(the “Website”) pursuant to which User has accessed Website's Service as defined in the applicable Agreement. The purpose of this DPA is to reflect the parties' agreement with regard to the processing of Personal Data.
This DPA shall not replace or supersede any agreement or addendum relating to processing of Personal Data negotiated by User and referenced in the Agreement, and any such individually negotiated agreement or addendum shall apply instead of this DPA.
In the course of providing the Service to User pursuant to the Agreement, Website may process Personal Data on behalf of User. Website agrees to comply with the following provisions with respect to any Personal Data submitted by or for User to the Service or collected and processed by or for User through the Service. Any capitalized but undefined terms herein shall have the meaning set forth in the Agreement.
Data Processing Terms
The User agrees that Website is the Data Controller and that Google is its Data Processor in relation to Personal Data that is processed in the course of providing the Service. User is the Data-Subject. Website shall comply at all times with Data Protection Legislation in respect of all Personal Data it provided to Google pursuant to the Agreement.
The subject-matter of the data processing covered by this DPA is the Service ordered by User through Website. The processing will be carried out until the term of User's ordering of the Service ceases. Further details of the data processing are set out in Annex 1 hereto.
In respect of Personal Data processed in the course of providing the Service, Website:
- Shall process the Personal Data only in accordance with the documented instructions from User (as set out in this DPA or the Agreement or as otherwise notified by User to Website (from time to time) If Website is required to process the Personal Data for any other purpose provided by applicable law to which it is subject, Website will inform User of such requirement prior to the processing unless that law prohibits this on important grounds of public interest;
- Shall implement and maintain appropriate technical and organizational measures designed to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of the Personal Data and having regard to the nature of the Personal Data which is to be protected;
- Website remains responsible for its subcontractors' compliance with the obligations of this DPA. Any subcontractors to whom Website transfers Personal Data will have entered into written agreements with Website requiring that the subcontractor abide by terms substantially similar to this DPA.
- Shall ensure that all Website personnel required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations sets out in this Clause;
- At the User's request and cost (and insofar as is possible), shall assist the User by implementing appropriate and reasonable technical and organizational measures to assist with the User's obligation to respond to requests from Data Subjects under Data Protection Legislation (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the Personal Data) provided that Website reserves the right to reimbursement from User for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
- At the end of the applicable term of the Service, upon User's request, shall securely destroy or return such Personal Data to User;
- If Website becomes aware of any accidental, unauthorized or unlawful destruction, loss, alteration, or disclosure of, or access to the Personal Data that is processed by Website in the course of providing the Service (an "Incident") under the Agreement it shall without undue delay notify User and provide User (as soon as possible) with a description of the Incident as well as periodic updates to information about the Incident, including its impact on User Content. Website shall additionally take action to investigate the Incident and reasonably prevent or mitigate the effects of the Incident;
- Website shall provide information requested by User to demonstrate compliance with the obligations set out in this DPA.
Details of the Data Processing
Website shall process information to provide the Service pursuant to the Agreement. As an example, in a standard implementation, to utilize the Service, User may allow the following information to be sent by default to Website:
Types of Personal Data that may be collected and stored in Website’s system:
- Email addresses
- Personality Indicators
- Personal Actions
- Payment details (Credit Card, Debit Card etc.)
- Billing Address
Personal Information Handling:
We may request you to provide us with personal information at the time when you choose to register on our site, or use our Service. This information may be used to contact or identify you. This may include, but is not limited to, contact details that include your email address, name, postal address, phone number or any other type of information. This is being done as it will help us to improve our service towards you
We hold two kinds of information from our users to deliver Services: Secure Data, and Service Data. We treat both Secure Data and Service Data with the same high level of security and assurance, and both kinds of data are always confidential.
The information given by you when you register, purchase, fill in a survey form or marketing communication, subscribe to our newsletter, go through the website or access any features of our site, can be used by us in the following ways:
Improve our website in terms of design or content or interface or in any other manner in order to improve our service delivery,
To enable a personalized experience for you, and allow us to deliver content and product which is of most interest and use to you,
To allow us to improve our service by responding to your requests for customer service,
To administer a promotion, survey, contest or any other web site feature,
To email you periodically about details related to your order, products or services.
Statistical Data Handling
The data that your browser sends will be logged and collected by us, whenever you visit our Service (“Log Data”). Information as per the log data may include your device’s “IP” address, internet browser type and version, pages of our Service visited by you, details related to time and date of your visit, duration of your visit to our website and other statistics.
