy,

edit, translate, display, distribute, download, transmit, sell, or create derivative products of any

Platform Content, or of any Content which is the Intellectual Property of Trans-Tech, Inc., without

the prior written consent of Trans-Tech, Inc. Unauthorized use of Content may constitute a breach

of copyright, trademark, patent, or other intellectual property laws and may subject the breaching

User to criminal and/or civil charges and penalties.

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3. Posting Content on Platform.

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Some features of the Platform will allow the User to post photos, videos, comments, and

other content, which will be referred to as “User Content.” Trans-Tech, Inc. is not responsible for

User Content posted to the Platform by other users. User Content is owned solely by the individual

who posted said User Content or by whomever licensed said content to the individual which posted

the User Content from that users account.

​

User agrees and understands that any comments, feedback, or ideas User sends to

Trans-Tech, Inc. is provided on a non-confidential basis and you grant Trans-Tech, Inc. a

perpetual, assignable, royalty-free, sub-licensable worldwide license to use all comments,

feedback, or ideas you may share with us without notice, compensation, or

acknowledgement, for any purpose whatsoever, including, but not limited to, commercial

purposes.

​

When you post User Content to the Platform, you represent and warrant as follows:

You have the right to post User Content which you have, will, or are posting to the

Platform. You grant Trans-Tech, Inc. a non-exclusive, perpetual, assignable, sub-licensable,

royalty-free, worldwide license to use User Content that you post on or in connection with

the Platform, including the likeness of any person that appears in the User Content, or any

concepts or ideas contained in the User Content, for any purpose, including Commercial use,

which includes the right to translate, display, reproduce, modify, create derivative works

from, sublicense, distribute and assign these rights. Trans-Tech, Inc. will monitor User

Content and reserves the right to remove User Content for any reason at any time.

You understand that removed or deleted User Content may remain in Trans-Tech,

Inc.’s systems and on the Platform to the extent your User Content has been made public or

shared with other users who have not removed or deleted it, unless User or any individual

depicted in User Content requests removal, deletion, or blocking in accordance with

applicable law.

​

4. Platform Code of Conduct.

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You will not post User Content which contains nudity, profanity, drugs, alcohol, or any

illegal act or substance on the Platform. You will not post any User Content which contains

software viruses, programs or other computer code which would damage, disengage, or in any way

modify the Platform. You will not use any data mining, robots, scraping, or other data collection

methods on the Platform. User acknowledges that the Platform is a public place and that you

SHOULD NOT post User Content containing personal identification information such as, and

including, but not limited to, Passwords, Social Security Numbers, Addresses, Phone Numbers,

and Names. If you choose to post personal identification information, you do so at your own risk

and expressly release Trans-Tech, Inc., its partners, officers, shareholders, heirs, assigns, affiliates,

vendors and independent contractors from any and all liability in connection with the posting or

up-loading of personal identification information to the Platform.

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You will not post or up-load advertisements, solicitations, or other commercial content to

the Platform, nor shall you accept payment from a third-party to post or up-load advertisements,

solicitations, or other commercial activities to the Platform. You will not collect or solicit personal

information from other users or send unsolicited notifications to other users. You will not use

automated technology to interact with the Platform and you will not impersonate any employee or

officer of Trans-Tech, Inc. for any reason. User will not impersonate any sports figure, celebrity,

or other organization on the Platform.

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You will respect other users of the Platform and will not harass, pester, discriminate,

belittle, or demean other users in any way, for any reason, and on any basis. You understand that

violating the User Code of Conduct may result in your being permanently removed and banned

from the Platform in addition to any other legal remedy which may exist and which Trans-Tech,

Inc. reserves the right to assert now and in the future.

​

5. Copyright Infringement.

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If you believe that your work has been illegally copied to the Platform in such a way as to constitute

infringement, please provide the following information to Trans-Tech, Inc.:

  • Name, address, phone number, email address, and an electronic or physical signature of the Copyright owner or the same for the authorized representative or legal counsel for the Copyright owner;

  • A description of the copyrighted material/content you believe has been improperly posted constituting infringement;

  • A description of where the copyrighted material exists on the Platform;

  • A written statement asserting that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement made under penalty of perjury (in accordance with jurisdictional statutes for penalties for unsworn falsification) the above information in the notice is true and accurate to the best of you information, knowledge, and belief and that you are the Copyright owner or authorized agent of the copyright owner.

