Terms of Use and Privacy Policy

Last Modified: July 5, 2018

In this information, “cream.software” refers to “CREAM.SOFTWARE Rafal Platek”. That may also be referred as “We”, “Us” or “Our”. cream.software operates the https://www.creamsoft.com website (the “Service”) and software applications for mobile and desktop devices (the “Apps”) that are created by cream.software.

cream.software is a software developer. When you use our Services or Apps, you’ll share some information with us. So we want to be upfront about the information we collect, how we use it, whom we share it with, and the controls we give you to access, update, and delete your information.

That’s why we’ve written this Privacy Policy. And it’s why we’ve tried to write it in a way that’s blissfully free of the legalese that often clouds these documents.

For the purpose of this Privacy Policy, formal information to start with is that a Data Controller of your Personal Data is me, Rafał Płatek, running my own software business as CREAM.SOFTWARE RAFAŁ PŁATEK located in Poland, ul. Dąbrowskiego 58d, 32-400 Myślenice, registered in Central Register and Information on Economic Activity (CEIDG) operated by the Ministry of Economic Development of the Republic of Poland, VAT ID NIP 681-112-89-55, email: creams@creamsoft.com

Information We Collect

There are three basic categories of information we collect:

  • Information you choose to give us

  • Information we get when you use our Services or Apps

Here’s a little more detail on each of these categories.

Information You Choose to Give Us

When you interact with our Service or Apps, we collect the information that you choose to share with us. It probably goes without saying, but we’ll say it anyway: When you contact customer support or communicate with us in any other way (e.g. commenting articles), we’ll collect whatever information you volunteer.

Information We Get When You Use Our Services or Apps

When you use our Services or Apps, we collect information about which of those Services or Apps you’ve used and how you’ve used them. We might know, for instance, that you watched a particular page, saw a specific ad or used a feature. Here’s a fuller explanation of the types of information we collect when you use our Services or Apps:

  • Usage Information. We collect information about your activity through our Services and Apps. For example, we may collect information about how you interact with our Services or Apps, such as which pages you view or which search queries you submit.

  • Information Collected by Cookies and Other Technologies. Like most online services and mobile applications, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and device. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our Services or Apps. Examples of Cookies we use:

    • Session Cookies. We use Session Cookies to operate our Service or Apps.

    • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

    • Security Cookies. We use Security Cookies for security purposes.

    You can find more about cookies we use in a separate section of this Privacy Policy below.

  • Log Information. We also collect log information when you use our website. That information includes, among other things:

    • details about how you’ve used our Services or Apps.

    • device information, such as your web browser type and language.

    • access times.

    • pages viewed.

    • IP address.

    • identifiers associated with cookies or other technologies that may uniquely identify your device or browser.

    • pages you visited before or after navigating to our website.

How We Use Information

What do we do with the information we collect? The short answer is: Provide you with an amazing set of Apps and Services that we relentlessly improve. Here are the ways we do that:

  • develop, operate, improve, deliver, maintain, and protect our Services and Apps.

  • send you communications, including by email. For example, we may use email to respond to support inquiries or to share information about our products, services, and promotional offers that we think may interest you.

  • monitor and analyze trends and usage.

  • personalize our Services and Apps by, among other things, customizing the content we show you, including ads.

  • provide and improve ad targeting and measurement.

  • enhance the safety and security of our Services and Apps.

  • verify your identity and prevent fraud or other unauthorized or illegal activity.

  • use information we’ve collected from cookies and other technology to enhance our Services and Apps and your experience with them.

  • enforce our Terms of Service and other usage policies.

How We Share Information

We may share information about you in the following ways:

  • With other users. We may share the following information with other users of our Services or Apps:

    • information about you, such as your username, name, and avatar.

    • any additional information you have directed us to share.

    • content you post or send for instance your comments in our website.

  • With all users, our business partners, and the general public. We may share the following information with all users as well as with our business partners and the general public:

    • public information like your name, username, profile pictures.

    • any content that you submit to an inherently public service, like comments in our website. This content may be viewed and shared by the public at large both on and off our Services or Apps, including through search results, on websites, in apps, and in online and offline broadcasts.

  • With third parties. We may share your information with the following third parties:

    • With service providers. We may share information about you with service providers who perform services on our behalf like for payment processors.

    • With business partners. We may share information about you with business partners that provide services and functionality for example our hosting company.

    • With third parties for legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to:

      • comply with any valid legal process, governmental request, or applicable law, rule, or regulation.

      • investigate, remedy, or enforce potential Terms of Service violations.

      • protect the rights, property, and safety of us, our users, or others.

