- appmakery.com has also certified certain of its services under the Swiss-US Privacy Shield and EU–U.S. Privacy Shield framework set forth by the U.S. Department of Commerce, the European Union and Switzerland
- We collect and use personal data to operate effectively and provide you the best experiences with our services. We only use your personal data where we have a proper legal basis for doing so.
- We do not sell, give, rent or trade your personal data to advertisers, marketers or spammers.
- If you provide personal data to us about your customers or clients, we will keep that information confidential and will only use it as necessary to provide the services you have purchased. We will not share such information with third parties, including advertisers or marketers or spammers.
- We take the security of your personal data seriously, and use industry standard safeguards to protect any personal data stored on our systems.
- We are not responsible for the privacy practices of any websites linked to our site if they are not controlled or owned by appmakery.com. Please be diligent when visiting any other websites.
- We like to send you information and updates via email but you are welcome to opt out of receiving this information at any time. We will ask your prior consent if required by the law of the country in which you are located.
Effective August 1, 2018
2. EU-U.S. PRIVACY SHIELD / SWISS-US PRIVACY SHIELD
appmakery.com participates in and has certified its compliance with the EU-U.S. Privacy Shield and Swiss-US Privacy Shield Framework. appmakery.com is committed to subjecting all Personal Data received from European Union (“EU”) member countries and Switzerland, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles.
We are accountable for the processing of Personal Data we receive from the EU or Switzerland under the Privacy Shield Framework and that we may subsequently transfer to third parties that we engage to process such data on our behalf (see “our use of information” below). In the event that the third parties process your Personal Data in a manner inconsistent with the Privacy Shield Principles, we are responsible if they do so and for the harm caused. In certain situations, appmakery.com may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
With respect to Personal Data received or transferred pursuant to the Privacy Shield Framework, appmakery.com is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider JAMS (free of charge) at https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim.
Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration if your complaint is not resolved through these channels.
3. THE INFORMATION WE COLLECT
- In some areas of the Site (such as when you set up an account or provide information for us to contact you or when you ask for additional information) and in connection with our Services, appmakery.com will collect Personal Data, including your name, address, e-mail address, telephone number, username[s], credit card number, billing information and other information which you voluntarily provide.
- If you request us to do so, by signing up for one of our services which involves collecting or tracking your Personal Data, we may collect your Personal Data from third-party sources and platforms (such as online review sites, social media sites or other sites on the Internet).
- As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the Site. This information is never sold, rented, traded or given to third parties such as advertisers, spammers or marketers, though in some cases it may be provided to a third party that has been engaged to provide certain services to us and that is under an agreement of confidentiality with respect to such personal data.
- We also collect analytical data related to the performance of this Site via tracking technologies. (See “Tracking Technologies” below.)
4. OUR USE OF INFORMATION
- In order to use certain areas of the Site, you may first be required to complete a registration form, including a username and password. During registration, you may be required to give contact information, such as your name and email address.
- We use this information to contact you about the services on the Site in which you have expressed interest. Specifically, we will send you a welcome email and will also email you when a report has been prepared for you related to the product(s) that you have selected. This use of your data is necessary to respond to or implement your request before we enter into a contract or, for our customers, it is necessary for the performance of the contract between you and us.
Special Offers and Updates
Using your name and email address, we may send you information on products, services, discounts and promotions related to appmakery.com. You can sign up for these emails on our registration page during the registration process. Out of respect for your privacy, we present you with the option not to receive these types of communications each time we send you such communications. Please see “Choice and Opt-out.” If you are an individual in the EU or Switzerland, we will only send you this information if you consent to us doing so at the time you provide us with your Personal Data (in such case, our legal basis for the processing of your Personal Data will be your consent, but you shall always have the option to unsubscribe).
The Site offers publicly accessible blogs. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. We urge you to consider the sensitivity of any information you input into these areas. To request removal of your Personal Data from our blog, contact us at [email protected].
- You can log in to the Site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Data with us, such as your name and email address, to pre-populate our sign up form. When you provide appmakery.com access to your account on these services, we will collect relevant information necessary to enable us to access that social media service, however you will provide your login information, like your password, directly to such service (and not to appmakery.com).
Social Media Widgets
Internal Uses of Your Personal Data
We use the information we collect about you for certain legitimate business interests, notably in order to:
- process your transactions
- provide customer service and manage your account
- conduct analytics on how the Site and our Services are being used by you, in order to improve our Services (for example, to ensure that our Site is presented in the most effective manner for you and for your computer/device) and inform our marketing strategy (by presenting you with products and sending you offers tailored to you and your interests)
- send administrative information to you, for example, information regarding the Site and changes to our terms, conditions, and policies
- respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services
- share Personal Data among our affiliates and subsidiaries for administrative purposes and in relation to our sales and marketing activities
- prevent fraud or criminal activity, misuses of our products or services, and ensure the security of our IT systems, architecture and networks
- (a) comply with legal obligations and legal process, (b) respond to requests from public and government authorities including public and government authorities outside your country of residence; (c) enforce our terms and conditions; (d) protect our operations; (e) protect our rights, privacy, safety or property, and/or that of you or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain
- If you ask us to delete your data and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing
5. OUR DISCLOSURE OF INFORMATION
- We give access to your Personal Data only to those who require it for the above purposes.
