2022/12/12 DaySmart Recreation DaySmart Recreation Service Agreement
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DaySmart Recreation Service Agreement
The City of Menifee (“Customer” or “You”) and DaySmart, (“DaySmart Recreation” or “DSR” or “We”)
agree to enter into this Service Agreement which covers all of the terms described herein, including the
terms described below, any Exhibits, and the DaySmart standard Terms of Service at
https://www.dashplatform.com/terms-of-service/ (see Terms of Service attached to this agreement)
(collectively, the “Agreement”). This Agreement will commence on the date the Agreement is signed by
both parties (“Effective Date”) and will be in force for 12months (the “Initial Term”).
Subscription Fees: 1% of processed revenue with a $5,000 Minimum Annual fee
Implementation and Training Fees:
● Pro Service Plan – NO CHARGE
● Phone/Web-Based Services (standard) - Standard rate of $120/hour
● The Implementation and Training Fees quoted are an estimate that we believe will be needed to
do this work. If we reach the estimate and the Implementation and Training work is not
complete, we will notify you in writing and provide an estimate for work needed to complete
the Implementation and Training work.
● Implementation and Training work includes the following:
o Implementation Phase - Business Process Review, Database Configuration, and Training
Plan.
o Training Phase - System Administrators, Program Leaders, Customer Service Managers,
Marketing, Financial, Bookings/Rentals, and Front Desk.
● GO LIVE - No Charge, Dedicated Customer Support person through the GO LIVE period.
● Post GO LIVE - No Charge, Dedicated Customer Support person for 30 days post GO LIVE.
● Support - No Charge, Including the Online Help Center, Email support, Online Chat, Phone, and
Emergency.
Additional Fees
● Credit Card Processing Fee: NO CHARGE
● Waivers: NO CHARGE
Optional Features and Associated Fees
● HelloSign Electronic Signatures: $0.99 per transaction. Electronic Signatures are different from
waivers. Electronic Signatures are a tool for you to execute agreements with your clients,
customers, or staff (e.g. rental contracts or instructor contracts)
● Online Rental Booking and purchase: $49/month.
● Restaurant POS: $50/month (This feature is for full-service restaurants that require orders to
process to a kitchen).
● Data Import and other IT Services: charged at $225/hour. Estimates will be provided and
charges agreed to in writing before the work is performed.
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Payment Terms
● Subscription Fees – Are invoiced monthly at the beginning of each month and collected on the
10th of each month.
● Implementation and Training Fees - 50% of the quoted fees are invoiced upon execution of this
Agreement and payable thirty (30) days after receipt of the invoice. The remaining 50% of the
fees are invoiced monthly based on the time worked in a given month until the Implementation
and Training work is complete. These fees are invoiced monthly and collected on the 20th of each
month.
● Additional Fees – Are invoiced based on actual usage on a monthly basis and are collected on the
10th of each month.
● Notes:
○ Payment will be accepted by ACH funds transfer or by credit card; checks are not
accepted. If payment is made via ACH, the payment will be initiated by Dash. Payment by
credit card will incur a 3% fee.
○ After the Initial Term, DaySmart Rec reserves the right to increase the monthly service fee
by 5% annually.
○ In the event of any delinquency in payment, We may, at Our discretion: (i) add an
additional 1.5% (or the highest amount allowed by law, whichever is lower) per month to
the fees, (ii) suspend your access to and use of DaySmart Rec Services, or (iii) terminate
this Agreement upon notice. Charges do not include any applicable sales, use or other
taxes, which (other than Our taxes on our income or profits) are the responsibility of the
Client. You will be liable for any fees incurred by Us in connection with the collection of
unpaid charges.
Customer Service and Support
The following Customer Support services are included in your monthly Subscription Fees:
● Online Support Library - Includes videos, tutorials, white papers, how-to guides, & help FAQ’s.
● Online Chat - Communications via Chat with the DaySmart Customer Service team.
● Email - Communications via Email with the DaySmart Customer Service team.
