INFORMATION WE COLLECT AND HOW WE USE IT
We may collect and store information about you in connection with your use of the Service, including any information you transmit to or through the Service. We use that information to provide the Service’s functionality, fulfill your requests, improve the Service’s quality, engage in research and analysis relating to the Service, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Service, and comply with legal obligations. Even when we do not retain such information, it still must be transmitted to our servers initially and stored long enough to process.
Please also note:
Account Information: If you create a Battery Effect account, we may store and use the information you provide during that process, such as your full name, email address, zip code, physical address, and other information you may provide with your account, such as your gender, phone number, and birth date. We may publicly display your first name and last initial, as well as any photo or other content you submit through the registration process, as part of your account profile. You can modify some of the information associated with your account through your account settings. If you believe that someone has created an unauthorized account depicting you or your likeness, you can request its removal by flagging it.
Public Content: Your contributions to the Service are intended for public consumption and are therefore viewable by the public, including your photos, ratings, reviews, tips, lists, Collections, compliments, Ask the Community posts, Battery Effect Talk posts, and edits to business listing information. Your account profile (e.g., first name, last initial, city, neighborhood, month and year joined, profile photos and friends) is also intended for public consumption, as is some of your other activity through the Service, like how you vote on other people’s contributions (e.g., useful, funny, cool, helpful, not helpful), which contributions you like, where you check-in or where your friends check-in on your behalf, which contributions or users you follow, and which businesses you bookmark. You can limit the public nature of some of these activities through your account settings.
Contacts: You can invite others to join or become your friend on Battery Effect by providing us with their contact information, or by allowing us to access your contacts from your computer, mobile device, or third party sites to select which individuals you want to invite. If you allow us to access your contacts, we may transmit that information to our servers long enough to process your invitations.
Communications: When you sign up for an account or use certain features, you are opting to receive messages from other users, businesses, and Battery Effect. You can manage some of your messaging preferences through your account settings, but note that you cannot opt out of receiving certain administrative, transactional, or legal messages from Battery Effect. For example, if you make a reservation, order food, place yourself on a wait list, or request a quote from a business through the Service, we may send you messages about your transaction using the contact information you provide, including through automated SMS text messages to your phone number. We may also track your actions in response to the messages you receive from us or through the Service, such as whether you deleted, opened, or forwarded such messages. If you exchange messages with others through the Service, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to use of the Service, as well as our efforts to improve the Service. We may not deliver messages that we believe are objectionable, such as spam messages, fraudulent solicitations, or requests to exchange reviews for compensation. If you send or receive messages through the Service via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. If you are a representative of a business listed on Battery Effect, we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business. Our calls with you may be monitored and recorded for quality purposes.
Transactions: If you initiate a transaction through the Service, such as a reservation or purchase, we may collect and store information about you, such as your name, phone number, address, email, and payment information (such as a credit card number and expiration date), as well as any other information you provide to us, in order to process your transaction, send communications about them to you, and populate forms for future transactions. This information may be shared with third parties, and third parties may share such information with us, for the same purposes. When you submit credit card numbers, we encrypt that information using industry standard technology. If you write reviews about businesses with which you transact through the Service, we may publicly display the fact that you transacted with those businesses. For example, if you make drop-off batteries through the Service and write a review about your experience, we may publicly display the fact that you made your drop-off through the Service.
Activity: We may store information about your use of the Service, such as your search activity, the pages you view, the date and time of your visit, businesses you call using our mobile applications, and reservations, purchases, or transactions you make through the Service. We may also store information that your computer or mobile device may provide to us in connection with your use of the Service, such as your browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs and mobile applications. We may also receive and store your location whenever our mobile applications are running, including when running in the background, if you enable our mobile apps to access such information in the course of using the Service. You may be able to limit or disallow our use of certain location data through your device or browser settings, for example by adjusting the "Location Services" settings for our applications in iOS privacy settings.
Different Devices: You may access the Service through different devices (e.g., your mobile phone or personal computer) and different platforms (e.g., the Battery Effect website or Battery Effect mobile apps). The information that we collect and store through those different uses may be cross-referenced and combined, and your contributions through one Battery Effect platform will typically be similarly visible and accessible through all other Battery Effect platforms.
