Transformania Inc. (“us”, “we”, or “our”) owns and operates the Transformania.com
website (the “Site”). On our Site, we offer you the opportunity to use our unique marketing automation software – on a “pay-as-you go” basis – to improve the performance of your direct marketing campaigns within the United States by improving the quality of your contact lists. You can access our features in two ways: (i) if you have a list of contacts (such as a marketing list, membership database, or customer file) in a Microsoft® Excel® workbook, you can upload your file at Transformania.com and then download a new Excel file containing your improved contact data; or (ii) if you have a website or CRM, you can link it to Transformania using our REST API and process each new contact in real time.
By using our Site, you understand and agree to our privacy policies, our data protection policies and our terms of service. We describe those policies and terms below. If you object to our policies or terms of service, you should not access or use the Site or our services.
We may update these legal documents from time to time. When we do, we will notify our Site visitors of any changes by posting the new policies or terms of service on this page. We also will update the “last modified” and effective date” information below.
We recommend you periodically review our policies and terms of service for any changes.
: July 26, 2021
: October 1, 2019
Transformania Early Adopters Program Agreement
- This agreement applies to Transformania’s Early Adopters Program (the “EAP”) launched to beta test Transformania’s new CRM data quality solution (the “Product”).
- The EAP program is expected to run from August through December 2021, but Transformania (“our”, “us” or “we”) may terminate the program sooner in our sole discretion.
- During the time the EAP is in effect, Transformania (“our” or “we”) will be fixing bugs, refining our AI algorithms, and continuously adding new features to the Product based, in part, on suggestions from your company (“you” or “your”) and other Early Adopters.
- Upon the conclusion of the EAP, the Early Adopters’ edition of the Product will morph into three generally available versions of our CRM data quality solution: Essentials, Professional, and Enterprise. At that time, all Early Adopters will be transitioned to the highest level of service, Transformania Enterprise, subject to the pricing terms below.
3. Term & Termination
- Except as otherwise set forth in this EAP Agreement, your participation in the EAP is subject to our Terms of Service posted at https://www.transformania.com/terms-of-service and incorporated by reference into this EAP Agreement.
- You acknowledge that the Product is under development and/or is being beta tested. While participating in the EAP, therefore, we may give you access to certain Product features and services containing bugs that might possibly produce unexpected results or might not perform as specified or intended. You are responsible for protecting yourself, your property, and your data from any risks caused by our Product while you are participating in the EAP. You also agree to back-up your data as appropriate, and to use the Product at your own risk.
- We may ask you to provide feedback, including, but not be limited to, survey responses, and bug reports. You agree to provide us with such feedback.
4. EAP Pricing
- This agreement becomes effective when you click the “Accepted & Agreed To” button below.
- This agreement remains in full force and effect until the conclusion of the EAP or you voluntarily choose not to continue participating in the program, whichever event occurs first.
5. Notice Regarding Privacy & Processing of Personal Data
- The annual subscription fee for Early Adopters will be 50% of the published price, now and forever. For as long as you renew your annual subscription, you will always receive a 50% discount off of the current price.
- The annual subscription price you will be charged to participate in the EAP as an Early Adopter is based on the maximum number of CRM contacts in your system that you intend to upload to Transformania for processing, allowing for a reasonable percentage of overage in our sole discretion.
- These pricing terms shall survive the conclusion of the EAP and remain in effect for all Early Adopters who renew their annual subscriptions.
6. Entire Agreement
- Transformania’s Privacy Policies, as may be amended from time to time, are posted at https://www.transformania.com/terms-of-service and are incorporated by reference into this EAP Agreement.
- HIPAA Disclaimer: Unless otherwise specified in writing by Transformania, we do not intend the use of the Product in the EAP to create obligations under the Health Insurance Portability and Accountability Act, as amended (“HIPAA”), and we make no representations that the Product satisfies HIPAA requirements. If you are (or become) a Covered Entity or Business Associate under HIPAA, you agree not to use the Product for any purpose or in any manner involving Protected Health Information unless and until you receive prior written consent to such use from Transformania. You may request written consent by contact us either by email at [email protected], or by regular mail at Transformania Inc., 500 S. Dixie Highway, Suite 306, Coral Gables, Florida 33146.
- This agreement sets forth the entire agreement between you and Transformania.
- If you require any additional term(s) be included in your agreement with Transformania before you will participate in the EAP, you must (a) make such a request in writing by contacting us either by email at [email protected], or by regular mail at Transformania Inc., 500 S. Dixie Highway, Suite 306, Coral Gables, Florida 33146; and (b) not click the “Accepted & Agreed To” button below. We will consider each request on its merits and respond to you in writing with our response.