● Phone - Communications via Phone with the DaySmart Customer Service team if the Online
Support Library, Chat and Email were unable to resolve an issue.
● Emergency Support - Available 24 hours a day, seven days a week to resolve outage issues or
compromised service issues.
● Customer Support hours - 7:00 AM - 5:00 PM PST, Monday through Friday. After hours, the
Customer Service team monitors the Chat and Email inbound queues and respond as necessary.
Termination
Either party may terminate this Agreement (i) upon sixty (60) days written notice to the other party if the
other party materially breaches any provision of this Agreement and such breach remains uncured at the
expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any
other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of
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creditors. Additionally, DaySmart Recreation may terminate this Agreement as set forth in the Terms of
Service. Either party may terminate this Agreement without a cause with 90 days written notice.
Miscellaneous
Notices to Dash: Email: support@dashplatform.com or Post: DaySmart Recreation 3520 Green Court,
Suite 250, Ann Arbor, MI 48105 Attn: Don Amick. Notices to Client: Email: mcornejo@cityofmenifee.us
You may not assign or transfer the Agreement, in whole or in part, whether by merger, operation of law,
or otherwise, without Our prior written consent. The Agreement is the complete and exclusive agreement
and understanding between the parties.
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Terms of Service
Dash Platform, LLC dba DaySmart Recreation (“DaySmart Recreation”, “We”, ”Our” or “Us”) provides its
Services to you (“You” or “Your”) through its web site located at daysmartrecreation.com (the “Site”),
subject to these Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE SITE
OR USE THE SERVICES OR CONTENT. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICES OR THE
SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY REGISTRATION PROCESS VIA THE
SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
By accepting these Terms, or by accessing or using the Service or Site, You represent and acknowledge
that You have read, understand, and agree to be bound by these Terms, and that the information You
provide to DaySmart Recreation via the Service or the Site is accurate, complete, and is Yours or within
Your right to use. If You are entering into these Terms on behalf of a company or another legal entity,
You represent that You have the authority to bind such entity and its subsidiaries and affiliates to these
Terms. If You do not have such authority, or if You do not agree with these Terms, You must not accept
these Terms and may not use the Service.
You acknowledge that these Terms constitute an agreement between You and Us, even though it is
electronic and is not physically signed by You and Us, and that these Terms govern Your use of the
Service and supersede any prior version of these Terms.
Description Of Service
The “Service” includes the Site and applications (“Apps”), and services provided to You through the Site
including all software, data, text, images, sounds, videos, and other content made available through the
Site (collectively, “Content”). Any new features added to or augmenting the Service are also subject to
these Terms.
We make commercially reasonable efforts to have the Site, Apps and services available 24×7, except for:
(a) planned downtime or (b) circumstances beyond Our reasonable control, such as, but not limited to,
acts of God, acts of government, acts of terror or civil unrest, technical failures, or failures of our
vendors or suppliers.
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General Conditions/Access And Use Of The Service
Subject to the terms and conditions of these Terms, You agree to access and use the Service only for Your
business purposes as contemplated by these Terms, or as otherwise authorized by DaySmart Recreation
in a writing signed by DaySmart Recreation (the “Sports Facilities Service Agreement”). Except Your limited
right to access and use the Service as expressly granted to You here, all rights, title and interest in and to
the Service and its components, including all related intellectual property rights, will remain with and
belong exclusively to Us and Our third-party vendors.
You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise
commercially exploit or make the Service available to any third party, other than as expressly permitted
by these Terms; (b) use the Service to process data on behalf of any third party, (c) modify, adapt or hack
the Service to falsely imply any sponsorship or association with Us, or otherwise attempt to gain
unauthorized access to the Service or its related systems or networks; (d) use the Service in any unlawful
manner, including but not limited to violation of any persons privacy rights, infringing any person’s
intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation
of applicable law, (e) use the Service in any manner that interferes with or disrupts the integrity or
performance of the Service and its components; (f) attempt to decipher, decompile, reverse engineer or
otherwise discover the source code of any software making up the Service; (g) use the Service to
knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene,
discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful
software; or (h) try to use, or use the Service in violation of these Terms.
