Effective Date: December 28, 2019
1. INFORMATION COLLECTION
Information You Provide to Us – Registration
When you subscribe to the Application or register on the Site to use our Services, you create an account (“Account”). When, and if you register by creating a Profile (defined in User Profiles section below), we collect certain Personal Information from you, including, but not limited to, your name, email address, phone number, zip code, and all Personal Information or other information you provide in the registration form or through additional questions we ask or surveys you participate in through your use of the Services. We generally collect information from you so that we can help you find products, brands, merchants, and retailers that interest you, facilitate your use of the Services, and to otherwise provide or improve the Services. We will not use your Personal Information for any purpose incompatible with this Policy unless we provide you notice and an opportunity to opt-out (or opt-in, to the extent required by applicable law).
- Personal Information: In the course of using the Services, including registering for an Account, we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information include, but are not limited to, your name, email address, postal address, and phone number. In limited circumstances, we may be legally required to collect social security numbers for reporting obligations.
- Identity Verification:We may collect Personal Information, such as your date of birth or taxpayer identification number, to validate your identity or as may be required by law, such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.
- General Audience Services: The Services are for general audience and are primarily intended for users 16 and older. We do not knowingly collect Personal Information from anyone younger than age 16. If we become aware that a child younger than 16 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 16 and believe that Makeena has collected Personal Information from your child, please contact us at email@example.com.
- Non-Identifying Information/Usernames: We may also collect other information, such as zip codes, demographic data, information regarding your use of the Service, and general project-related data (“Non-Identifying Information”). We may aggregate information collected from Makeena Registered Users and non-registered users alike. We consider usernames to be Non-Identifying Information. Usernames are made public through the Service and are viewable by Users.
- Combination of Personal and Non-Identifying Information:Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information, but Makeena will treat the combined information as Personal Information.
- Collection of the Third Party Personal Information: In certain instances, including but not limited to affiliate and code referral programs, we may collect the following personal information from you about your colleagues or contacts: first name, last name, and email address when you provide it to us for the purpose of adding your colleagues to certain chat rooms or other community portions of the Site.
Information Received from Third Parties
Information Collected from Users Automatically
We and our third party service providers, including analytics and third party content providers, may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and site functionality.
The information we collect also includes the Internet Protocol (“IP”) address or other unique device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Service.
The technology used to collect information automatically from Makeena Users may include the following:
We use Local Storage, such as HTML5and other similar markup language, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use HTML5 and other similar markup language to collect and store information. Various browsers may offer their own management tools for removing HTML5 and other similar markup language.
- Web Beacons: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how Users navigate the Service, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed.
- Embedded Scripts:We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service.
In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, Makeena does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
In order to use the Services, you must create a profile, which consists of information about you, and may include Personal Information, photographs, opinions, ideas, preferences of the types of products you like to purchase, past purchases, etc. (“Profile”). If you create Profile, you are a “Registered User.” The information in your Profile may be visible to all or a subset of Users of the Service and the general public subject to the privacy choices you make within your Profile. You may edit certain information in your Profile via your account and may choose to limit who is able to view certain content you post to your Profile. If, in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at firstname.lastname@example.org.
The Service may provide you the opportunity to participate and post content publicly in forums, on blogs, through interactive features Makeena and through other communication functionality (“Community Forums”). You may choose, through such features or otherwise, to submit or post questions, comments, or other content (collectively, “User Forum Content”). Please note that certain information, such as your name and Profile may be publicly displayed on the Service along with your User Forum Content. Please note that your use of Community Forums is subject to our Terms of Service.
To request removal of your personal information from our blog or community forum, contact us at email@example.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
We display personal testimonials of satisfied customers on our Site and in the Application, in addition to other endorsements. With your consent we may post your testimonial along with your name and/or username. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org.
Social Networking Services
You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, LinkedIn, Twitter, and other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender, and other information you make publicly available via the SNS) to create your Account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information SNS has about you is obtained by the SNS independent of our Service, and Makeena is not responsible for it.
The Service also may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like” or share content to a third party SNS. If you choose to “like” or share content, or to otherwise share information from or via our Service with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective privacy policies of those third parties.
You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating Makeena to pay any fees or making Makeena subject to any usage limitations imposed by such SNS. You can disable the link between your Makeena account and your SNS account at any time. Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your Makeena Account and your SNS account will terminate as well.
2. USE AND RETENTION OF INFORMATION
WE USE INFORMATION WE COLLECT:
- To provide and improve the Service, complete your transactions, and address your inquiries, process your registration, verify the information you provide is valid and for compliance and internal business purposes;
- If you use our Application Services on your mobile device, including through our Application(s), we may collect your phone number and the unique Device Identifiers;
- To contact you with administrative communications and newsletters,marketing or promotional materials (on behalf of Makeena or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in the Choices and Opting Outsection, below;
- To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online;
- To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent;
- To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of Makeena or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Users;
- To aggregate and analyze data from Users to provide market research for our business partners and third parties;
- If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can either reinstall the Application(s) or deactivate GPS on your mobile device. If you deactivate your location-aware services certain functions of the Application will not be available to you (e.g., rebates, etc.);
- Some Personal Information may be shared with third parties, as described below.