 

Send copyright infringement complaints to:

Legal Department (Copyright)

219 East 81st Street, Apt. 1-H

New York, NY 10028

​

6. Partner on Platform.

​

Trans-Tech, Inc. may link or partner with third-party websites, social media platforms, mobile

apps, and other products and services (“Third-Parties”). You may be able to connect with these

Third Parties through the Platform, but this does not mean that Trans-Tech, Inc. endorses,

monitors, or has any control over those Third-Party actions, content, and web presence more

generally. These Third-Party websites, social media platforms, mobile apps, and other products

are subject to separate terms of use and a separate privacy policy. Please read and review any

Third-Party terms of use in addition to any Third-Party privacy policy before use of any Third-

Party platform or other medium. Trans-Tech, Inc. is no way responsible for the content, policies,

or activities of any potential Third-Party partner or link, and User understands and agrees that you

interact with these Third-Party partners and links at your own risk.

​

7. DISCLAIMERS.

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The Platform may include content and features that promote and instruct on physical

activity plans, nutrition plans, or general wellness plans. This content is for informational purposes

only and is not intended to take the place of or supersede medical advice and services. The content

on this Platform should not be relied on for medical diagnostics or for medical treatment purposes.

You understand that any physical activity plan, routine, or exercise session may involve the risk

of injury, and you represent and warrant that you are in sound medical condition and have not been

advised against physical activity or physical training by a medical professional. The Platform

should not be relied on as a medical service or for medical advice and you understand that you

should seek immediate medical attention for any condition or injuries you may currently have and

further agree and understand that you should never delay in seeking medical advice or treatment

due to something that has been posted to the Platform.

​

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TRANS-TECH,

INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY

EXPERIENCE OR SUSTAIN FROM USE OF, OR INABLILITY TO USE, THE FEATURES

ON THE PLATFORM. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW,

TRANS-TECH, INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES, DMAGES,

OR HARM CAUSED BY THIRD-PARTIES, INDEPENDENT CONTRACTORS, TRAINERS,

VENDORS, OR OTHER NON-EMPLOYEES OF TRANS-TECH, INC. IN CONJUNCTION

WITH YOUR USE OF THE PLATFORM.

​

To the maximum extent allowed by applicable law, Trans-Tech, Inc. is not responsible for

User interactions with other users of the Platform or for any harm or damages that may result from

interactions and experiences with other users. You understand and acknowledge that Trans-Tech,

Inc. cannot guaranty your safety and health and that you must use your best judgment when

deciding to interact or meet with any individual or organization through the Platform. Trans-Tech,

Inc. is under no obligation to become involved with User disputes but reserves the right to do so

should it choose to.

​

User understands and acknowledges that the Platform, Content, and materials and products

on the Platform are provided “AS IS.” Trans-Tech, Inc. in no way warrants or represents that any

information on the Platform is accurate, useful, reliable or otherwise. TO THE MAXIMUM

EXTENT OF APPLICABLE LAW, TRANS-TECH, INC. IS NOT RESPONSIBLE OR LIABLE

FOR ANY USER CONTENT POSTED ON THE PLATFORM.

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Trans-Tech, Inc. does not guarantee that the Platform will be error free, that any defects

will be corrected, or that the Platform is free from viruses, malware, or any other source of harm.

TRANS-TECH, INC., TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE

LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE

PLATFORM, PLATFORM CONTENT, USER CONTENT, AND ANY OTHER PRODUCT OR

SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE PLATFORM, INCLUDING,

BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

​

You understand and acknowledge that you are solely responsible and liable for any

damage to your Device resulting from accessing the Platform to the extent that applicable law

does not provide otherwise. Trans-Tech, Inc. does not guarantee you will see, achieve, or

otherwise obtain any results from the use of the Platform.

​

8. Termination.

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Trans-Tech, Inc. may modify or terminate any Trans-Tech, Inc. Platform, member program,

product or service without notice at any time. Trans-Tech, Inc. may terminate or suspend your

account, delete your profile or any of your User Content, and restrict your use of all or any part of

the Platform at any time and for any reason without any liability to or on Trans-Tech, Inc., subject

to applicable law. You understand and agree that some of your User Content, in particular that

which is displayed in an activity feed or in another public place within the Platform, may continue

to appear publicly even after your account is terminated, subject to your right to have your User

Content removed upon request in accordance with applicable law. You understand and

acknowledge that these Terms will remain in effect even after your account is terminated or you

have stopped using the Platform.

​

9. Indemnification and Limitation of Liability.

​

User agrees to indemnify, defend, and hold harmless Trans-Tech, Inc., its officers,

shareholders, employees, agents, directors, licensors and suppliers (the Trans-Tech, Inc. Parties”)

from and against all claims, losses, liabilities, expenses, damages and costs, including, without

limitation, attorney’s fees, arising from or relating in any way to your User Content, your use of

Content, your use of the Platform, your conduct in connection with the use of the Platform or with

other Platform Users, or any violation of these Terms of Use, any law, or the rights of any Third

Party.