      • detect and resolve any fraud or security concerns.

    • With third parties as part of a merger or acquisition. If we get involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.

We may also share with third parties—such as advertisers—aggregated, non-personally identifiable, or de-identified information.

Third-Party Content and Integrations

Our Service or Apps may also contain third-party links and search results, include third-party integrations, or offer a co-branded or third-party-branded service. Through these links, third-party integrations, and co-branded or third-party-branded services, you may be providing information (including personal information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party service that you visit or use, including those third parties you interact with through our Services or Apps.

Analytics and Advertising Services

We may let other companies use cookies, web beacons, and similar technologies on our Services or in Apps. These companies may collect information about how you use our Services or Apps over time and combine it with similar information from other services and companies. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity.

Additionally, some companies, may use information collected on our Services or Apps to deliver ads, measure the performance of ads and deliver more relevant ads on behalf of us or other companies (such as Google through the Google AdSense program), including on third-party websites and apps.

  • Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service or Apps. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on https://tools.google.com/dlpage/gaoptout
    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page:
    https://policies.google.com/privacy

  • Google AdWords. Google AdWords remarketing service is provided by Google Inc. We may use remarketing services to advertise on third party websites to you after you visited our Services or Apps. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service or Apps. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

Payments

We may provide paid products and/or services within our Service or our Apps. In that case, we 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. 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.

The payment processors we work with are:

How Long We Keep Your Information

We 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.

We 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 Services or Apps, or we are legally obligated to retain this data for longer time periods.

If you ever decide to stop using our Services or App, you can ask us to delete your account. Keep in mind that, while our systems are designed to carry out our deletion practices automatically, we cannot promise that deletion will occur within a specific timeframe. There may be legal requirements to store your data and we may need to suspend those deletion practices if we receive valid legal process asking us to preserve content or if we receive reports of abuse or other Terms of Service violations. Finally, we may also retain certain information in backup for a limited period of time or as required by law.

Control over Your Information

We want you to be in control of your information, so we provide you with the following tools.

  • Edit and export your data. You can access and edit most of your basic account information right in our Services or our Apps. You can also use the export feature in our apps to export all your data used by the app to a private cloud storage. Because your privacy is important to us, we may ask you to verify your identity or provide additional information before we let you access or update your personal information. We may also reject your request to access or update your personal information for a number of reasons, including, for example, that the request risks the privacy of other users or is unlawful.

  • Revoking permissions. If you let us use your information, you can always change your mind and simply revoke your permission by changing the settings on your device if your device offers those options. Of course, if you do that, certain Services or Apps may lose full functionality.

  • Deletion. While we hope you’ll remain a lifelong user, if for some reason you ever want to delete your account, just go contact us. You can also delete some information in our Services or Apps.

Users in the European Union

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. You should also know that cream.software is the data controller of your personal information. Here is some additional information we would like to bring to your attention:

Bases for using your information

Your country only allows us to use your personal information when certain conditions apply. These conditions are called “legal bases” and we typically rely on one of four:

  • Contract. One reason we might use your information is because you’ve entered into an agreement with us.

  • Legitimate interest. Another reason we might use your information is because we have—or a third party has—a legitimate interest in doing so. For example, we need to use your information to provide and improve our Services or Apps, including protecting your account, providing customer support, and helping you find content we think you’ll like. Because most of our Services or Apps are free, we also use some information about you to try and show you ads you’ll find interesting. An important point to understand about legitimate interest is that our interests don’t outweigh your right to privacy, so we only rely on legitimate interest when we think the way we are using your data doesn’t significantly impact your privacy or would be expected by you, or there is a compelling reason to do so.

  • Consent. In some cases we’ll ask for consent to use your information for specific purposes. If we do, we’ll make sure you can revoke your consent in our Services or Apps or through your device permissions. Even if we’re not relying on consent to use your information, we may ask you for some permissions if needed.

  • Legal obligation. We may be required to use your personal information to comply with the law, like when we respond to valid legal process or need to take action to protect our users.

Your rights

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:

  • The right to access, update or to 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.

  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

  • The right to object. You have the right to object to our processing of your Personal Data.

  • The right of restriction. You have the right to request that we restrict the processing of your personal information.

  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Overpass Ltd relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

Complaints?

If you’re based in the EU, you can always file a complaint with the supervisory authority in your Member State. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Transfer Of Data

Your information, including Personal Data, 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.

If you are located outside Poland and choose to provide information to us, please note that we transfer the data, including Personal Data, to Poland and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Do Not Track” Signals

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable “Do Not Track” by visiting the Preferences or Settings page of your web browser.

