Privacy Notice October 2018
What Information Do We Collect?
We collect information that you provide about yourself. We may also collect information about you that is provided by others.
We require an email address to identify users who create accounts to use our services.
We may set or log data stored in cookies or local storage objects to facilitate your use of the services, to provide personalized content, and to permit you to access the content which you have stored or may have been sent to you on the service. The specific cookies and storage objects used may change from time to time, but fall into the following general categories:
The cookies and data stored in local storage is used only to provide services which you have explicitly requested or contracted for. This data is not shared except in the provision of those specific services.
Processor / Controller Designation
For information which you provide about yourself so that we may provide our services to you, we are the data controller.
For information which you provide about third parties for storage or processing, you are the data controller and we are a processor.
For information which you supply about yourself to other users of our service, they are the data controller and we are a processor.
How your information will be used
Information that you provide about you yourself to us is used to provide storage, communications and other services to you.
The email address supplied at account creation will not be shared with any other website or service without your express permission. The email address which you supply for account creation is used to send you notifications about your account and perform administrative tasks such as resetting your password. You have the option to opt-out of all email notifications related to your use of our services through your settings.
Communication channels created on this website require a name and a photo or avatar. A default avatar will be chosen if you do not supply one. The name, avatar, and a link to the channel webpage will be shared with other servers and services in order to refer to this identity. The name does not need to be your real name and the photo or avatar does not need to resemble you.
All other information you supply to this website is optional.
As a social communication and cloud storage service, you will usually be using this website to share information with others. We provide a range of privacy options to allow you to restrict this sharing to only those you choose.
Processing of your information
Our processing of information that you supply as a data controller is limited to storing it for you to use and making it accessible to other persons or transferring it to other third parties in accordance with your instructions pursuant to the rules and processes codified within the code of the software identified on the Site Info page (https://onlinelutherans.net/Siteinfo).
Our processing of information about you supplied by other data controllers is limited to storing it for their use, making it accessible to the persons they specify and processing it pursuant to their instructions.
We MAY keep logs of activity to help diagnose software issues and to maintain security of the system against intrusion. These logs are routinely deleted within 10 days or are retained in a securely encrypted environment.
If you have provided permission to do so, we may try to suggest frendships or connections based on analysing information about your connections which you have made public by your use of the service. You may restrict access to this information if this processing is undesired.
If supplied, we MAY use your gender to formulate text messages in your native language, for instance "Bob commented on HIS post."
We do not share your private information with other third parties except according to your instructions.
We do not analyse your behaviour or personal characteristics.
We MAY be asked or forced to divulge information provided by you in response to legitimate criminal investigation or other legal proceedings. Where possible we will notify you if this happens.
Access to your information
Pursuant to your instructions, we may share communications and information that you supply to the service for processing
- with other websites pursuant to the instructions you provide and according to the rules and processes codified within the code of the software identified on the Site Info page (https://onlinelutherans.net/Siteinfo), or
- with other users on this site pursuant to the instructions you provide and according to the rules and processes codified within the code of the software identified on the Site Info page (https://onlinelutherans.net/Siteinfo), or
- to a third party service provider who may assist in providing the services or some portion of the services, or
- to a new owner or operator in the event we elect to discontinue providing the services or control of the services or some part thereof is transfer to another entity due to bankruptcy or insolvency, or
- as part of our efforts to promote the safety and security of our services and users such as by verifying your account or activity and/or investigating activity that is suspicious or may be in violation with our terms, policies or applicable laws.
You may be shown embedded videos and provided links to other websites as part of your day-to-day activities using this website. Websites not owned or operated by us that you link to or that may embed content such as (but not limited to) Facebook, Twitter, and Google have their own privacy and data security terms.
Continued storage of data which you have chosen to place on the service is provided under your implied consent through your continued use of the service. You may withdraw this consent at any time by deleting your account. On account deletion we will remove all data which belongs to you. The process of deletion may take up to 90 days. We will also make a good faith effort to delete it from any internetworked websites to which you have instructed us to provide a copy unless prohibited or understood by us to be prohibited by a legal requirement or process. Where possible, we will notify you if this happens.
Further access to your personal data and stored files is under your control.
All data and files stored for a communications channel in your account are available for you to download for either archival puposes or to transfer to another compatible website.
We MAY be asked or forced to divulge information or data stored in connection with your account in response to legitimate criminal investigation or other legal proceedings. You explicitly permit us to comply with such requests where, in our sole determination, we are required to do so. Where possible we will notify you if this happens.
Under the General Data Protection Regulation (GDPR) and The Data Protection Act 2018 (DPA) you have a number of rights with regard to personal data which you supply to us and for which we are the controller.