​

You, on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and

forever release and discharge Trans-Tech, Inc. and all of the Trans-Tech, Inc. Parties from any and

all claims or causes of action you may have for damages relating in any way to the use of the

Platform. None of the Trans-Tech, Inc. Parties will be liable for any direct, indirect or

consequential damages, including without limitation for any lost profits or lost data, that result

from the use of, or the inability to use, the Platform or the performance of the products purchased

through the Platform or the conduct of other Platform users (whether online or offline), or

attendance at a Trans-Tech, Inc. event or Trans-Tech, Inc. Parties event, or any User Content or

any other activity in connection with the use of the Platform, even if Trans-Tech, Inc. has been

advised of the possibility of such damages.

​

You assume total responsibility for your use of the Platform. Your only remedy against

Trans-Tech, Inc. in connection with any alleged damages arising from your use of the Platform or

any Content of or on the Platform is to stop using the Platform. If Trans-Tech, Inc. is found to be

liable to you for any damage or loss which is in any way connected with your use of the Platform,

Platform Content, or User Content, Trans-Tech, Inc.’s liability shall not exceed U.S. $100.00.

10. Application Marketplaces.

​

User acknowledges that the agreement contemplated by these Terms of Use is between

User and Trans-Tech, Inc. only, and not with the application marketplace where you downloaded

Trans-Tech, Inc.’s Infitnium application (e.g. for iOS users, the App Store operated by Apple, Inc.

or for Android users, the Google Play store operated by Google, Inc.).

​

11. Disputes.

​

You agree that this Platform is a passive platform solely based in Manhattan, New York

City, United States, which does not give rise to personal jurisdiction over Trans-Tech, Inc. in

jurisdictions other than the City and State of New York. You agree that the Platform, Terms of

Use, Privacy Policy and any dispute between User and Trans-Tech, Inc. shall be governed by New

York law without regard to choice of law provisions.

​

Except where expressly prohibited by applicable law, and without limitation to any

statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or

indirectly arising out of or relating to the Platform shall and will be resolved individually, without

resort to any form of class action, and exclusively through the State and Federal Courts of

Manhattan Borough, New York City, New York. All Claims shall and will be brought within one

(1) year after the claim arises, except to the extent a longer period is required by law.

​

12. Electronic Communications.

​

By using the Platform, you agree to receive certain electronic communications from Trans-Tech,

Inc., subject to applicable law. You agree that any notice, agreement, disclosure or other

communication that Trans-Tech, Inc. sends to you will satisfy any legal communication

requirements, including that such communications be in writing.

​

13. Miscellaneous.

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You agree that these Terms represent the entire understanding and agreement between you

and Trans-Tech, Inc. regarding your use of the Infitnium Platform. Trans-Tech, Inc. may assign or

transfer its rights and duties under these Terms to any party at any time without notice to User,

unless notice to User is required by applicable law, but this will not affect your rights or Trans-

Tech, Inc.’s obligations under these Terms. Any failure or delay of Trans-Tech, Inc. to enforce

strict performance under these Terms is not a waiver of any of these Terms or Trans-Tech, Inc.’s

rights. You expressly waive the doctrine of contra proferentem and agree that you have fully read,

understand, and agree to be bound these Terms of Use. Should any provision of these Terms be

held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect

and shall be enforceable against User.

EULA
End-User License Agreement

1 INFITNIUM END-USER LICENSE AGREEMENT Last Updated: August 26, 2020 PLEASE READ THIS END-USER LICENSE AGREEMENT (THE “AGREEMENT”) IN ITS ENTIRETY PRIOR TO AGREEING TO ITS TERMS AND CONDITIONS AND PRIOR TO USING THE INFITNIUM APPLICATION. IF YOU DO NOT AGREE WITH ITS TERMS AND CONDITIONS, PLEASE UN-INSTALL AND DISCONTINUE USE OF THE APPLICATION.

 

Definitions:

 

The words set forth below, as used in this Agreement, shall be defined as follows regardless of whether they appear in the singular or plural form of the word:

 

1. “Agreement” means, this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

 

2. “Application” means the software program provided by the Company downloaded by You through an Application Store's account to a Device, named Infitnium.

 

3. “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.

 

4. “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) means Trans-Tech, Inc., 219 East 81st Street, Apt. 1-H, New York, NY 10028.

 

5. “Content” means text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

 

6. “Country” means The United States of America.

 

7. “Device” means any device that can access the Application such as a computer, a cellphone or a digital tablet.