Legal Basis for Processing: We will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (for instance, to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations). If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will typically be to operate our Services, communicate with you in relation to our Services, or for our other legitimate commercial interests, for instance, when responding to your queries, to analyze and improve our platform, engage in marketing, or for the purposes of detecting or preventing fraud. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at the address listed below in the “Contact” section.
Processes: Intended to make the Service work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account.
Preferences: Intended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to send push notifications to your phone.
Notifications: Intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it.
Analytics: Intended to help us understand how visitors use the Service. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.
You can set some Cookie preferences through your device or browser settings, but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking. For flash cookies, you can manage your privacy settings by clicking here. Please note that changing any of these settings does not prevent the display of certain advertisements to you.
Third parties may receive information about you as follows:
Content Partners: We allow third party partners to use and display some of the public content available through the Service, such as your photos, reviews, and other information detailed in a Section above.
Service Providers: We may rely on third party providers to support or provide some of the services that are available through the Service, such as reservations and check-in. We may also rely on third party providers to perform certain services for us in connection with your use of the Service, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, our own marketing of the Service, and other functions. We may share information from or about you with these third party providers so that they can perform their services or complete your requests. These third party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third party providers may also share this information with their subsidiaries, joint ventures, or other companies under common control. Some of our web pages utilize framing techniques to serve content to you from our third party providers, while preserving the look and feel of the Service. In such cases, please note that the information you provide is being provided to the third party.
Aggregate or Anonymous Information: We may share user information in the aggregate with third parties, such as businesses that are listed on Battery Effect and content distributors. For example, we may disclose the number of users that have been exposed to or clicked on advertisements. We may also disclose anonymized information about your use on Battery Effect. For example, if you engage in a transaction in connection with Battery Effect, we may publicly disclose information about the transaction without providing additional identifying information about you or otherwise disclosing your participation in the transaction.
Businesses on Battery Effect: We may share information from or about you (such as your age, gender, and city), your devices, and your use of the Service (such as which businesses you bookmark or call, or if you visit a business’s URL) with businesses listed on Battery Effect. You may adjust your account settings to increase or decrease the amount of information we share. Keep in mind that businesses may still see your public activity and posts, and may receive information from or about you when you transact or communicate with them, through Battery Effect or otherwise, regardless of your settings (see Section 1 above). Additionally, if you make a phone call to a business through or in connection with your use of the Service, we may share information about your call with the business that the business would have received had you called them directly, such as the date and time of your call and your phone number. You may be able to limit our ability to collect and share your phone number through your phone’s settings or phone service provider.
Investigations and Legal Disclosures: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal processes and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process or law enforcement requests served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public, such as disclosures in connection with Battery Effect’s Consumer Alerts program. If you flag or otherwise complain to us about content through the Service, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.
Links: The Service may link to third party services, like a business’s URL. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on or applicable to all such third party services.
Third Party Accounts: If you sign up for, or log into, Battery Effect using a third party service like Facebook or Google, or link your Battery Effect account to your account with a third party service like Facebook, Instagram or Twitter, we may receive information about you from such third party service. If you post content to a third party service through the Service, that third party service will also receive that content, which will be visible to anyone that has access to it through that third party service.
CONTROLLING YOUR PERSONAL DATA
Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Service pseudonymously, though doing so could detract from the credibility of your contributions to the Service. Battery Effect users can also use the Find Friends feature to find one another based on their names or email addresses. You can adjust the settings for this feature in your account settings. Please also note that the messages you send or receive using the Service are only private to the extent that both you and the person you are communicating with keep them private. For example, if you send a message to another user, that user may choose to publicly post it. Also, we may access, review, and disclose such messages in connection with investigations related to use of the Service, as well as our efforts to improve the Service.
You can object to the processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You also have the right to opt-out of marketing communications we send you at any time. The Service generally provides you with a reasonable means to view and change your profile information and you can opt-out of marketing communications at any time by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you or in your account settings. However, if you have any questions or concerns about the processing of your personal information, you may contact us as outlined in the “Contact” section below. Please note that the “data controller” responsible for protecting your personal data related to the Service if you are a resident of the United States or Canada, Battery Effect., a S-corp with its headquarters in Los Angeles, California;
DATA RETENTION AND ACCOUNT TERMINATION
The Service is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us here. IF we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.