- appmakery.com will not sell or rent any of your Personal Data to third parties. appmakery.com will not share any of your Personal Data with third parties except in the limited circumstances described below:
- We share information with service providers under contract who help with our business operations, payment and order processing, IT and hosting, fraud investigation, bill collection, information management and analytics, providers of CRM, marketing and sales software solutions. If content generation is included in your Services, we may share information with service providers under contract to create, edit and/or publish such content. These third parties are obligated to protect your information and to use your Personal Data only as necessary to provide these services to appmakery.com. They are contractually prohibited from using your Personal Data for any other purpose and are never permitted to share your information with any third parties.
- We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. If the subpoena seeks information about an identified subscriber or limited group of subscribers, we’ll make reasonable business efforts to contact the subscriber(s) before providing information to the party that requests it. We cannot guarantee that we will be able to in all cases, whether because of a time limit, court order, inability to effectively contact a subscriber, or for any other reason.
- When a user signs up for a co-branded version of our Services through links to appmakery.com from our co-branded partner’s website, we will share with the co-branded partner that user’s name, e-mail address and physical address in order to provide enhanced integration between appmakery.com’s services and the services of our co-branded partner. If you do not want your information shared with appmakery.com Inc.’s co-branded partner, you should sign up for appmakery.com directly through www.appmakery.com and other sub-domains and not through a link from our partner’s website.
- We disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
- We share information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure and improve our products, services and advertising. It will not be shared with third parties for their marketing purposes. These third parties are contractually obligated to protect your information and are prohibited from using your Personal Data for any other purpose.
- We share your information with our parent and/or subsidiaries to help coordinate the services we provide to you, enforce our terms and conditions, and promote trust and safety.
- The implementation of our Services, by its very nature, may require publishing your Personal Data in order to post review responses, post on social media sites, etc. For example, we may have to disclose your name to a review website in order to post a response to a review. This occurs with your express permission for a specific, given purpose.
- Unless specifically stated otherwise in your written agreement with us, we collect, store and process your Personal Data on servers located in the United States. Due to the unpredictable nature of Internet routing, your information may pass through other countries while in transit to our servers.
6. EU INDIVIDUALS
- Data Controller. In cases when appmakery.com collects or gathers information directly from you, appmakery.com is the data controller for processing your Personal Data. The data controller is responsible for deciding how personal data about you is used. Please see the “Contact Us” section below to find out how to contact us. In other cases, when services are being provided by appmakery.com to its customers, who provide data to appmakery.com to perform certain services, then appmakery.com is a data processor.
- Your Rights. Subject to applicable EU law, you have the following rights in relation to your Personal Data:
- Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
- Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
- Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
- Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
- Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
- Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, unless such profiling in necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent
- Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
- If we are relying on a legitimate interest to process your Personal Data — unless we demonstrate compelling legitimate grounds for the processing or
- If we are processing your Personal Data for direct marketing.
- Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place.
- Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.
You may exercise the above-referenced rights by contacting us as indicated under “Contact Us” section below.
- Data Transfers. We rely on the EU-U.S. Privacy Shield certification to transfer Personal Data that we receive from the EU to appmakery.com in the U.S. (for more information, please read the “Privacy Shield” section above).
7. UPDATING INFORMATION
Upon request, appmakery.com will provide you with information about whether we hold any of your Personal Data. You may review, correct, update, change or delete your Personal Data on your appmakery.com account profile at any time. Simply log into your appmakery.com account, go to your user profile, review your Personal Data and, if you wish, edit it with the options provided. If you are unable to edit your Personal Data by logging into your account, then please contact us for assistance. Customer Service is available to assist with this between 6:00 a.m. and 8:00 p.m. PST or you may email [email protected]. If you wish your Personal Data to be deleted from our database, you may email your request to [email protected]. The process of removing information may take up to 30 days.
8. DATA RETENTION
- We will retain your information for at least as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. We may also keep your information for longer periods of time consistent with our normal business practices and record-keeping requirements. We will retain Personal Data we process on behalf of our clients for as long as needed to provide Services to our client.
- If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
- To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.
9. PERSONAL DATA OF THIRD PARTIES THAT WE RECEIVE FROM OUR CUSTOMERS AND CLIENTS
- The implementation of our Services may require you to share with us information about third parties such as your customers, including Personally Data such as names and email addresses. We treat such information confidentially and do not share it with any third parties, except as described above as necessary to perform our services. Such information is maintained in accordance with this Policy.