You are responsible for all information, data, text, messages or other materials that You post or otherwise
transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account,
and are fully responsible for any and all activities that occur under Your login or account.
Our failure to enforce at any time any provision of these Terms does not constitute a waiver of that
provision or of any other provision of these Terms.
Data Privacy And Security
In providing You the Service, We shall use commercially reasonable efforts to maintain appropriate
administrative, physical and technical safeguards designed to protect the security, confidentiality and
integrity of Your data. These safeguards include, where applicable, encryption of Your data in transmission
(using SSL or similar technologies), except for external third party integrations that do not support
encryption, which You may link to the Service at Your choice.
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You agree that We can access Your account information in order to provide you the Service. We
will not disclose such data except if compelled by law, permitted by You, or pursuant to the
terms of the Our Privacy Policy attached hereto as Exhibit A.
DaySmart Recreation will use commercially reasonable efforts to secure the storage, transmission, and
processing of Payment Data that flows through its systems. DaySmart Recreation will use commercially
reasonable efforts to use validated PCI DSS Service Providers to facilitate the storage, transmission and
processing of Payment Data. DaySmart Recreation will use commercially reasonable efforts to maintain
compliance with PCI DSS requirements. At no point is cardholder data intentionally stored on Our
systems and at no point does intentionally unencrypted cardholder data flow through Our network.
Subject to the limitations within these terms, We will use, and You hereby grant us the right to use, Your
data for the purpose of creating anonymized aggregated data. You agree that We will have ownership of
any derivative data created from such data, so long as it is anonymized in such a way that it cannot
reasonably be attributed back to You and/or any of Your users. You agree that we have the right to use or
license such derivative data for any other purpose, including for DaySmart Recreation or third party
products or services.
Your data is hosted by Amazon Web Services in the U.S.A.
California Consumer Privacy Act of 2018 (“CCPA”). The terms in this section apply only to Your
customers that are California residents.
1. DaySmart Recreation will not sell personal information, defined to mean Personal Information
Processed by DaySmart Recreation in the course of providing services under this Agreement, or
any other confidential or proprietary data, information or materials (collectively, “Your Data”)
arising from or related to this Agreement. The terms, “Selling”, “Personal Information”, and
“Processing” shall have the meanings as set forth in the CCPA; and
2. DaySmart Recreation will not retain, use, Sell, combine or disclose Your Personal Information or
Your Data for any purpose (other than for the specific purpose of performing the services in this
Agreement) and outside of the direct business relationship between the parties associated with
the Your Personal Information and DaySmart Recreation.
3. To the extent any Deidentified Personal Information is included in Your Personal Information,
DaySmart Recreation undertakes as follows:
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4. DaySmart Recreation shall not make any attempts to re-identify the Deidentified Personal
Information.
5. DaySmart Recreation has implemented and will maintain technical safeguards that prohibit re-
identification of Deidentified Company Personal Information.
6. DaySmart Recreation has implemented and will maintain business processes that specifically
prohibit re-identification of information and prevent inadvertent release of Deidentified Personal
Information.
7. DaySmart Recreation will periodically reassess its technical safeguards and processes to ensure
that they are still adequate to prevent the re-identification of information or inadvertent release
of Deidentified Personal Information.
8. Consumer Requests. DaySmart Recreation shall, without undue delay, acknowledge Your request
or instruction regarding the exercise of any consumer privacy rights under the law, including
without limitation, the CCPA (“Consumer Requests”).
9. DaySmart Recreation will provide reasonable assistance to You to enable You to respond to
consumer requests to exercise their rights under the CCPA or other applicable laws. If DaySmart
Recreation receives a request from You to provide access to a consumer’s Personal Information,
which is Processed by DaySmart Recreation, then, to the extent DaySmart Recreation is able to
verify the consumer’s identity based on information provided by You, DaySmart Recreation will,
without undue delay, provide You with access to such information using a mutually acceptable
format or mechanism.