By clicking the ‘submit’ button, you accept, and agree to comply with, the terms described in this agreement, and you represent and warrant that you have the full authority to enter into this agreement.
Privacy & Data Protection Policies
Transformania respects the privacy of all our customers and Site visitors. Indeed, we believe privacy is a fundamental right and we are careful to protect your personal data from any intruders.
This document informs you of our policies regarding the collection, use and disclosure of your personal data when you use our Site and/or transact business with us, as well as the choices you have associated with that data. By using our Site, you agree to us collecting and using your personal data in accordance with these policies.
: Your personal data does NOT
include any third-party contact data you share with us whenever you use our marketing automated software – either by uploading a file or by using our REST API (“3P Contact Data”). WE PURGE ALL YOUR 3P CONTACT DATA IMMEDIATELY AFTER YOU COMPLETE YOUR TRANSACTION WITH TRANSFORMANIA, AND WE SEND YOU A CONFIRMING EMAIL THAT WE HAVE DONE SO.
Personal Data –
data about a living individual who, or an entity that, can be identified from that data.
Usage Data –
data collected automatically, either generated by the use of our Site or from the Site infrastructure itself (for example, the duration of a page visit).
small files stored on your device (computer or mobile device).
Service Provider –
the person or entity who processes your Personal Data on our behalf.
Data Collection and Use
We collect and use our Site visitors’ personal data and usage data for various purposes, including:
- To provide and maintain our Site.
- To notify you about changes to our Site.
- To allow you to participate in interactive features of our Site when you choose to do so.
- To provide customer support.
- To gather analysis or valuable information so that we can improve our Site.
- To monitor the usage of our Site.
- To detect, prevent and address technical issues.
Types of Data Collected
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact and/or identify you. Personally identifiable information may include, but is not limited to:
- Email address.
- First name and last name.
- Employer or company name.
- Telephone number.
- Address, City, State/Province, ZIP/Postal code/Country.
- Usage Data and Cookies (see below).
We also may collect information on how visitors access and use our Site. This Usage Data may include information such as your computer’s Internet Protocol address, browser type, browser version, the pages on our Site you visited, the time and date of your visit, the time spent on each page, unique device identifiers and other diagnostic data.
Third-Party Data You Provide to Us
To reiterate, your personal data does NOT include any third-party contact data you share with us whenever you use our marketing automated software – either by uploading a file or by using our REST API (“3P Contact Data”). WE PURGE ALL YOUR 3P CONTACT DATA IMMEDIATELY AFTER YOU COMPLETE YOUR TRANSACTION WITH TRANSFORMANIA, AND WE SEND YOU A CONFIRMING EMAIL THAT WE HAVE DONE SO.
Legal Basis for Processing Personal Data under the European Union’s General Data Protection Regulation (“GDPR”)
As noted above, we currently offer our customers the opportunity to improve the performance of their direct marketing campaigns only within the United States and, accordingly, expect most of our Site visitors to be located within North America. If, however, you are visiting our Site from the European Economic Area (“EEA”), Transformania’s legal basis for collecting and using your Personal Data described in this document depends on the Personal Data we collect and the specific context in which we collect it.
We may process your Personal Data for one or more of the following reasons:
- We need to perform a contract with you.
- You have given us permission to do so.
- The processing is in our legitimate interests and it is not overridden by your rights.
- To comply with the law.
Our Site does not contemplate anyone under the age of 18 (“Child”) visiting our Site and sharing Personal Data with us. Accordingly, we do not knowingly collect personally identifiable information from any Child. If you are a parent or guardian of a Child and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from a Child without verification of parental consent, we will immediately take steps to remove that information from our servers.
Retention of Data
We will retain your Personal Data (i) only for as long as is necessary for the purposes set out in this document; (ii) 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); and/or (iii) to resolve disputes and enforce our legal agreements and policies.
We also will 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 Site, or we are legally obligated to retain this data for longer periods.
Service Providers & The Transfer/Maintenance of Data
We may use the services of various Service Providers in order to process and analyze your Personal Data more efficiently and effectively, as well as to perform Site-related services. These Service Providers will have access to your Personal Data only to perform these tasks on our behalf, and they are obligated not to disclose or use Personal Data for any other purpose.
Consistent with the above paragraph and with our other policies, your Personal Data may be transferred to, or maintained on, computers located outside of your governmental or judicial jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we collect, use and retain your Personal Data within the United States in accordance with our privacy policies. When you submit Personal Data to us, you specifically agree to our Transfer/Maintenance of Data policies.