We use various safeguards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
760 W Hamilton Ave, Apt 8,
San Pedro, California 90731
We will take such steps as we deem necessary to confirm your identity before sharing any personal data with you. We will respond to proper and confirmed requests relating to personal data within 30 days, or as otherwise required by applicable law.
CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS
We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you first agree to such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above.
INTERNATIONAL DATA TRANSFER
The personal data information we obtain from or about you may be transferred, processed and stored outside or in the United States of America. We take the privacy of our users seriously and therefore take steps to safeguard your information, including ensuring an adequate level of data protection. These include implementing Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect personal information they process in accordance with data protection laws. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.
Event Terms and Conditions
Hi! These terms and conditions (the "Event Terms") govern attendance and participation in events listed on the Battery Effect website, including parties, promotions, and contests.
As used throughout these Event Terms, the terms "we", "us", "our", and " Battery Effect" refer to Battery Effect a registered S-Corp in Los Angeles, CA 90731. The term " Battery Effect Event" means an event, gathering, promotion, contest, meet-up or the like that is organized or hosted by Battery Effect. "Non- Battery Effect Event" means an event, gathering, promotion, contest, meet-up or the like that is organized by someone other than Battery Effect but that may appear or be listed on the Battery Effect website.
In order to participate or attend a Battery Effect Event, you must first agree to these Event Terms. If, after reading these Event Terms, you find that you cannot or will not agree to any terms or conditions within it, please do not RSVP to or attend any Battery Effect Event. If you RSVP to any Battery Effect or Non- Battery Effect Event through the Battery Effect site (e.g., by clicking "I'm In!," "RSVP," or messaging an event organizer), you signal that you have read, understand, and agree to these Event Terms.
If you're an Elite Squad member (congrats, by the way), any inconsistencies between these Event Terms and the Elite Terms of Service will be resolved in favor of the Elite Terms. Similarly, if you're a Battery Effect employee or agent, any inconsistencies between these Event Terms and other agreements you may have entered into with Battery Effect will be resolved in favor of your employment agreements or contracts.
You represent that (a) you are at least 21 years old (or otherwise over the legal drinking age in your jurisdiction), (b) you have the requisite power and authority to enter into these Event Terms, and (c) you have read and understood these Event Terms as well as Battery Effect 's Terms of Service and Content Guidelines.
Battery Effect and its sponsors and vendors sometimes take photos and videos at Battery Effect Events, and later use them for promotional purposes. By participating or attending any Battery Effect Event, you agree that you may appear in some of these photos and videos, and you authorize their use in this fashion. On the flip side, if you take any photos or videos of attendees at a Battery Effect Event and provide them to us, you authorize us to use them in the same fashion, and represent that the attendees that appear in your photos and videos have also consented to such use.
We don't control Non- Battery Effect Events or the people that organize them. It's possible that organizers or attendees of Non- Battery Effect Events will take photos or shoot videos in which you appear and then post them online (including, possibly, the Battery Effect site). By RSVP'ing to a Non- Battery Effect Event through the Battery Effect site, you authorize Battery Effect ‘s use of such media for promotional purposes.
ASSUMPTION OF RISK / RELEASE OF LIABILITY / INDEMNITY
(a) Assumption of Risk. Although we try to create a safe environment at Battery Effect Events, accidents or other bad things happen, even to good people. We ask that you do your part to help limit the possibility that you might get injured at a Battery Effect Event.
You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate at a Battery Effect Event. For example, you should ensure that you are in good physical health before engaging in any physical activity at a Battery Effect Event, and you should always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired. Second, please note that some of the other Battery Effect Event guests may be less responsible than you and may themselves create additional risk to you despite their best intentions.
In sum, you understand that your attendance and participation at Battery Effect Events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.
By the same token, you agree that Battery Effect is not responsible for any injuries or accidents that you might sustain at Non- Battery Effect Events listed on the Battery Effect site.
(b) Release of Liability. You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue Battery Effect and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorney’s fees) which may arise out of, result from, or relate in any way to your attendance at any Battery Effect or Non- Battery Effect Event, except, of course, for any gross negligence or willful misconduct on our part.
(c) Indemnity. By the same token, you agree to indemnify and hold Battery Effect, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at any Battery Effect or Non- Battery Effect Event.