- The use of information collected through our Services will be limited to the purpose of providing the services for which you have engaged appmakery.com.
- appmakery.com collects this information under the direction of its clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our clients and would no longer like to be contacted by one of our clients that use our service, please contact the client that you interact with directly. We may transfer Personal Data to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.
- appmakery.com acknowledges that you have the right to access your Personal Data. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the appmakery.com’s Client (the data controller). If requested to remove data we will respond within a reasonable timeframe.
10. INFORMATION SECURITY
- The security of your Personal Data is important to us. If you provide sensitive information, such as credit card number, on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). appmakery.com is committed to handling your customer information with high standards of information security.
- The Personal Data that we collect, and that you provide, is stored by us is and contained behind a “firewall” and only accessible by those who need to know that information and who have special access rights to our production systems. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
- We test our security systems regularly and also contract with outside companies to test our security systems and processes. However, no security system is perfect. We do not guarantee or warrant that there will be no unauthorized access to your data.
- We will make all reasonable business efforts to protect your information, but no system can prevent all malicious attacks against our system or commonly used Internet protocols or software (e.g., SSL). Please see our technical pages for more information about the security systems used.
- The security of your appmakery.com account also relies on your protection of your appmakery.com password. You are responsible for maintaining the security of your password. You are solely responsible for any and all activities that occur under your account. You should not share your appmakery.com password with anyone.
- appmakery.com will never ask you to send your password or other sensitive information to us in an e-mail, though we may ask you to enter this type of information on the Site, which will always have a URL beginning with https://www.appmakery.com. If you receive an email that asks you for your log in information or password, it is not from us and you should not respond.
- Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, or linking to a website with a URL that does not begin with https://www.appmakery.com should be treated as unauthorized and suspicious and should be reported to appmakery.com immediately by emailing [email protected].
- If you do share your appmakery.com password with a third party for any reason, the third party will have access to your account and your Personal Data, and you may be responsible for actions taken using your password.
- If you believe someone else has obtained access to your password, please change it immediately by logging in to your account at www.appmakery.com and changing your Profile settings. If you believe that an unauthorized access has already occurred please report it immediately by emailing [email protected].
- appmakery.com may have access to your password and may use such password to access your account for debugging, quality assurance, or other internal purposes.
11. TRACKING TECHNOLOGIES
- A cookie is a small text file that is stored on a user’s computer. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. Click here for more information on how to remove persistent cookies.
- We use session cookies to make it easier for you to navigate the Site, specifically to track your session ID and to track whether or not you are logged into the Site. Without these cookies, basic functions of our Site would not work. Because these cookies are strictly necessary to deliver the Site and our services, you cannot refuse them.
- We set a persistent cookie to store how you came to the Site and what purchase packages and discounts we are able to offer you upon your registration. Persistent cookies also enable us to track and target the interests of our users to enhance their experience on the Site.
- You may adjust your browser settings to refuse or to remove or clear cookies by following the directions provided in your browser settings. If you reject cookies, you will still be able to view the Site, but your ability to use some areas of the Site, will be limited. You will be unable to log into the Site if you reject cookies. If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.
- We employ and our third party advertising partners (such as Marketo) employs a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that helps us better manage content on the Site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies and are used to learn about the interactions of our users with the Site and our outbound emails. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We tie the information gathered by clear gifs to our website visitors Personal Data. We use clear gifs in our HTML-based emails to let us know which emails recipients have opened. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
12. LINKED SITES
The Site contains links to other sites that are not owned or controlled by appmakery.com Please be aware that we, appmakery.com, are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave the Site and to read the privacy statements of each and every website that collects personal data. This privacy statement applies only to information collected by the Site.
13. CHOICE AND OPT-OUT
- We provide you the opportunity to ‘opt-out’ of having your Personal Data used for certain purposes when we ask for this information. For example, if you purchase a product/service, but do not wish to receive any additional marketing material from us, you can indicate your preference in the Site’s account area.
- If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at [email protected]. We also offer an opportunity to opt-out of certain communications on the Site, via our user account area.
14. MOBILE APP DISCLOSURES
- When you download and use our Services, we automatically collect information on the type of device you use and operating system version.
- We may send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
- We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
- You are also responsible for regularly reviewing the Privacy Statement and related documents. We reserve the right to modify this Privacy Statement at any time.
- In the event appmakery.com, goes through a business transition, such as a merger, an acquisition by another company, or a sale of a portion of its assets, users’ Personal Data will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the Site for 30 days after a change of ownership or control of their personally identifiable information. If, as a result of the business transition, a users’ Personal Data will be used in a manner different from that stated at the time of collection, users will be given a choice consistent with our notification of changes section.
16. CONTACT US