You have the right to request from us access to and rectification or erasure of your personal data, the right to restrict processing, object to processing as well as in certain circumstances the right to data portability.
If you have provided consent for the processing of your data you have the right (in certain circumstances) to withdraw that consent at any time which will not affect the lawfulness of the processing before your consent was withdrawn.
You have the right to lodge a complaint to the Information Commissioners’ Office if you believe that we have not complied with the requirements of the GDPR or DPA 18 with regard to your personal data.
Identity and contact details of controller and data protection officer
DM42.Net, LLC is the controller and processor of data for the purposes of the DPA 18 and GDPR. 3
If you have any concerns as to how your data is processed you can contact:
or you may write to:
Data Privacy and Protection Department
P.O. Box 464
Sterling, MI 48659
Under the General Data Protection Regulation (GDPR) and The Data Protection Act 2018 (DPA) you have a number of responsibilities with regard to personal data which you control and cause to be transferred to us for processing.
For data which you control and cause to be transferred to us for processing, you indicate and agree that you instruct us to process data according to the rules and processes codified within the code of the software identified on the Site Info page (https://onlinelutherans.net/Siteinfo).
You further stipulate and acknowledge that your use of this service may include transferring personal data for which you are a controller to a third country or an international organization and you accept as yours the responsibilities outlined in Article 40 of the GDPR.
It is possible that your use of the service to effect transfers of personal data for which you are a controller may infringe upon the GDPR or other Union or Member State data protection provisions.
For data for which you are a controller and you cause to be placed on to the service for storage or processing, you agree to carry out the responsibilities of Article 30 of the GDPR as applicable.
Terms of Service
Terms of Service
We at DM42.Net provide a communications, publishing, file shareing and collaboration platform called OnlineLutherans.Net and would love for you use it to connect with others on our server as well as others around the world running compatible software. OnlineLutherans' basic service is free, and we offer paid plans for advanced features such as a custom domain name, extra storage, the ability to create a shopping cart, create email list, and many other premium features. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish and be aware of the privacy settings you assigned to your published material. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) are stored or published through our service. If you find material on OnlineLutherans that you believe violates these Terms of Service, please report it to us.
(We've made the below Terms of Service available under a Creative Commons Sharealike license, which means you're more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you.)
Terms of Service:
We refer to DM42.Net and OnlineLutherans.Net collectively as “OnlineLutherans”,“we”, or "us" throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by OnlineLutherans, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires a OnlineLutherans account. You agree to provide us with complete and accurate information which may be marked as "required" when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Your OnlineLutherans Account and associated channels. If you create an account on OnlineLutherans, you are responsible for maintaining the security of your account all associated channels, and you are fully responsible for all activities that occur under the account, its associated channels and any other actions taken in connection with your account. You must immediately notify us of any unauthorized uses of your your account, your channel(s) or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you upload data, operate a blog, comment on posted items, edit or post material or links to a page, channel, forum, or other application on OnlineLutherans, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using OnlineLutherans, you represent and warrant that your Content and conduct do not violate these Terms or our User Guidelines. By submitting Content to OnlineLutherans for transmission through or storage on the service, you grant to us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, and distributing, your content. If you delete Content from our server, we will use reasonable efforts to remove it from our services and direct servers to which it was distributed to do the same. You acknowledge, however, that the deleted content may not be made immediately unavailable and it may not be immediately purged from the backups of our services. Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or or channel name due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any our policy or is in any way harmful, objectionable, or as required by law or (iii) terminate or deny access to and use of OnlineLutherans to any individual or entity for any reason. In such cases, we will have no obligation to provide a refund of any amounts previously paid.
- HTTPS. We offer free HTTPS on on many of our services by default, including those using custom domains, usually via Let’s Encrypt. By signing up and using a custom domain on OnlineLutherans, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of protecting your data via HTTPS.
There are certain features offered on OnlineLutherans that enable you to sell items (goods, content, services, etc.) on your website or through your channel(s) ("Ecommerce Features").
- **Prohibited Uses. You may not use Ecommerce Features for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Features if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
- Tax Calculations. You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Features allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. We make our best efforts to keep our content and documents up-to-date, but because the tax law changes rapidly, we cannot guarantee that all the services are completely current. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.**
3. Responsibility of Visitors.
OnlineLutherans has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, we in no way represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OnlineLutherans/DM42.Net,LLC expressly disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
4. Fees, Payment, and Renewal.
- Fees. Some of our Services are offered for a fee or may be offered for free with optional paid upgrades. By using a Paid Service, you agree to pay the specified fees. If you subscribe to a recurring service, we will bill or charge you for the service in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
- Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
- Automatic Renewal. To ensure uninterrupted service, you may be offered the option to have your services automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase an annual plan, you will be charged each year.
- Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
- Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Paid Service.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which OnlineLutherans links, and that link to OnlineLutherans. We do not have any control over those non-OnlineLutherans websites, and are not responsible for their contents or their use. By linking to a non-OnlineLutherans website, DM42.Net does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We specifically disclaim any responsibility for any harm resulting from your use of non-OnlineLutherans websites and webpages.
6. Third Party Services.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by OnlineLutherans.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your OnlineLutherans account or channel and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or channel.
7. Copyright Infringement and DMCA Policy.
As OnlineLutherans/DM42.Net asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on our servers violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act ("DMCA") Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We may terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of us or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
8. Intellectual Property.
This Agreement does not transfer from us to you any of our intellectual property or any intellectual property belonging to a third party. All right, title, and interest in and to such property will remain (as between the parties) solely with us. Your use of our Services grants you no right or license to reproduce or otherwise use any of our trademarks, service marks or other intellectual property or any trademarks, service marks or intellectual property of any third-party.
9. Domain Names.
We act as a registrar and also work with third party registrars in order to provide our users with domain name services. When you register or renew a domain name on our service, or when you transfer an existing domain name to to us, you become bound by the relevant registrar’s terms and conditions which you will be required to accept before registering or transfering the domain name.
Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreementand about domain name registration generally.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account with us (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties.
Our Services are provided "as is." We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OnlineLutherans/DM42.Net, LLC nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
13. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bay County, Michigan.
14. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
15. Limitation of Liability.
In no event will OnlineLutherans/DM42.Net, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this Agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
17. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless DM42.Net,LLC its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between DM42.Net,LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DM42.Net,LLC, or by the posting by DM42.Net,LLC of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
2020-01-25 - Original publication - edited from a template provided by (Auttomatic, Inc.)[https://github.com/Automattic/legalmattic]
What are cookies?
Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to "remember" you and your preferences, either for a single visit (through a "session cookie") or for multiple repeat visits (using a "persistent cookie"). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as "first party cookies"), or by third parties, such as those who serve content or provide advertising or analytics services on the website ("third party cookies"). Both websites and HTML emails may also contain other tracking technologies such as "web beacons" or "pixels." These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
Where we place cookies
We set cookies in a number of different locations across our services. These include:
- On our websites
- In the administrative dashboards of our websites.
- On pages and sites that we host for our users.
Types of Cookie
The table below explains the types of cookies we use on our websites and why we use them.
|Category of cookies||Why we use these cookies|
|Strictly Necessary||These cookies are essential for websites on our services to perform their basic functions. These include those required to allow registered users to authenticate and perform account related functions, as well as to save the contents of virtual "carts" on sites that have an ecommerce functionality.|
|Functionality||These cookies are used to store preferences set by users such as account name, language, and location.|
|Security||We use these cookies to help identify and prevent potential security risks.|
|Analytics and Performance||Performance cookies collect information on how users interact with our websites, including what pages are visited most, as well as other analytical data. We use these details to improve how our websites function and to understand how users interact with them.|
|Third Party / Embedded Content||Pages and content hosted on our site may make use of different third party applications and services to enhance the experience of website visitors. These include social media platforms such as Facebook and Twitter (through the use of sharing buttons), or embedded content from Youtube and Vimeo. As a result, cookies may be set by these third parties, and used by them to track your online activity. We have no direct control over the information that is collected by these cookies.|
Below are examples of the cookies set by us, with explanations of their purpose. Some of these cookies are set across our whole network, whereas some are specific to individual services. Please note that this is not an exhaustive list, but rather aims to be representative. Information about cookies that may be set by third parties, is below. In addition, people and companies that use our services to publish or host their own sites may place additional cookies. We provide more information on these cookies below.
|PHPSESSID||Login cookie used to identify user.|
Please note that this section is not intended to be exhaustive, but rather aims to be representative, and that our users may set additional cookies (such as Google Analytics), depending on the features they have chosen to enable or the plugins they have installed.
Consent for Advertising Cookies on Our Sites
You may see a “cookie banner” on our websites and dashboards. If you are visiting one of our users' sites from the EU, then we do not set cookies that are used to show you targeted ads before you click to accept. When you consent in this manner, we and our advertising partners may set advertising cookies on the site you are visiting and on other of our websites, dashboards, and services. We’ll display the banner to you periodically, just in case you change your mind.