 

8. “Third-Party Services” means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application. 2

 

9. “You” means the individual accessing or using the Application, or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

 

10. “User” means the individual accessing or using the Application, or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

 

ACKNOWLEDGEMENT:

 

By clicking into, downloading, or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download or use the Application. This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company. This Agreement is between You and the Company only and not with any third-party Application Store. Therefore, the Company is solely responsible for the Application and its Content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third-party beneficiary relating to your use of the Application. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement and the Application’s Terms of Use and Privacy Policy which are incorporated herein by reference.

 

GRANT OF LICENSE:

 

The Company grants You a revocable, non-exclusive, non-transferable, non-assignable, limited license to download, install and use the Application solely in accordance with the terms of this Agreement and in accordance with the Application’s Terms of Use and Privacy Policy which can be accessed at https://www.infitnium.com (Terms of Use) and at https://www.infitnium.com (Privacy Policy). You may only use the Application on a Device that You own and control and as permitted by the Company’s and Application Store’s terms and conditions. The license that is granted to You by the Company is solely for personal, non-commercial purposes strictly in accordance with the terms of this Agreement and the abovementioned Terms of Use and Privacy Policy for the Application.

 

RESTRICTIONS ON LICENSE:

 

You agree not to do any of the following, and further agree that you will prohibit others from doing any of the acts listed below:

 

1. Licensing, selling, renting, leasing, assigning, distributing, transmitting, hosting, outsourcing, disclosing or otherwise commercially exploiting the Application in any way or making the Application available to any third-party who is not the intended User. 3

 

2. Copying or using the Application for any purpose other than as permitted under the above section titled, “Grant of License.”

 

3. Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

 

4. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.

 

CONTENT:

 

The Company is not responsible for the entries, information or Content of the Application's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

 

1. Unlawful or promoting unlawful activity.

 

2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

 

3. Spam, machine or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

 

4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

 

5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

 

6. Impersonating any person or entity including the Company and its employees or representatives or spokespersons.

 

7. Violating the privacy of any third person.

 

8. False information and features.  

 

9. Anything that would violate the Application’s Terms of Use or Privacy Policy.

 

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, the Terms of Use, and Privacy Policy of the Application, or to refuse to or remove any Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Application if You post such objectionable Content.

 

As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use or viewing of any content.

 

INTELLECTUAL PROPERTY:

 

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company. The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third-party intellectual property rights.

 

USER SUGGESTIONS:

 

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company. The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

 

MODIFICATIONS TO THE APPLICATION:

 

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

 

UPDATES:

 

The Company may from time to time provide enhancements or improvements to the features or functionality of the Application, which may include patches, bug fixes, updates, upgrades and 5 other modifications. Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You, or (iii) notify you of its intent to update or modify the Application. You further agree that all updates or any other modifications will be deemed to constitute an integral part of the Application, and subject to the terms and conditions of this Agreement and the Terms of Use and Privacy Policy of the Application.

 

MAINTENANCE AND SUPPORT:

 

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.

 

THIRD-PARTY SERVICES:

 

The Application may display, include, or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services. You acknowledge and agree that the Company shall not be responsible for any ThirdParty Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services. You must comply with the applicable Third Parties' terms of agreement when using the Application. Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.

 

PRIVACY POLICY: The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy, which can be viewed at https://www.infitnium.com By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of the Infitnium Privacy Policy.

 

TERM OF AGREEMENT: This Agreement shall remain in effect until terminated by the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer. Upon termination of this Agreement, You shall cease all use of the 6 Application and delete all copies of the Application from your Device. Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of a breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

 

INDEMNIFICATION: You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, independent contractors, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (i) use of the Application; (ii) violation of this Agreement or any law or regulation; or (iii) violation of any right of a third party.

 

NO WARRANTY:

 

THE APPLICATION IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.

 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

 

WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE APPLICATION, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE APPLICATION; OR (IV) THAT THE APPLICATION, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR 7 ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. TO THE EXTENT ANY WARRANTY EXISTS UNDER LAW THAT CANNOT BE DISCLAIMED, THE COMPANY, NOT THE APPLICATION STORE, SHALL BE SOLELY RESPONSIBLE FOR SUCH WARRANTY.

 

LIMITATION OF LIABILITY:

 

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.

 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

 

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

 

SEVERABILITY:

 

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 8

 

WAIVER:

 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

 

PRODUCT CLAIMS:

 

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

 

UNITED STATES LEGAL COMPLIANCE:

 

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

GOVERNING LAW: This Agreement shall be exclusively governed by the laws of the State of New York without regards to its conflicts of laws rules.

