Privacy Policy
Last updated: April 19, 2023
This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information when you use the Service and tells you about your privacy rights and how the law protects you.
We use your Personal data to provide and improve the Services. By using the Services, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services or use any of the Services.
If you are using the Services on behalf of a company, you accept and agree to be bound by this Privacy Policy on behalf of such company and represent and warrant to us that you have the right to so bind the company. Reference to “you” herein shall be to both you personally and the company you represent.
This Privacy Policy is subject to change, you can review the most current version at any time on this page. We reserve the right to update, change or replace any part of this Privacy Policy by posting updates and/or changes on the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
ShapeIf you reside in California, you may have additional data rights. Please refer to the “California Privacy Rights” section below.
1. Definitions
For the purposes of this Privacy Policy:
“Company” (referred to herein as either the "Company", "We", "Us" or "Our") means Remarkly Corporation, a Delaware corporation. For the purpose of the GDPR, the Company is the Data Controller.
“Cookies” means small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
“Data Controller”, for the purposes of the GDPR (General Data Protection Regulation), means the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
“Device” means any electronic device that can access the Service such as a computer, a cellphone or a digital tablet.
“Personal Data” means any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.
“Services” means the online services, website, and software provided on or in connection with the service provided by Remarkly under this Agreement and as detailed on Remarkly’s website at www.remarkly.io.
“Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
“Third-party Social Media Service” means any website or any social network website through which a user can log in or create an account to use the Service.
“Usage Data” means data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
“Website” means https://www.remarkly.io
“You” means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable. Under GDPR (General Data Protection Regulation), you can be referred to as the Data Subject or as the user as you are the individual using the Services.
2. Data Collection
We collect certain information about you when you visit our Services. This information may personally identify you or have the potential to personally identify you (“Personal Information”). This section describes the Personal Information we collect and the sources of that information.
Information We Collect
- Identifiers: We may collect your full name, email address, physical address, phone number, social network data, IP Address, device ID, third-party account information or other similar identifiers. We may also collect any other Personal Information that you provide to us, such as social media identifier or language preference.
- Internet or Other Electronic Network Activity Information: We may collect information regarding your interaction with the Services, including time of visit and geolocation data, pages visited, links clicked, emails opened, language preferences, and the pages that led or referred you to our Services. We may also collect information automatically from your device, such as device type, operating system name and version, browser information, device manufacturer and model, language, plug-ins, and add-ons.
- Geolocation Data: We may collect your physical location or infer your physical location based on your IP address, mailing address, or other network or voluntarily provided information.
- Payment Information: In order to process your order, we collect credit card information or other payment information you provide to us.
- Professional or Employment-related Information: We may collect job-related information from you, such as your company name, job title, and industry.
- Branding and Trademark Information: We may collect logos, brand names, trademarks, and purchase history.
You may refuse to provide, or request that we delete, certain categories of Personal Information we have about you. However, if our collection of the Personal Information is required by law or contract or is necessary for you to access or use the Services, we may be unable to provide the Services to you.
3. Data Sources
We may automatically collect certain information about the mobile device, computer or other devices that you use to access the Services through commonly used information-gathering tools, such as cookies and web beacons (see our Cookies section below).
You provide some Personal Information to us directly. For example, you provide Identifiers, such as name, email address, phone number, and billing address, and Payment Information for us to process your order.
We may generate information about you based on our relationship with you or your use of the Services. Such information may be aggregated or anonymized before we process it.
Third parties or public sources may provide us with certain Personal Information. For example, we may collect Personal Information from publicly accessible social media profiles and posts, private third parties, law enforcement, or public sources. We may collect certain information from analytics providers, advertising partners, and social media networks.
4. Data Usage
This section describes the purposes for which we process your Personal Information. We process your Personal Information:
- To perform our contractual obligations to you. This includes but is not limited to providing you access to the Services and, specifically, the Services; processing customer service requests; sending you order confirmations and updates; processing payment for your orders; performing our contractual obligations to you under our Terms of Use; performing the task for which you provided the Personal Information and providing you with access to the products and Services you purchase from us.
- For legitimate business interests which outweigh the general privacy rights of individual data subjects. This includes but is not limited to analyzing and improving our Services and business operations; ensuring the security and availability of the Services; and monitoring use of the Services to prevent fraud or abuse.
- To comply with a legal obligation or requirement. We use and process your Personal Information when we believe doing so is necessary to comply with laws and regulations, pursuant to a judicial authorization, or to exercise or defend our legal rights or those of a third party.
- With your consent. We process your Personal Information if we obtained your affirmative consent to such processing, such as to send you our newsletter and other marketing communications that you requested, or to respond to inquiries and questions that you initiated.
If we need to process your Personal Information for a purpose other than that for which the information was initially collected, we will provide you with information about that other purpose before we further process your Personal Information.
5. Data Sharing and Disclosure
We may share your Personal Information with third parties:
- With your consent. We share your Personal Information if you affirmatively consent to it. If we are legally obligated to obtain your consent prior to sharing your Personal Information, we notify you of the specific purpose for which we are obtaining your consent, and we do not share beyond that purpose without notifying you of and obtaining additional consent for further disclosure.
- With third party service providers and agents. We share Personal Information with a limited number of service providers who process it on our behalf to process payments (e.g., Stripe) or to provide or improve our business functions, and who have agreed to privacy restrictions similar to the ones in our Privacy Policy by making similar commitments.
- For legal disclosure. We may share your information with third parties when we reasonably believe disclosure is required or permitted in order to comply with a subpoena, court order or other applicable law, regulation or legal process.
- To protect us or others. We may share your information to the extent we believe that sharing such information is necessary to protect the rights, property, or safety of us, our products or services, our customers, or others.
- As aggregate information. We may share certain aggregated, non-personally identifying information internally or with others for purposes of research, reporting, and benchmarking.
- As a result of merger or sale of our business. We may share Personal Information if we are involved in a merger, sale, financing, liquidation, bankruptcy or acquisition of corporate entities or business units.
We do not sell any Personal Information for any reason.
6. Data Access and Control
To request to access, view, control or delete any Personal Information we have of yours, please email us at info@remarkly.io. We may not be able to provide the Services if you request we delete your Personal Information. You may be able to access, view, control and delete your Personal Information through the Services directly.
7. Data Retention
We retain your Personal Information according to applicable laws or regulatory requirements and keep it as long as is necessary to fulfill the purposes described in this Privacy Policy or for which the personal data was collected.
8. Data Security
While no online service is 100% secure, we work to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so. We monitor our Services for potential vulnerabilities and attacks, and we use a variety of security technologies and organizational procedures to help protect your personal data from unauthorized access, use, or disclosure. We also limit access to your Personal Information to those personnel with a need to know in order to perform job duties for us.
9. Children’s Privacy
We do not collect Personal Information about or from persons under the age of thirteen. If you are under the age of thirteen you CANNOT use the Services.
10. Third Party Links
We may provide content on the Services that links to third-party websites. For example, we may post links to our social media profiles so you can find us easily. We do not control, and are not responsible for, third parties’ privacy practices and content. When you click on a link to a third-party site, the third party may collect your personal information, which will be governed by the third party’s privacy policy. Please read the third party’s privacy policy to learn about how they collect and process your personal information.
12. Miscellaneous
Links to Other Websites
Our Service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Website prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Information
If you have any questions about this Privacy Policy, you can contact us by email: info@remarkly.io.