10. If DaySmart Recreation receives a request from You regarding the opt out of a Sale (as such term
is defined under CCPA) of Your Personal Information of a consumer, the Parties will discuss in
good faith whether such request is relevant to the Processing of Your Personal Information by
DaySmart Recreation and the best manner to address such requests.
11. If DaySmart Recreation receives a request from You to return or delete Your Personal Information
of a consumer, which is Processed by DaySmart Recreation, then, to the extent DaySmart
Recreation is able to verify the consumer’s identify based on information provided by You, and
unless prohibited under applicable laws, DaySmart Recreation will, without undue delay and, at
Your election (i)return a complete copy of all Your Personal Information in such format and
manner requested by You and (ii) comply with the request to delete by de identifying the Your
Personal Information or aggregating Your Personal Information.
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12. If DaySmart Recreation receives a request from a consumer to exercise any of the rights provided
to the consumer under CCPA or applicable data protection laws, then DaySmart Recreation will,
without undue delay, respond to the consumer with a response that will include: (i) an
explanation that DaySmart Recreation received the request but may not answer directly; (ii) a
statement directing the consumer to submit the request directly to You; and (iii) the Your contact
information. To the extent DaySmart Recreation is legally required to provide a different
response, DaySmart Recreation, to the extent permitted by such applicable law, will inform You
of that legal requirement before it responds to the request.
Intellectual Property Rights
We expressly reserve all rights, title and interest in and to all our patents, inventions, copyrights,
trademarks, domain names, trade secrets, know-how and any other intellectual property and/or
proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You to use the Service
under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights
associated therewith. You grant to Us a royalty-free, worldwide, transferable, sub-licensable, irrevocable
and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement
requests, recommendations or other feedback We receive from You. Our product and service names, and
logos used or displayed on the Service are Our registered or unregistered trademarks (collectively,
“Marks”), and You may only use such Marks to identify yourself as a customer and user of the Service;
provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the
distinctiveness of the Marks, use any confusingly similar marks, or use the Marks to disparage or
misrepresent Us, or Our services or products.
Third Party Services
External Sites. The Service may contain links to, or otherwise may allow You to connect to and use third
party products, services or software under separate terms and conditions (collectively, “Other Services”)
in conjunction with Our Service. If You decide to access and use Other Services, be advised that Your use
is governed solely by the terms and conditions of such Other Services, and We do not endorse, are not
responsible for, and make no representations as to such Other Services, their content or the manner in
which they handle Your data. We are not liable for any damage or loss caused or alleged to be caused by
or in connection with Your access or use of any Other Services, or Your reliance on the privacy practices
or other policies of Other Services.
Integration. The Service may contain features that enable various Other Services (such as social media
services like Facebook and Twitter) to be directly integrated into Your experience. To take advantage of
these features, You will be required to register for, or log into, such Other Services on their respective
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websites. By enabling third party services within the Service, You are expressly allowing Us to pass Your
log-in information to these Other Services for this purpose.
Cancellation And Termination
We reserve the right to (i) modify or discontinue, temporarily or permanently, any of the Apps or the
Service (or any part thereof) and (ii) refuse any/all current and future use of the Service, or suspend or
terminate your account if We believe that You have violated these Terms. We will use commercially
reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your
account. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination
of Your use of the Service, and may be referred to law enforcement authorities. You agree that We are
not liable to You, or any third party, for any modification, suspension or discontinuation of the Service in
accordance with this paragraph. Please note that City has the ability to terminate the Agreement if the
Consultant materially changes the service.
Disclaimer Of Warranties
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE
FULLEST EXTENT PERMITTED BY LAW. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU
ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, ERROR-FREE OR VIRUS-FREE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS PARAGRAPH.