 

ENTIRE AGREEMENT:

 

The Agreement, in conjunction with and including the Terms of Use and Privacy Policy incorporated herein by reference, constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

 

INTERNATIONAL USE:

 

The Application is currently intended for use solely within the United States, including Hawaii and Alaska. Any international use of this Application is currently not supported by the Company or any third-party Application Store.

 

INTERNATIONAL USERS MAY HAVE JURISDICTION SPECIFIC RIGHTS THAT ARE NOT CONTEMPLATED BY THIS AGREEMENT. TO THE MAXIMUM EXTENT 9 APPLICABLE BY LAW, THE COMPANY EXPRESSLY DISCLAIMS AND WAIVES ANY LIABILITY ASSOCIATED WITH THE USE OF THE APPLICATION OUTSIDE OF THE ABOVEMENTIONED SPECIFICALLY ENUMERATED GEOGRAPHIC REGION OF THE UNITED STATES, ALASKA, AND HAWAII. ANY INTERNATIONAL USE OF THIS PRODUCT OUTSIDE OF THE EXPRESSLY ENUMERATED GEOGRAPHIC AREA IS DONE SO AT THE USERS OWN RISK. ANY INTERNATIONAL USER EXPRESSLY AGREES TO THIS LIMITATION AND WAIVER OF LIABILITY SHOULD THEY CHOOSE TO CONTINUE USING THE APPLICATION. ANY INTERNATIONAL USER WHO DOES NOT AGREE TO THESE TERMS AND CONDITIONS AS WELL AS THE TERMS OF USE AND PRIVACY POLICY SHOULD IMMEDIATELY DELETE AND DISCONTINUE USE OF THE APPLICATION.

 

CONTACT:

 

If you have any questions about this Agreement, You can contact us:

By Email: fiaschettinick@gmail.com

By visiting our website at: www.infitnium.com

Privacy
Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure

of Your information when You use the Platform and tells You about Your privacy rights and

how the law protects You. We use Your Personal data to provide analytics and improve the

Platform. By using the Platform, You agree to the collection and use of information in

accordance with this Privacy Policy.

​

Definitions

​

For the purposes of this Privacy Policy, the following words defined below shall have the same

meaning regardless of whether they appear in their singular or plural forms and as they appear in

this Privacy Policy shall have the following meanings:

​

“You” means the individual accessing or using the Service, or the company, or other legal entity

on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR

(General Data Protection Regulation), You can be referred to as the Data Subject or as the User

as you are the individual using the Service.

​

“Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement)

refers to Trans-Tech, Inc., 219 East 81st Street, Apt. 1-H, New York, NY 10028. For the purpose

of the GDPR, the Company is the Data Controller.

​

“Application” means the software program provided by the Company downloaded by You on

any electronic device, named Infitnium.

​

“Affiliate” means an entity that controls, is controlled by or is under common control with a

party, where "control" means ownership of 50% or more of the shares, equity interest or other

securities entitled to vote for election of directors or other managing authority.

​

“Account” means a unique account created for You to access our Service or parts of our

Service.

​

“Service” refers to the Application.

​

“Country” refers to: New York, United States.

​

“Service Provider” means any natural or legal person who processes the data on behalf of the

Company. It refers to third-party companies or individuals employed by the Company to

facilitate the Service, to provide the Service on behalf of the Company, to perform services

related to the Service or to assist the Company in analyzing how the Service is used. For the

purpose of the GDPR, Service Providers are considered Data Processors.

“Third-party Social Media Service” refers to any website or any social network website

through which a User can log in or create an account to use the Service.

​

“Personal Data” is any information that relates to an identified or identifiable individual. For

the purposes for GDPR, Personal Data means any information relating to You such as a name, an

identification number, location data, online identifier or to one or more factors specific to the

physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of

the CCPA, Personal Data means any information that identifies, relates to, describes or is

capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

​

“Device” means any device that can access the Service such as a computer, a cellphone or a

digital tablet.

​

“Usage Data” refers to data collected automatically, either generated by the use of the Service or

from the Service infrastructure itself (for example, the duration of a page visit).

​

“Data Controller,” for the purposes of the GDPR (General Data Protection Regulation), refers

to the Company as the legal person which alone or jointly with others determines the purposes

and means of the processing of Personal Data.

​

“Do Not Track” (DNT) is a concept that has been promoted by US regulatory authorities, in

particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and

implement a mechanism for allowing internet users to control the tracking of their online

activities across websites.

​

“Business,” for the purpose of the CCPA (California Consumer Privacy Act), refers to the

Company as the legal entity that collects Consumers' personal information and determines the

purposes and means of the processing of Consumers' personal information, or on behalf of which

such information is collected and that alone, or jointly with others, determines the purposes and

means of the processing of consumers' personal information, that does business in the State of

California.

​

“Consumer,” for the purpose of the CCPA (California Consumer Privacy Act), means a natural

person who is a California resident. A resident, as defined in the law, includes (1) every

individual who is in the USA for other than a temporary or transitory purpose, and (2) every

individual who is domiciled in the USA who is outside the USA for a temporary or transitory

purpose.

​

“Sale,” for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting,

releasing, disclosing, disseminating, making available, transferring, or otherwise communicating

orally, in writing, or by electronic or other means, a Consumer's Personal information to another

business or a third party for monetary or other valuable consideration.

Collection and Use of Personal Data

While using the Platform, the following data may/will be collected from You. This data may

include certain information known as personally identifiable information. Such personally

identifiable information may include, but is not limited to, the following information from the

following classes of Users:

​

Personal Data:

​

Individual Users:

  • Email address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • Geographic Location

  • Gender

  • Usage Data

  • Personal Trainers:

  • Email Address

  • First name and last name

  • Phone Number

  • Address, State, Province, Zip/Postal code, City

  • Google Calendar

  • Work Experience

  • Licenses and Certifications

  • Geographic Location

  • Gender

​

Usage Data:

​

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP

address), browser type, browser version, the pages of our Service that You visit, the time and

date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic

data.

​

When You access the Service by or through a mobile device, We may collect certain information

automatically, including, but not limited to, the type of mobile device You use, Your mobile

device unique ID, the IP address of Your mobile device, Your mobile operating system, the type

of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or

when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services:

The Company allows You to create an account and log in to use the Service through the

following Third-party Social Media Services:

​

  • Google

  • Facebook

  • Twitter

​​

If You decide to register through or otherwise grant us access to a Third-Party Social Media

Service, We may collect Personal data that is already associated with Your Third-Party Social

Media Service's account, such as Your name, Your email address, Your activities or Your

contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your

Third-Party Social Media Service's account. If You choose to provide such information and

Personal Data, during registration or otherwise, You are giving the Company permission to use,

share, and store it in a manner consistent with this Privacy Policy.

Information Collected while Using the Platform:

​

While using Our Application, in order to provide features of Our Application, We may collect,

with your prior permission:

​

  • Information regarding your location

  • Information from your Device's phone book (contacts list)

  • Pictures and other information from your Device's camera and photo library

​​

We use this information to provide features of Our Service, to improve and customize Our

Service. The information may be uploaded to the Company's servers and/or a Service Provider's

server or it be simply stored on Your device.

​

You can enable or disable access to this information at any time, through Your Device settings.

Use of Personal Data

​

The Company may use Personal Data for the following purposes:

​

  • To provide and maintain our Service, including to monitor the usage of our Service.

  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us. The Company may share your Personal Data in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to advertise on third party websites to You after You visited our Service, for payment processing, to contact You.

  • For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.

  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

  • With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third- Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Personal Data

​

The Company will retain Your Personal Data only for as long as is necessary for the purposes set

out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to

comply with our legal obligations (for example, if we are required to retain your data to comply

with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally

retained for a shorter period of time, except when this data is used to strengthen the security or to

improve the functionality of Our Service, or We are legally obligated to retain this data for

longer time periods.

​

Transfer of Personal Data

​

Your information, including Personal Data, is processed at the Company's operating offices and

in any other places where the parties involved in the processing are located. It means that this

information may be transferred to — and maintained on — computers located outside of Your

state, province, country or other governmental jurisdiction where the data protection laws may

differ than those from Your jurisdiction.

​

Your consent to this Privacy Policy followed by Your submission of such information represents

Your agreement to that transfer.

​

The Company will take all steps reasonably necessary to ensure that Your data is treated securely

and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place

to an organization or a country unless there are adequate controls in place including the security

of Your data and other personal information.

​

Disclosure of Personal Data

​

Disclosure of User Personal Data will only occur in the following circumstances:

​

1. Business Transactions: If the Company is involved in a merger, acquisition or asset

sale, Your Personal Data may be transferred. We will provide notice before Your

Personal Data is transferred and becomes subject to a different Privacy Policy.

​

2. Law Enforcement: Under certain circumstances, the Company may be required to

disclose Your Personal Data if required to do so by law or in response to valid requests

by public authorities (e.g. a court or a government agency).

​

3. Other legal requirements: The Company may disclose Your Personal Data in the good

faith belief that such action is necessary to:

​

  • Comply with a legal obligation

  • Protect and defend the rights or property of the Company

  • Prevent or investigate possible wrongdoing in connection with the Service

  • Protect the personal safety of Users of the Service or the public

  • Protect against legal liability

​​

Security of Personal Data

​

The security of Your Personal Data is important to Us, but remember that no method of

transmission over the Internet, or method of electronic storage is 100% secure. While We strive

to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its

absolute security.