Children

Our Services or Apps are not intended for—and we don’t direct them to—anyone under 13. And that’s why we do not knowingly collect personal information from anyone under 13. In addition, we may limit how we collect, use, and store some of the information of EU users between 13 and 16. In some cases, this means we will be unable to provide certain functionality to these users. If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent’s consent before we collect and use that information.

Security of your information

To help protect the privacy of data and personally identifiable information you transmit through use of this Site, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or Services or Apps to you.

Revisions to the Privacy Policy

We may change this Privacy Policy from time to time. But when we do, we’ll let you know one way or another. Sometimes, we’ll let you know by revising the date at the top of the Privacy Policy that’s available on our website or mobile application. Other times, we may provide you with additional notice (such as adding a statement to our websites’ homepages or providing you with an in-app notification).

Disclaimer and limitation of liability

You use our Services or Apps at your own risk. They are provided “AS IS”, without any warranties, and we do not warrant that our Services or Apps and availability thereof will be uninterrupted or error free. We do not assume any responsibility for errors or omissions in the information or software or other documents, including User Material, which are referenced by or linked to. References or links to third parties websites are provided AS IS without warranty of any kind, either express or implied.

In no event shall We be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, We aggregated liability for any direct damages shall be limited to the lesser of: (i) membership fees paid by the user; (ii) membership fees paid by the user during the previous calendar year.

In-app Purchases

Although the download of our Apps may be offered for free, some additional content can be purchased for real money inside Apps or Services. Such purchases do not always require the re-entry of credit card information because they may be made through an existing third-party account (such as a Microsoft, Google Play or iTunes account). If you do not want to use this feature, turn off in-app purchases in your device’s settings. To learn how to disable in-app purchases, refer to the device manufacturer.

Some in-app purchases may be auto-renewable subscription based IAP which in simple terms means that:

  • Payment will be charged to your account (such as a Microsoft, Google Play or iTunes account) at confirmation of purchase and will automatically renew (at the duration/price selected) unless auto-renew is turned off at least 24 hrs before the end of the current period.

  • Account (such as a Microsoft, Google Play or iTunes account) will be charged for renewal within 24-hours prior to the end of the current period

  • Current subscription may not be cancelled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your account settings (such as a Microsoft, Google Play or iTunes account) after purchase.

  • Any unused portion of the free one month initial period will be forfeited when you purchases a subscription.

Additional content is offered “as is” and by making in-app purchases you, or anyone using your device and/or credentials, are responsible for any financial transactions and you agree that We will not be held responsible for any loss, material or otherwise. We reserve the right to deny refunding requests for in-app purchases in cases of negligence to the terms stated here in this agreement.

Health and nutritional information

You are responsible for your own health. We are not a medical organization and we will not provide you with any medical advice or diagnosis. The purpose of our Services or Apps is solely to help our users to record what they eat, how they exercise and to track their health, weight, fitness progress or finance. Information made available through our Services or Apps and by our partners and affiliates shall solely be used for recreational and educational purposes. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort. We cannot guarantee any health, weight and/or fitness results or improvements. Our Services or Apps are only intended for healthy adults, and please do not use our Services or Apps if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise. Nutritional information found in our Services or Apps has not been verified, investigated or reviewed by Us. We cannot guarantee that the nutritional information provided in our Services or Apps are accurate, reliant or complete. We are not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of our Services or Apps.

Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a Services or Apps that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on https://tools.google.com/dlpage/gaoptout

The Cookies We Set

    • Session Cookies. We use Session Cookies to operate our Services or Apps.

    • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

    • Security Cookies. We use Security Cookies for security purposes.

Third Party Cookies

We may let other companies use cookies, web beacons, and similar technologies on our Services or Apps. These companies may collect information about how you use our Services or Apps over time and combine it with similar information from other services and companies. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity.

Additionally, some companies, may use information collected on our Services or Apps to deliver ads, measure the performance of ads and deliver more relevant ads on behalf of us or other companies (such as Google through the Google AdSense program), including on third-party websites and apps.

This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on https://tools.google.com/dlpage/gaoptout
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page:
https://policies.google.com/privacy

The Google AdSense service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.

For more information on Google AdSense see the official Google AdSense privacy FAQ https://support.google.com/adsense/answer/7549925

We use adverts to offset the costs of running this site and provide funding for further development. The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. This Cookies Policy was created with the help of the CookiePolicyGenerator.com

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

Contact Us

If you are still looking for more information or you have questions or concerns then you can contact us through one of our preferred contact methods:

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