Limitation Of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT,
NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR SUCH PARTY’S AFFILIATES OR
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO
THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR
BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY IN
CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. THE LIMITATIONS OF THIS
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SECTION DO NOT APPLY TO YOUR INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL
PROPERTY RIGHTS10.2 NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY IN
THESE TERMS, OUR (INCLUDING ANY OF OUR AFFILIATES) AGGREGATE LIABILITY, FOR DAMAGES
(MONETARY OR OTHERWISE) CLAIMED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO
OUR SERVICE OR SITE, SHALL BE LIMITED TO THE LESSER OF (I) ACTUAL DAMAGES INCURRED, OR (II)
PAYMENTS MADE BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO
ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN
THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE
WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED
ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. 10.3 Some states do
not allow the exclusion of implied warranties or limitation of liability for incidental or consequential
damages, which means that some of the above limitations may not apply to You. In these states, our
liability will be limited to the greatest extent permitted by law.
Nothing in Section Limitation of Liability shall limit City’s right to secure an alternative provider for t he
agreed upon services and right to reimbursement for the reasonable difference in price in the event Dash-
Platform fails to fully perform its obligations under this Agreement.
Indemnification
Indemnification by Us. We will indemnify and hold You harmless, from and against any claim against You
by reason of Your use of the Service as permitted hereunder, brought by a third party alleging that the
Service infringes a valid U.S. patent or copyright, or misappropriates a third party’s trade secret (such
claims, collectively, “Claim”). We shall, at our expense, defend such Claim and pay damages finally
awarded against You in connection therewith, including the reasonable fees and expenses of the
attorneys engaged by Us for such defense, provided that (i) You promptly notify Us of the threat or notice
of such Claim, (ii) We have the sole and exclusive control and authority to select defense attorneys, defend
and/or settle any such Claim, and (iii) You fully cooperate with Us in connection therewith. If Your use of
the Service has become, or in Our opinion is likely to become, the subject of any such Claim, We may at
our option and expense (a) procure for You the right to continue using the Service as set forth hereunder;
(b) replace or modify the Service to make it non-infringing; or (c) if options (a) or (b) are not reasonably
practicable, terminate these Terms and repay You any unused Service fees. We will have no liability or
obligation with respect to any Claim if such claim is caused in whole or in part by (i) compliance with
designs, data, instructions or specifications provided by You; (ii) modification of the Service by anyone
other than Us; or (iii) the combination, operation or use of the Service with other hardware or software
where the Service would not by itself be infringing. The provisions of this Section state our entire liability
to You and constitute Your sole remedy with respect to a Claim brought by reason of Your permitted use
of the Service.
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Indemnification by You. You agree to defend, indemnify, and hold Us harmless from and against any
claims, actions or demands, including, without limitation, reasonable legal and professional services fees,
arising or resulting from Your breach of these Terms, or Your or Your end users’ access to, use, misuse or
illegal use of the Service. We will provide You notice of any such claim, suit, or proceeding. We reserve
the right to assume the exclusive defense and control of any matter which is subject to indemnification
under this section, in which case You agree to cooperate with any reasonable requests to assist Our
defense of such matter.
Assignment; Entire Agreement; Revisions
We may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee
agrees to be fully bound by these Terms. You may assign or transfer these Terms, in whole or in part, with
Our prior written consent, which may be withheld in our sole discretion provided that our consent shall
not be unreasonably withheld. These Terms supersede prior versions of these Terms, or any other
discussions, agreements or understandings by or among the parties (other than written agreements, such
as a Sports Facilities Service Agreement , expressly accepted and executed by both parties). We may
amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will
notify You of any changes that have a material adverse effect on you, and direct You to the latest version.
Severability
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such
provision shall be modified by the court and interpreted so as to best accomplish the original provision to
the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
Export Compliance And Use Restrictions
Content and software components of the Service are subject to U.S. export control and economic
sanctions laws. You agree to comply with all such laws and regulations as they relate to such software and
Content, and access and use of the Service. You shall not access or use the Service if you are located in
any jurisdiction prohibited by U.S. Laws, and You shall also not provide access to the Service to any
government, entity or individual located in any such jurisdictions.