Consistent with our privacy and data protection policies, we will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with all our policies, and that your Personal Data will not be transferred to an entity or jurisdiction unless there are adequate privacy controls in place.
Disclosure of Data
Transformania may disclose your Personal Data only in the good faith belief that such action is necessary:
- To comply with a legal obligation.
- To protect and defend the rights or property of Transformania.
- To prevent or investigate possible wrongdoing in connection with our Site.
- To protect the personal safety of users of the Site or the public.
- To protect against legal liability.
No Guarantee of the Security of Data
The security of your Personal Data is important to us, but please remember that no method of transmission over the Internet or method of electronic data storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Links to Other Sites
If you have any questions about these privacy and/or data protection policies, please contact us either by email at [email protected]
; or by regular mail at Transformania Inc., 500 S. Dixie Highway, Suite 306, Coral Gables, Florida 33146.
Terms of Service
Please read these Terms of Service (“Terms”) carefully before transacting business with us or using our Site.
Our Site and its original content, features and functionality are and will remain the exclusive property of Transformania Inc. and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Transformania Inc..
“Pay-As-You-Go” & No Refunds
As noted above, we offer our customers the opportunity to use our unique marketing automation software exclusively on a “pay-as-you go” basis, by paying for a greatly improved list of contacts and related data (the “List”) with a credit card. Before
a potential customer purchases a List, they have the opportunity to review, without any financial obligation whatsoever, a sample of the requested List so they can make an informed decision whether or not to proceed with the purchase. Each request to purchase a List is considered a separate and independent transaction.
Given our “pay-as-you-go” policy, and because the potential customer has a right to review the requested List before choosing to purchase it, we will not issue any refund following a concluded transaction. All purchases are final and without recourse. If you do not accept our “no refund” policy, then you should not proceed with any purchase.
Unsolicited or Solicited Idea Submission Policy
Transformania Inc. is committed to providing innovative products and technologies to our customers, and we welcome our customers’ comments regarding these products and services. Our Site also includes a “suggest a feature” link encouraging customers to submit proposed additional features they believe will enhance our products and provide a better experience for all customers. We give a $500 credit for use solely on our website, Transformania.com, to any person who suggests a feature that we subsequently add to our products or services.
Notwithstanding us inviting customers to provide comments and recommend additional features, we do not allow our employees to accept on a confidential basis, or to agree to hold in confidence, any suggestions, proposals, ideas, and the like. Further, we cannot agree to provide any compensation for any such solicited or unsolicited submissions beyond what we disclose we will do in these Terms of Service if a suggested feature is added. This policy is intended to avoid any misunderstandings as to how we process customer submissions. Due to the volume of submissions we receive from our customers, we hope you understand that we cannot acknowledge or respond to each submission and so you may not hear back from us.
If you do choose to submit a solicited or unsolicited suggestion or idea, you agree to the following terms, regardless of any contrary statements that you may include with your submission:
- Transformania Inc. has no obligation to keep your submission confidential, and we may publish or otherwise publicly disclose your submission in any form whatsoever.
- Your submission and its contents automatically become the property of Transformania Inc., without any obligation whatsoever to compensate you, unless we add your suggestion as a feature. In that case, we will compensate you expressly as set forth in these Terms of Service, as may be periodically modified.
- We may use or redistribute your submission and its contents for any purpose and in any way, subject only to these Terms of Service, and notwithstanding any language or conditions you may include with your submission.
- You are authorized to make the submission, and you represent that your submission does not include the confidential information, trade secrets, proprietary know-how, or other intellectual property of any other person or entity.
Links to Other Sites
Our Site may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third-party’s site. We strongly advise you to review the terms of service of every site you visit. We have no control over, and assume no responsibility for, the content, terms of service or practices of any third-party sites or services.
We may terminate or suspend your access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Site will immediately cease.
Limitation of Liability
In no event shall Transformania Inc., or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site and the features offered on the Site are provided/offered without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Transformania Inc. its subsidiaries, affiliates, and its licensors do not warrant that (i) the Site will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Site is free of viruses or other harmful components; or (iv) the results of using the Site will meet your requirements.
These Terms shall be governed by, and construed in accordance with, the laws of the State of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and the services we offer on the Site.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision to the Terms is material, we will try to provide at least 30-days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.
If you have any questions about these Terms, please contact us either by email at [email protected]
; or by regular mail at Transformania Inc., 500 S. Dixie Highway, Suite 306, Coral Gables, Florida 33146.