​

Detailed Information on the Processing of Personal Data

​

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf

and are obligated not to disclose or use it for any other purpose.

​

Analytics

​

We May use the following third-party service providers to monitor and analyze use of our

Service:

​

Background Checks

Prior to allowing any trainers to use the Infitnium Platform, We will require background checks.

In order to facilitate these background checks we will be using Accurate Background Check, Inc.

For more information on the privacy practices of Accurate Background Check, Inc. please visit:

https://www.accuratebackgroundcheck.com/privacy-policy

​

Email Marketing

​

We may use Your Personal Data to contact You with newsletters, marketing or promotional

materials and other information that may be of interest to You. You may opt-out of receiving

any, or all, of these communications from Us by following the unsubscribe link or instructions

provided in any email We send or by contacting Us.

We may use the following email marketing service providers to manage and send You email

notifications:

​

  • Mailgun: Mailgun is an email marketing sending service provided by Mailgun Technologies, Inc.

​

For more information on the privacy practices of Mailgun, please visit their privacy

policy at: https://www.mailgun.com/privacy-policy/

SMS Notifications

​

The Platform may send you SMS notifications from time-to-time. The Platform will use the

following third-party service providers to send any SMS notifications that may be sent:

​

  • Twilio: Twilio, Inc. is a technology service provider specializing, in part, in SMS notifications for business entities.

​

For more information on the privacy practices of Twilio their privacy policy can be found

here: https://www.twilio.com/legal/privacy

​

Third-Party distributors

​

The Platform will be available on certain third-party platforms for download and/or purchase for

distribution purposes. If you use Apple, Inc. products, the Platform will be available through

Apple, Inc.’s app store.

​

Apple Inc.’s App store privacy policy can be viewed here:

​

https://www.apple.com/legal/privacy/en-ww/

​

If you use Samsung’s Android platform, the Platform will be available for download from the

Google Play store. There privacy policy can be found here:

​

https://play.google.com/about/privacy-security-deception/

​

Cloud Based Services

​

The Platform will use Amazon Web Services (AWS) for cloud-based services. Amazon’s AWS

privacy policy can be found here: https://aws.amazon.com/privacy/

AWS terms of use can be viewed here: https://aws.amazon.com/service-terms/

​

Payments

​

We may provide paid products and/or services within the Platform. In that case, we may use

third-party services for payment processing (e.g. payment processors).

​

We will not store or collect Your payment card details. That information is provided directly to

Our third-party payment processors whose use of Your personal information is governed by their

privacy policy and terms of use.

​

These payment processors adhere to the standards set by PCI-DSS as managed by the PCI

Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American

Express and Discover. PCI-DSS requirements help ensure the secure handling of payment

information.

​

 

GDPR Privacy

​

Legal Basis for Processing Personal Data under GDPR

​

This Platform is, currently, intended for use only within the territories and jurisdictions of the

continental United States including Alaska and Hawaii. This Platform is not at this time intended

for use outside of the abovementioned geographic region. Since it may be possible for

individuals outside of the expressly mentioned geographic area to download and use the

Platform, those outside of the continental United States, as defined above, agree to use the

Platform subject to this disclaimer and agree that We may process personal data under the

following conditions:

​

  • Consent: You have given Your consent for processing Personal Data for one or more specific purposes.

  • Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

Legal obligations: Processing Personal Data is necessary for compliance with a legal

obligation to which the Company is subject.

​

  • Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.

  • Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.

  • Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

​

In any case, the Company will gladly help to clarify the specific legal basis that applies to the

processing, and in particular whether the provision of Personal Data is a statutory or contractual

requirement, or a requirement necessary to enter into a contract.

​

Rights under the GDPR

​

This Platform, as it currently exists, is intended only for use in the continental United States,

including Alaska and Hawaii. This Platform is currently not intended for use in any other

jurisdiction or territory besides the continental United States as defined above. However, since it

is possible for those outside of this geographic area to download and access the Platform, users

outside of that express intended geographic region may have the following rights under the

GDPR:

​

  • Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.

  • Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.

  • Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.

  • Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.

  • Request the transfer of Your Personal Data. We will provide to You, or to a thirdparty You have chosen, Your Personal Data in a structured, commonly used, machine13 readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

  • Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

​

Exercising GDPR Data Rights

​

This Platform is currently only intended for use in the continental United States, including

Alaska and Hawaii. The Platform is not currently intended for use outside of this express

geographic area. However, since it is possible for certain individuals outside of this express

geographic to area to download and view the Platform, you may have the option to exercise your

rights as follows:

​

You may exercise Your rights of access, rectification, cancellation and opposition by contacting

Us. Please note that we may ask You to verify Your identity before responding to such requests.