Relationship Of The Parties
The parties are independent contractors. These Terms do not create a partnership, franchise, joint
venture, agency, fiduciary or employment relationship among the parties.
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Survival
Sections (General Conditions/Access and Use of the Service), (Intellectual Property Rights), (Billing, Plan
Modifications and Payments), (Cancellation and Termination), (Disclaimer of Warranties), (Limitation of
Liability), (Indemnification), (Assignment; Entire Agreement; Revisions), (Severability), (Export Compliance
and Use Restrictions), (Relationship of the Parties) and (Governing Law; Venue; Attorney’s Fees) will
survive any termination of these Terms.
Governing Law; Venue; Attorney’s Fees
These Terms shall be governed by the laws of the State of California without regard to conflict of laws
principles. Exclusive venue for any legal action shall be in the federal and state courts of the State of
California, RiversideCounty. We hereby expressly agree to submit to the exclusive personal jurisdiction of
such courts for the purpose of resolving any dispute relating to Your access to or use of the Service. In the
event of any legal action between You and Us, the substantially prevailing party shall receive from the
losing party its reasonable costs and attorney’s fees incurred in the action and in any appeal.
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EXHIBIT A
PRIVACY POLICY
DaySmart Software, the makers of DaySmart Recreation, appreciate the trust you place in us and we are
committed to respecting your privacy and the security of your personal information. Our privacy policy
describes the information we collect and how we use it.
Whether you purchase products through DaySmart Recreation’s website or via mail or phone, or which
are delivered to you through the DaySmart Recreation Cloud website, any personal information that you
may share with us (and with the business partners that help this site function or assist us in fulfilling your
order) is kept absolutely private.
Types of Personal Information We May Gather
• Purchases — When you place an order, you give us your name, address, phone number, or e-mail
address, and, in some cases, credit card information. You authorize us to store your name and
shipping address(es), and optionally, credit card and billing information. If you purchase under a
payment plan, you may authorize us to store your credit card information.
• Trial version requests — We need your name and email address and phone number in order for
you to download a trial version of our software.
We maintain the data that you provide us, along with a record of your purchases, in a secure
database.
Using Information We Collect
At DaySmart Software, Inc., we always want to provide you with the best possible experience and fulfill
your orders exactly as you’ve requested. In order to do this, we use the information we collect to:
• Process and track your order
• Provide the products and services you request
• Contact you about the status of an order
• Contact you regarding promotional offers we believe will be of interest to you
• Identify your product and service preference
• Customize our communications to you
• Provide information concerning product recalls or products you have purchased
• Improve our merchandise selection and customer service
How We Use Cookies
As with most other websites, we collect and use the data contained in log files comprised only of basic
service interaction/page downloads and/or errors. We use web sessions for the temporary storage of
basic information to help display the appropriate content on the page to you. Cookies are unique
identifiers that we transfer to your device to enable our systems and advertising partners to recognize
your device and to provide features such as retargeting personalized advertisements on other websites
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based on your interaction with DaySmart Recreation product software sites. These cookies do not collect
personal information such as your name, email address, postal address or telephone number
Our Business Partners
In order to supply, ship, and track merchandise, we make your name and address available to our
hardware suppliers and such companies as Dell Computers, BlueStar, United Parcel Service, Federal
Express, and the U.S. Postal Service. We provide these companies with only the information they need to
supply merchandise that you have ordered and perform their services. We do not authorize these
business affiliates to use your personal information for any other purpose. From time to time we provide
the information to trusted partners who work on behalf of or with DaySmart Recreation under
confidentiality agreements. These companies may use your personal information to communicate with
you about offers from DaySmart and our marketing partners. However, these companies do not have any
independent right to share this information with any other party. Except as stated above, neither your
name nor anything about you is sold or shared with any other non-affiliated company or agency.
How We Use E-mail
When you provide us with your email address, we may send you emails necessary to process your order
or respond to a request.
Links to Other Sites
Occasionally, we provide links on our websites to other sites we think you will find useful in your business.
These sites operate independently of DaySmart Recreation and have established their own privacy and
security policies. For the best online experience, we strongly encourage you to review these policies at
any site you visit.
Cloud Services, Security, and Data Retention
It is our intent to protect against the loss, misuse, or alteration of information that we have collected
from you. We use a variety of current technologies and processes for the protection of our customer
data. For example, we store the personal information we collect on computer systems with limited
access, which are located in controlled facilities. When we transmit highly confidential information (such
as a credit card number or password) over the Internet, we protect it through the use of encryption,
such as the Secure Socket Layer (SSL) protocol.
We permanently delete all personal information obtained in the course of delivery of products and
services to you through the DaySmart Software Cloud website when you no longer subscribe to those
products or services, after 90 days or immediately upon your request. We limit the information we
provide to outside companies with whom we contract to only what they need to carry out their
responsibilities. When you make a purchase or request a trial on our website, your transactional
information is transmitted in a safe, encrypted format.
Privacy of Children on Our Web Site
Our website is not intended for use by children under the age of 13, and we do not knowingly collect
personal information from children under the age of 13. If a child has provided our website with personally
identifiable information, we ask that a parent or guardian call (248) 491-0200 and we will delete the
information about the child from our files.
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Your Consent
By using our website you consent to our use of information that is collected or submitted as described in
this online privacy policy.
Policy Changes
From time to time we may use customer information for unanticipated uses not previously disclosed in
our privacy notice. We may change or add to this privacy policy. If our information practices change, we
will post these changes on our website. We encourage you to review our privacy policy periodically.
Specific Privacy Disclosures for the European Economic Area
This section applies to data processing activities of data subjects residing in the European Economic Area
as well as, regardless of residence, to the processing of any such data occurring in the European
Economic Area.
“Personal Data,” for purposes of this section, means any information relating to an identified or
identifiable natural person (“data subject”). An identifiable natural person is one who can be identified,
directly or indirectly, in particular by reference to an identifier such as a name, an identification number,
location data, an online identifier or to one or more factors specific to the physical, physiological,
genetic, mental, economic, cultural or social identity of that natural person.
“Services” means any of our products, services, or deliverables.
“Site” means any website operated and controlled by us.
Pursuant to the European Union General Data Protection Regulation (GDPR), we function as a
“processor” for the Services we offer to our customers . The scope of applicable data protections and
processing for those Services are set forth in contractual agreements with our customers and are
therefore not covered by this Privacy Notice.
In our controller role, we process certain Personal Data in order to maintain and provide the Services to
our customers, such as this website, and our customer contact names, addresses, email addresses,
phone numbers, and other contact information for designated customer representatives or personnel
(“Customer Relationship Data”). In addition, we may send marketing materials or communications to
potential or existing customers (“Marketing Activities”). For purposes of Customer Relationship Data
and Marketing Activities, we function as a “controller.” Our disclosures with respect to our processing of
data as a controller are set forth in this section.
1. How We Collect and Use Personal Data
We collect data as described in the “Types of Personal Information We May Gather” section above. We
collect data when you submit it to us on our website or through other forms and when you make
purchases (including subscriptions), renew your software license, and when we activate our software for
you or service your account. We also use third parties such as Google Analytics to provide custo mer
analytics on our site. In the future, we may also use third parties for our own advertising purposes to
retarget ads to our site visitors
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2. How We Disclose Personal Data
Our disclosure is limited to circumstances where we are permitted to do so under applicable European
and national data protection laws and regulations. We share data with companies as necessary to obtain
CRM and cloud services and for order fulfillment whose practices are in line with GDPR.
3. Legal Basis for Processing
We collect and process your Personal Data for a variety of different purposes which are set out in
further detail in this section.
In some cases, we will ask for your consent so that we may process your Personal Data. However, in
certain circumstances, applicable data protection laws allow us to process your Personal Data without
needing to obtain your consent.