UNLESS YOU REQUEST THAT WE DELETE CERTAIN INFORMATION (SEE CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNTBELOW), WE RETAIN THE INFORMATION WE COLLECT FOR AT LEAST FIVE (5) YEARS AND MAY RETAIN THE INFORMATION FOR AS LONG AS NEEDED FOR OUR BUSINESS AND LEGAL PURPOSES.
3. INFORMATION SHARING AND DISCLOSURE
We may share aggregated Non-Identifying Information and we may otherwise disclose Non-Identifying Information (including, without limitation, Hashed Information) to third parties. In addition, we share your Personal Information, as well as Site and Application engagements, with our brand, merchant, retail, and other partners, for the purpose of marketing our Services and for the purpose of marketing our partners’ products and services. When you consent to the receipt of promotional sms or text messages, we may provide your phone number with trusted partners who may advertise services that are relevant to you as described in further detail below.
- Service Providers: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform services related to the Application or the Site. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
- Legal and Investigative Purposes: Makeena will share information with government agencies as required by law or applicable regulation. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of governmental authorities or other third parties conducting an investigation, to protect the property and rights of Makeena or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical, or legally actionable activity. We may also use emails, Device Identifiers, or a combination of various data elements to identify Users, and may do so in cooperation with third parties at our discretion.
- Internal and Business Transfers: Makeena may share information, including Personal Information, with its subsidiaries, and affiliates, primarily for business and operational purposes. We may sell, transfer, or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
4. THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS, AND SIMILAR THIRD PARTIES
Makeena works with (or may in the future work with) network advertisers, ad agencies, analytics service providers, and other vendors to provide us with information regarding traffic on the Service (or various aspects of the Application), including pages viewed and the actions taken when visiting the Service and Application; to serve our advertisements on other web sites, within the mobile Application and elsewhere online; and to provide us with information regarding the use of the Service and Application and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Service and Application as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies and web beacons), and may use that information to show you targeted advertisements, or for data aggregation or analysis. Some of these parties may collect Personal Information when you visit the Service, Application, or other online websites and services. We may also share certain Non-Identifying Information with these parties, including Hashed Information, in connection with the services they provide to us or other third parties.
While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. You may also opt-out by emailing us at email@example.com. Please note that opting out through these mechanisms does not opt you out of being served advertising, and you will continue to receive generic ads while online.
5. YOUR CHOICES AND OPTING OUT
Registered Users may update their choices regarding the types of communications you receive from us through your Account. You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails or through our Application. Please note that we reserve the right to send you certain communications relating to your Account or use of the Service (for example, administrative and service announcements) via email, in-App messaging, and other meansand these transactional account messages may be unaffected if you opt-out from receiving marketing communications. You may opt-out of receiving text messages by replying “STOP” to any text message received. Registered Users who access the Service by using the Application may, with permission, receive push notifications. Similarly, Registered Users who access the Service by using certain desktop browsers may, with permission, receive push notifications or emails. Notification preferences can be modified in the settings menu for the mobile application or the applicable browser.
6. CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information, and you must update any changes through your online or mobile account. If you request to access all Personal Information you’ve submitted, we will respond to your request to access within thirty (30) days. If you completely delete all such information, then your Account may become deactivated. If your Account is deactivated or you ask to close your Account, you will no longer be able to use the Service. If you would like us to deactivate your Account in our system, you can do so through the Service or you can email us at firstname.lastname@example.org we will deactivate your Account. We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Service even if you close your Account, including information you posted to the Service or that Users posted to the communal portions of the Service or in certain aspects of the Application. In addition, your Personal Information may remain in our archives and information you update or delete, or information within a closed Account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you or other Users posted publicly through or on the Service or the Application. Bear in mind that neither you nor Makeena can delete all copies of information that has been previously shared with others on the Service or which has been posted by others on the Service.
Makeena takes commercially reasonable steps to help protect and secure the information it collects and stores about Users. All access to the Site is encrypted using industry-standard transport layer security technology (TLS). We encrypt the transmission of certain sensitive information using secure socket layer technology (SSL). We also use HTTP strict transport security to add an additional layer of protection for our Users. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal data, Makeena cannot ensure and does not warrant the security of any information you transmit to us.
8. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
9. LINKS TO OTHER SITESAND SOCIAL MEDIA ACCOUNTS
Our Service contains links to other, third party websites and social media accounts. If you choose to click on a third party link, you will be directed to that third party’s website or social media account. The fact that we link to a website or social media account is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or social media accounts and have no responsibility for their practices. These other websites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. We encourage you to read and understand the privacy policies or statements of the other websites or social media accounts you visit.