While we hope not to, Battery Effect may prohibit your attendance at any Battery Effect Event at any time if you fail to abide by these Event Terms, the Terms of Service, or for any or no reason, without notice or liability of any kind. In the event of any termination, whether by you or us, Sections of translations, photos, assumption of risk/release of liability/ indemnity, termination, choice of law and venue, general terms, unofficial Battery Effect events, of these Event Terms will continue in full force and effect.
CHOICE OF LAW AND VENUE
California law will govern these Event Terms, as well as any claim, cause of action or dispute that might arise between you and Battery Effect (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.
You agree that you will not represent yourself as an employee, representative, or agent of Battery Effect (unless, of course, you are actually employed by Battery Effect, in which case these Event Terms will govern your participation in any Battery Effect Event to the extent such Terms are not inconsistent with Battery Effect 's standard employment agreements or policies). We reserve the right to cancel any Battery Effect Event at any time, for any reason, and without liability or prejudice. Any failure on Battery Effect 's part to exercise or enforce any right or provision of the Event Terms does not constitute a waiver of such right or provision. If any provision of the Event Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Event Terms shall otherwise remain in full force and effect and enforceable.
UNOFFICIAL BATTERY EFFECT EVENTS
From time to time, members of the Elite Squad and the Battery Effect Community organize their own meet-ups and events. Although Battery Effect representatives sometimes join in the fun, Unofficial Battery Effect Events are Non- Battery Effect Events and are not sponsored or endorsed by Battery Effect, even when they are promoted on the Battery Effect website. If you organize a Unofficial Battery Effect Events, you agree to (a) promote it as such, and (b) not create the impression that it is sponsored or endorsed by Battery Effect. All terms and conditions relating to Non- Battery Effect Events apply equally to Unofficial Battery Effect Events.
Last Updated on June 23, 2019
We do not take kindly to those who abuse the intellectual property rights of others. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
Identification of the copyrighted or trademarked work that you claim has been infringed;
Identification of the allegedly infringing content, and information reasonably sufficient to permit Battery Effect to locate it on the Site (e.g., the URL for the web page on which the content appears);
A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
At the same time, we do not take kindly to those who abuse the scope of their own intellectual property rights. If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:
Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which Battery Effect is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to Battery Effect, or an agent of such person;
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
You can send us your copyright or trademark notices to either of the contact information provided in the previous sections.
Third Party Terms
Last Updated on June 23, 2019
Some of the Third Party Content, including some of the business listing information and business photos on the Site, is the proprietary and copyrighted work of Battery Effect Inc.,. You may not distribute, sell, rent, sub license, or lease such Third Party Content, in whole or in part to any third party; and you may not use it for any other purpose other than your personal, non-commercial use.
If you use an Apple mobile device (including but not limited to iPhone and iTouch) with the Battery Effect services or applications, you agree to the following terms and conditions to the extent they apply to your use of the Apple mobile device:
Scope of License: The license granted to you for the Licensed Application is a limited non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Support: Third parties are not responsible for any maintenance, support, intellectual property or warranty claims for the Licensed Application. You acknowledge that iTunes has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed Product.
U.S Government Embargo: You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country.
Third Party Beneficiaries: You acknowledge and agree that iTunes, Apple, and Apple's subsidiaries, are third party beneficiaries of the Licensed Application End User License Agreement or any other end-user license agreement for any licensed Product, and that, upon Your acceptance of the terms and conditions of such license, iTunes will have the right (and will be deemed to have accepted the right) to enforce such license against You as a third party beneficiary thereof.
Third-Party Software Credits, Attributions, and Licenses: You acknowledge and accept the following Third-Party Software terms below as they apply to portions of Battery Effect applications:
Portions related to Eigen are governed by the MPL2 license.
Portions related to LIBSVM are the copyrighted work of the authors of LIBSVM and are governed by LIBSVM's license.
Portions related to zlib are the copyrighted work of the authors of zlib and are governed by the zlib license.
Portions related to Google protobuf are the copyrighted work of Google, Inc., and are governed by protobuf's license.
If you use a Palm mobile device with the Battery Effect services or applications, you agree to the following terms and conditions to the extent they apply to your use of the Palm mobile device: