Clarifications and Definitions
Personal Data – any information relating to an identified or identifiable natural person; for California consumers, Personal Data is “Personal Information” as defined below.
Processing – any operation or set of operations that is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) – Abdullah Gadit Digital, LLC Personal Information (applicable to California consumers; also referred to as “Personal Data” in this Privacy Policy) – any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information includes but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:
Identifiers – real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. Commercial information – including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies Biometric InformationInternet or other electronic network activity information – including but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Website, application, or advertisement.
Audio, electronic, visual, thermal, olfactory, or similar information. Professional or employment-related information. Inferences drawn from any of the information identified in this definition of Personal Information, to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities,
and aptitudes. Personal Information does not include publicly available information lawfully made available from government records or information that is de-identified or aggregated.
Data Protection Principles
We promise to follow the following data protection principles:
Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you with information regarding Processing upon request. Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
Processing is limited with a time period. We will not store your personal data for longer than needed.
We will do our best to ensure the accuracy of the data.
We will do our best to ensure the integrity and confidentiality of data.
Data Subject’s rights
The Data Subject has the following rights:
Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
Right to object to processing – meaning in certain cases you have the right to object to Processing your Personal Data, for example in the case of direct marketing.
Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
Right to withdraw consent – you have the right to withdraw any given consent for the Processing of your Personal Data.
Information automatically collected about you
Abdullah Gadit Digital may automatically receive and log certain types of information when you visit or interact with our websites, services, mobile applications or other products, including:
Browser information
Operating system information
Mobile device information (e.g., device identifier, mobile operating system, etc.)
IP address
Internet service provider
Content viewed
Geographic location
Time of visit
Referring site, application, or service
Information collected if you provide your website and expressly consent
Keywords your site ranks for
Click volume
Search volume
Click volume from mobile versus desktop traffic
Information from our partners
Publicly available information
We might gather information about you that is publicly available.
How we use your Personal Data
We use your Personal Data in order to:
Provide Abdullah Gadit Digital products and services
Fulfil your requests
Communicate with you
Improve our products and services
Develop new services or products
Personalize and tailor your experience on Abdullah Gadit Digital
Operate our business
Understand how users are engaging with Abdullah Gadit Digital
Protect Abdullah Gadit Digital, our users, or others. This includes detecting, preventing, and
responding to fraud, abuse, security risks, and technical issues that could harm Abdullah Gadit
Digital, our users, or others.
We use your Personal Data on legitimate grounds and with your consent.
With your consent we Process your Personal Data for the following purposes:
To send you newsletters;
To build a database of relevant search information to improve the quality, variety, and availability of our products and services;
For other purposes, we have asked your consent for We Process your Personal Data in order to fulfil obligations rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymize Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymized.
We might process your Personal Data for additional purposes that are not mentioned here but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:
Children
We recognize the particular importance of protecting privacy where children are involved. We do not intend to collect, knowingly collect, sell, or solicit Personal Information from anyone under the age of 16. We do not target children with our services. If you are under 16, do not use or provide any information on the Website or through any of its features. If you believe that a child
under the age of 16 may have provided us with Personal Data online, we ask that a parent or guardian contact us.
Cookies and other technologies we use
We use cookies and/or similar technologies to analyze customer behaviour, administer the website, track users’ movements, and collect information about users. This is done in order to personalize and enhance your experience with us. A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.
We use cookies for the following purposes:
Necessary cookies – These cookies are required for you to be able to use some important features on our website. These cookies don’t collect any personal information.
Functionality cookies – These cookies provide functionality that makes using our service more convenient and makes providing more personalized features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time.
Analytics cookies – These cookies are used to track the use and performance of our website and services
Advertising cookies – These cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed on the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organizations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organization.
Here are the cookies we use:
Cookie policy – persistent cookie – 1-year duration – we set this cookie to limit showing the cookie policy on every page view/visit.
Google Analytics – persistent cookie – 2-year duration – we use Google Analytics to improve the user experience on the website (you can opt-out here)
Redirection cookie – persistent cookie – 1-year duration – we redirect you to the language that is best suited from the country you are visiting from
Popup cookie – persistent cookie – 1-year duration – we offer you the chance to be notified of new content and marketing materials
YouTube – persistent cookie – 30-day duration – we embed YouTube videos onto our site to provide you with additional educational material.