10. PUBLIC PROFILE
The profile you create on our Site or through our Application will be publicly accessible unless otherwise indicated.
Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to Makeena. For more information about phishing, visit the website of the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be Makeena please report it at email@example.com.
12. CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
This section applies to California residents (as defined under California law). The California Consumer Privacy Act of 2018 (Cal. Civ. Code § 1798.100 to 1798.199), as amended (CCPA), requires that we describe how we collect, process, and share your personal information. This section is designed to help you understand the categories of personal information that we collect, the sources of the information, with whom we share the information, and the rights available to you.
Categories of Personal Information We Collect and How We Use and Disclose that Information
During the past twelve (12) months, we have collected, used, and shared the following categories of personal information:
Category of Personal Information
Category of Source
Business or commercial purpose(s) for collection
Categories of third parties with whom we share
Identifiers such as name, email address, and zip code
Directly from you
We collect this information for the purposes described above in Section 2.
We share this information with our service providers, and our brand, merchant, retail, marketing and other partners, as described above in Section 3.
Categories of personal information described in subdivision (e) of Section 1798.80, such as physical characteristics or description
Directly from you, if you choose to provide this information
Characteristics of protected classifications, including gender and ethnicity
Commercial information, including records of products purchased
Directly and indirectly from you
Internet or other electronic network activity
Indirectly from you
Indirectly from you
California Consumer Rights
If you are a resident of California, you have the following rights under the CCPA:
- Right to Know. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business and commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you.
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
- Right to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. If so, we will notify you in our response than an exception applies and identify that exception.
- To exercise the Right to Know or Right to Delete, please submit a verifiable consumer request to us by emailing firstname.lastname@example.org using the Contact Us features on the Site and Application, or by mailing us your request at the address set out below. To verify your identity we may ask you for additional information, which may include asking you to confirm other personal information you have provided to us. We reserve the right to deny any requests for which identity cannot be verified. If you have authorized another person to make a request on your behalf, that person must provide to us your written authorization allowing them to make such a request on your behalf. We reserve the right to deny any request by an authorized agent if we are not reasonably able to confirm proper authorization.
- Right to Opt Out of Sale of Your Personal Information. If a business sells consumer personal information, the CCPA grants consumers a right to tell a business not to sell (i.e., opt out of the sale of) their personal information. As described above in Section 3, we share your information with third parties so they can contact you with information or marketing offers, but only when you direct us to do so. For clarity, we do not collect personal information from any person under the age of 16 years.
- We will not discriminate against you for exercising any of your rights under California law. Unless permitted by California law, we will not:
- Deny you goods or services;
- Charge you a different price or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
California Shine the Light
If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: email@example.com or write to us at the following mailing address:
1023 Walnut Street, Suite 100
Boulder, Colorado 80302
You must put the statement “California Shine the Light” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
13. NOTICE TO EUROPEAN RESIDENTS – EU SPECIFIC TERMS
To comply with the requirements of the European General Data Protection Regulation (GDPR) for our European users, this Privacy Statement outlines the legal basis on which we process your personal information and provides other information required by the GDPR. The terms and conditions contained in this section – Notice to European Residents – EU Specific Terms – applies only to the personal information of European Union residents we may process.
Legal Basis for Processing Your Information
We will only process your information where we have a legal basis to do so. The legal basis will depend on the reason(s) we collected and need to use your personal information. The different legal bases we rely on are:
- Consent:Where you have told us you are happy for us to process your personal information for a specific purpose, such as when you request that we contact you with information about our products and services.
- Legitimate interests:Where the processing is necessary for us to conduct our business, but not where your interests are overridden by your rights or interests. This may include processing to inform you of changes to our services, or to provide you with information about other services we offer.
- Contractual necessity:Where the processing is necessary based on your purchase of a product or service from our Site.
- Legal claims:Where the processing of your personal information is necessary for the establishment, exercise, or defense of legal claims.
- Legal obligation:Where we are required to process your personal information by law.
You have the right under certain circumstances:
- To be provided with a copy of your personal information held by us;
- To request the rectification or erasure of your personal information held by us;
- To request that we restrict the processing of your personal information (while we verify or investigate your concerns with this information, for example);
- To object to the further processing of your personal information, including the right to object to marketing; and
- To request that your provided personal information be moved to a third party.
Your right to withdraw consent
Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us as set forth in the Contact Us section below. Such withdrawal will not affect the processing of your personal information prior to the withdrawal.
How to exercise your rights
You can also exercise the rights listed above at any time by contacting us at firstname.lastname@example.org. The exercise of the above rights might be subject to certain conditions and we might require further information from you before we can respond to your request.
If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority.
14. CHANGES TO THIS POLICY
15. CONTACTING US
1023 Walnut Street, Suite 100
Boulder, Colorado 80302