In addition to the above, third party tools or services may be hired or used by us. For example, services such as Google Analytics that collect, analyze and monitor information in order to improve the functionality of the Service. Further, the third party service providers may be having their own privacy policies that might include the manner in which they use information
Marketing links from our partners can feature as part of our Services. This means that we may get commission on sales of products or services purchased through advertisement links of our partners.
Your Personally Identifiable Information (PII) will not be sold, traded or otherwise transferred to external parties unless advance notice is provided to the users. Website hosting partners and other parties who support us in operating our website or conducting our business, or serving our users, so long as those parties agree to keep this information confidential are not included.
To comply with the law when appropriate, we may release information, protect ours or others’ rights, property or safety and enforce the policies of our site.
Information that is considered Non-personally identifiable may be provided to parties for purposes related to marketing, advertising or any other uses.
We may offer or include third party services or products on our web site. There are separate privacy policies in the web sites of the third party or parties. We take no responsibility or liability for the activities or content of the linked sites. We seek to protect the integrity of our web site, and welcome any feedback about the linked sites.
Google AdSense Advertising features on our website.
In order to opt out of DoubleClick Cookie feature for filtering advertisements based on your areas of interest, you can visit the Google Ads Settings web page. The following has been implementing by us
Remarketing with Google AdSense
Google Display Network Impression Reporting
Demographics and Interests Reporting
DoubleClick Platform Integration
In order to compile data regarding user interactions with ad impressions and other ad service functions that may relate to our website, we, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or any other third party identifiers.
Our website contains affiliate marketing links, which means we get paid commission on sales of products or services purchased through these affiliate marketing links.
Right of access to and rectification of the data
You have a right to access Your Personal Data. In addition, You have a right to request the rectification, completion, update and erasure of Your Personal Data. You also have a right to obtain a copy of the Personal Data stored by myMark.me
Depending on the scope of the request, myMark.me reserves the right to charge a reasonable fee to cover any out-of-pocket costs incurred in connection with such access, modification and deletion of Personal Data. myMark.me may deny access to Personal Data in limited circumstances, defined by applicable laws and regulations
Third Party Service Providers
Third party companies services or individuals may be hired by us to improve our Service functions and provide good quality Service to our users. These services are individuals are hired by us in order to perform Service-enabled services and to analyze the manner in which our users use various services and to optimize quality of service delivery and make cost effective for the benefit all our valued users.
In order to carry out various tasks on our behalf, these service providers may have access to your Personal Identifiable Information (PII). They are obliged not to disclose or use this Personal Information for any other purpose beyond the scope of the agreement.
The security of your Personal Identifiable Information (PII) is most important to us and for that matter we take the utmost care and keep our server technology commercially acceptable, most up to date to keep safe our users information.
Your Personal Identifiable Information (PII) is contained behind secured networks. This is accessible by persons who have special access rights to such systems, and are required to keep the information confidential. The sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
A variety of security measures is implemented by us when a user enters, submits, or accesses their information and we also take steps to maintain the safety of your Personal Identifiable Information (PII).
A gateway provider processes all transactions are processed and these are not stored or processed on our servers. We may also convey that no method of transmission over the Internet, or method of electronic storage is considered to be 100% secure, and hence cannot guarantee its absolute security.
International Data Transfer
Your information, including Personal Information, may be maintained or transferred on computers located in geographically different governmental jurisdiction. The data protection laws may differ or vary from those of your local governmental jurisdiction.
If you are located outside United States of America and provide us information, then we transfer this information, including Personal Identifiable Information (PII), to the United States of America and process it there.
We have both policy and technological protections to prevent the unauthorized disclosure of information. However, we do reserve the right to disclose any information we have if compelled to do so by a court of law with competent jurisdiction, and in such an event we will hand over requested Secure Data and Service Data. If permitted by the order issued by the court, we will notify you of such a request and whether or not we have complied. However, your Secure Data should remain private as long as you keep to your Responsibilities for Protecting Your Data as outlined above. If we have a reasonable and good faith belief that a disclosure is necessary to prevent criminal activity or damage to life or property, we may disclose Service Data to the authorities
In the case of myMark.me Families and Teams, we may provide Administrator, Owner, or Organizer contact information to verified members of a myMark.me Team or Family. In such cases we may also communicate Service Data specific to particular requests between users and Administrators, Owners, and Organizers.
We have never and will never sell customer information. We use your Secure Data for no purpose other delivering it to your devices.
Time Period for which the Data may be stored:
Users of the Website; mailing list and newsletter subscribers.
Categories of Data Subjects
Data will be stored in the system as long as user does not delete his/her account. We may also delete data if user is not active or the company is out of business earlier.
The provision of Service by Website to User.