3.1. Processing Personal Data Where Consent Not Required
In certain cases, separate consent is not required, including:
• For the performance of a contract.
To perform our contractual obligations to you, including our fulfilling orders or purchases you
have made, contacting you in relation to any issues with your order or use of our Services, in
relation to the provision of our Services, or where we need to provide your Personal Data to our
service providers related to the provision of the Services, including for license activation and
management.
• To comply with legal obligations.
To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal
process.
• Legitimate Interests.
To operate our business and provide our Services (other than in performing our contractual
obligations to you) for our “legitimate interests” and for the purposes of applicable law, except
where such interests are overridden by the interests or fundamental rights and freedoms of the
data subject which require protection of personal data. Legitimate interests may include:
• To communicate with you regarding the Services and to address and respond to your requests,
inquiries, and complaints.
• For our direct marketing purposes.
• To send you surveys in connection with our Services.
• To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend
our rights and property, or the rights or safety of third parties.
• To develop, provide, and improve our Services.
• To enforce our Terms of Use, License Agreements, or this Privacy Notice, or agreements with
third parties
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3.2. Consent For Processing
In cases where we are not already authorized to process the Personal Data under applicable law, we may
ask for your consent to process your Personal Data, including:
• Marketing
We may ask for your consent for our partners or vendors to contact you by telephone, SMS, post
and/or email about other offers, products, promotions, developments or Services which we think
may be of interest to you and for other marketing purposes. For our own marketing, we will
contact you about our Services when you voluntarily provide us your information on our Site.
• Use of Cookies
Our Site uses cookies and similar technologies to improve user experience and for analytics. We
use our own cookies for authentication and session management as well as to understand how
our website is used
We use third-party cookies for analytics. Specifically, we use Google Analytics to improve our
site. We do not use Google Analytics to personally identify you. More information about
Google’s services, including Google Analytics, can be found
here: https://www.google.com/policies/privacy/partners/.
If you want to block or delete cookies, most major browsers will allow you to do this through
settings.
4. Withdrawing Your Consent
Where consent is the basis of processing, you may at any time withdraw the consent you provide for the
processing of your Personal Data by contacting us at support@daysmart.com, provided that we are not
required by applicable law or professional standards to retain such information.
If you want to stop receiving future marketing messages and materials, you can do so by clicking the
“unsubscribe” link included in our email marketing messages.
5. Data Subject Rights
You have the right in certain circumstances to request confirmation from us as to whether or not we are
processing your Personal Data. Where we are processing your Personal Data, you also have the right to
request access to, modification of, or deletion of such Personal Data. You also have the right in certain
circumstances to receive the Personal Data concerning you that you provided to us, to restrict processing
of your Personal Data, or to transmit such data to another controller.
As permitted by law, certain data elements may not be subject to access, modification, portability,
restriction, and/or deletion. Furthermore, where permissible, we may charge for this service. We will
respond to reasonable requests as soon as practicable and as required by law.
6. Data Retention
We will retain your Personal Data for as long as long as you maintain an account or subscription agreement
or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary
to comply with our legal obligations, resolve disputes, and enforce our agreements.
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7. Right to Lodge a Complaint With A Supervisory Authority
You may have a right to lodge a complaint with a supervisory authority.
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I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE TERMS
City of Menifee
OFFICER NAME: Armando G. Villa
Title: City Manager
Signature: ______________________________ Date: _____________________________
City of Menifee
APPROVED AS TO FORM:
OFFICER NAME: Jeffrey T. Melching
Title: City Attorney
Signature: ______________________________ Date: _____________________________
City of Menifee
ATTEST:
OFFICER NAME: Stephanie Roseen
Title: Acting City Clerk
Signature: ______________________________ Date: _____________________________
DaySmart Recreation
OFFICER NAME: Don Amick
Title: Vice President of Sales
Signature: ______________________________ Date: _____________________________
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11/10/2022
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12/8/2022
12/8/2022
12/12/2022