We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you’d like to opt-out of tracking by Google Analytics, visit the Google Analytics opt-out page.
Negotiation in Advance of Arbitration
The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Privacy Policy promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for the administration of this Privacy Policy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position
and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.
Claims Covered by Arbitration Clause
Abdullah Gadit Digital and you mutually consent to the resolution by final and binding arbitration of all claims or controversies (collectively, the “Claims”) that Abdullah Gadit Digital may have against you or you may have against Abdullah Gadit Digital or against its past, present, or future predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, and their respective past, present, or future officers, directors, employees, stockholders, representatives, managers, members, partners, agents, advisors, insurers, and indemnities (collectively referred to as the “Abdullah Gadit Digital Parties”), relating to, resulting from, or in any way arising out of your relationship with Abdullah Gadit Digital. The Claims include, but are not limited to claims for penalties, fines, claims for breach of any contract (express or implied); tort claims (including, but not limited to, those relating to reputation); claims for violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; and claims for violation of any public policy, federal, state, international, or other governmental law, statute, regulation, or ordinance.
Confidentiality
The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary for connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Dispositive Motions
In any arbitration arising out of or related to this Agreement:
Any party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost-effective. The other side shall have a brief period within which to respond.
Based on the letters, the arbitrator will decide whether to proceed with a more comprehensive briefing and argument on the proposed motion. If the arbitrator decides to go forward with the motion, he/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion. Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.
Document Requests
In any arbitration arising out of or related to this Agreement, requests for documents:
Shall be limited to documents which are directly relevant to significant issues in the case or to the case’s outcome; Shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and
In any arbitration arising out of or related to this Agreement:
There shall be a production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes or other media. Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.
The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute. Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
The arbitrator’s decision shall be final and binding and shall not be subject to appeal. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. Any decision or award made by the arbitrator shall be enforceable by a court of competent jurisdiction. The parties irrevocably stipulate to the confidential nature of the arbitral award and proceedings and further stipulate that the award and any papers of the proceedings shall only be filed with a court of competent jurisdiction under confidential seal and only to enforce an arbitral award or decision.
WAIVER OF REPRESENTATIVE/CLASS ACTION PROCEEDINGS
BY REGISTERING TO RECEIVE ANY PRODUCTS OR SERVICES FROM US OR PROVIDING YOUR INFORMATION TO US IN, YOU KNOWINGLY AND VOLUNTARILY AGREE TO BRING ANY CLAIMS (LAWSUITS) AGAINST ABDULLAH GADIT DIGITAL
IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, GROUP, OR REPRESENTATIVE IN ANY PURPORTED REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING (A LAWSUIT WHERE YOU SUE AS A GROUP RATHER THAN BEING THE ONLY PLAINTIFF) RELATED TO ANY CLAIMS GOVERNED BY THIS PRIVACY POLICY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIVE ACTION UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200 ET SEQ.
WAIVER OF JURY TRIAL/EXCLUSIVE REMEDY
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION REWARD IS LIMITED. BY AGREEING TO ARBITRATION, ABDULLAH GADIT DIGITAL AND YOU ARE AGREEING TO WAIVE ANY CONSTITUTIONAL
RIGHT TO A JURY OR COURT TRIAL OF COVERED CLAIMS.
Arbitration Fees and Costs
Each party shall advance its own costs and expenses in any such arbitration and one-half (1/2) of the arbitrator’s fees and costs, however, the arbitrator shall award attorneys’ fees and costs to Abdullah Gadit Digital if Abdullah Gadit Digital is the prevailing party. Any decision or award of such arbitration proceeding shall be confidential and may be made public only with the prior written consent of both you and Abdullah Gadit Digital.
Severability (Arbitration Clause)
Abdullah Gadit Digital and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Arbitration Clause.
Contact Information
If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us.
Severability (Privacy Policy)
Abdullah Gadit Digital and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Privacy Policy is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Privacy Policy.
Changes to this Privacy Policy
This Privacy Policy may be updated periodically and without prior notice to you. We will post a prominent notice on our Website to notify you of any significant changes to our Privacy Policy and indicate at the top of the Privacy Policy when it was most recently updated.