If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of

Your Personal Data.

​

For more information, if You are in the European Economic Area (EEA), please contact Your

local data protection authority in the EEA.

​

CCPA Privacy

​

Rights under the CCPA

​

If you are a resident of California you have certain additional rights under California law which

are made a part of this Privacy Policy as follows:

​

  • The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.

  • The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party's direct marketing purposes.

  • The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by visiting our "Do Not Sell My Personal Information" section or web page.

  • The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:

  • The categories of Personal Data collected

  • The sources from which the Personal Data was collected

  • The business or commercial purpose for collecting or selling the Personal Data

  • Categories of third parties with whom We share Personal Data

  • The specific pieces of Personal Data we collected about You

  • The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months.

  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer's rights, including by:

  • Denying goods or services to You

  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties

  • Providing a different level or quality of goods or services to You

  • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

​

Exercising Your CCPA Data Protection Rights

​

In order to exercise any of Your rights under the CCPA, and if you are a California resident, You

can email or call us or visit our "Do Not Sell My Personal Information" section or web page.

The Company will disclose and deliver the required information free of charge within 45 days of

receiving Your verifiable request. The time period to provide the required information may be

extended once by an additional 45 days when reasonably necessary and with prior notice.

Do Not Sell My Personal Information

​

We do not sell personal information. However, the Service Providers we partner with (for

example, our advertising partners) may use technology on the Service that "sells" personal

information as defined by the CCPA law.

​

If you wish to opt out of the use of your personal information for interest-based advertising

purposes and these potential sales as defined under CCPA law, you may do so by following the

instructions below.

​

Please note that any opt out is specific to the browser You use. You may need to opt out on every

browser that you use.

​

Website

You can opt out of receiving ads that are personalized as served by our Service Providers by

following our instructions presented on the Service:

​

  • From Our "Cookie Consent" notice banner

  • Or from Our "CCPA Opt-out" notice banner

  • Or from Our "Do Not Sell My Personal Information" notice banner

  • Or from Our "Do Not Sell My Personal Information" link

​

The opt out will place a cookie on Your computer that is unique to the browser You use to opt

out. If you change browsers or delete the cookies saved by your browser, you will need to opt out

again.

​

Mobile Devices

​

Your mobile device may give you the ability to opt out of the use of information about the apps

you use in order to serve you ads that are targeted to your interests:

​

  • "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices

  • "Limit Ad Tracking" on iOS devices

​

You can also stop the collection of location information from Your mobile device by changing

the preferences on your mobile device.

​

"Do Not Track" Policy as Required by California Online Privacy Protection Act

(CalOPPA)

​

Our Service does not respond to Do Not Track signals. However, some third-party websites do

keep track of Your browsing activities. If You are visiting such websites, You can set Your

preferences in Your web browser to inform websites that You do not want to be tracked. You can

enable or disable DNT by visiting the preferences or settings page of Your web browser.

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Your California Privacy Rights (California's Shine the Light law)

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Under California Civil Code Section 1798 (California's Shine the Light law), California residents

with an established business relationship with us can request information once a year about

sharing their Personal Data with third parties for the third parties' direct marketing purposes.

If you'd like to request more information under the California Shine the Light law, and if you are

a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code

Section 22581)

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California Business and Professions Code section 22581 allow California residents under the age

of 18 who are registered users of online sites, services or applications to request and obtain

removal of content or information they have publicly posted.

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To request removal of such data, and if you are a California resident, You can contact Us using

the contact information provided below, and include the email address associated with Your

account.

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Be aware that Your request does not guarantee complete or comprehensive removal of content or

information posted online and that the law may not permit or require removal in certain

circumstances.

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Links to Other Websites

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Our Service may contain links to other websites that are not operated by Us. If You click on a

third-party link, You will be directed to that third party's site. We strongly advise You to review

the Privacy Policy of every site You visit.

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We have no control over and assume no responsibility for the content, privacy policies or

practices of any third-party sites or services.

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Changes to this Privacy Policy

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We may update our Privacy Policy from time to time. We will notify You of any changes by

posting the new Privacy Policy on this page.

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We will let You know via email and/or a prominent notice on Our Service, prior to the change

becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this

Privacy Policy are effective when they are posted on this page.

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Contact Us

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If you have any questions about this Privacy Policy, You can contact us:

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  • By email:

  • By visiting this page on our website:

  • By mail: 219 East 81st Street New York, NY 10028 United States Privacy Policy for Trans-Tech, Inc.’s Infitnium Platform.

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