MAKER PRIVACY POLICY

Maker, Inc. (“Maker” or “we” or “us” or “our”) is committed to protecting your privacy. This Privacy Policy (the “Policy”) applies to information obtained by Maker when you visit or use Maker owned or operated websites (including www.maker.me, collectively, the “Website”) and with respect to our software as a service (“SaaS”) services. This Policy describes how we may share information we obtain about you, your choices regarding our use of your information, the ways in which we safeguard such information, and how you may contact us regarding our privacy practices. Such information may include personally identifiable information that may be used to readily identify or contact you as an individual person, such as, for example, your name, email address, or phone number (“Personal Information”). Personal Information does not include information that has been anonymized such that it does not allow for the ready identification of specific individuals.

Maker does not require that you register on the Website in order to view the ideas, suggestions, opinions, comments, and observations made by the registered users of the Website, and any text, data, photographs, video, music, sound, chat, messages, designs, files or other content material provided to Maker by registered users (collectively, "User Submissions"). However, registration is required to use certain interactive features of the Website such as creating and editing maker or tastemaker profiles, curating makers, liking and following, posting comments, receiving email and website notifications, submitting User Submissions and participating in competitions. Maker collects Personal Information when you register with Maker on the Website or any time you provide information to Maker about yourself through the Website. Maker may also combine Personal Information about you that we have with information we obtain from business partners or other companies.

In addition to obtaining information from the visitors to and commercial users of the Website, Maker obtains, processes and hosts personal information through its commercial hosted or cloud platforms and software applications (collectively, “Services”) provided primarily to its business customers who subscribe to such services pursuant to a SaaS Services Agreement or other contracts with us (“Subscribers”). When providing Services, Maker is a “data processor” or “sub-processor” and only processes personal information on behalf of and in accordance with the instructions of its Subscribers, who are “data controllers” and/or “data processors,” depending on the context. Many of our Services contain automated processes and workflows and other software that generally allow Subscribers to control how they process the data they choose to input into Services. We do not typically control these processes or store such data on our servers other than as may be necessary to provide Services. The agreements between Maker and its Subscribers define specific roles and responsibilities of the parties for the processing of data in the context of Services

Information We Collect

Information You Provide to Us

We collect information you provide directly to us through the Website. The types of information we collect may include Personal Information. For example, we collect information when you complete our online forms or if you register and create a profile on the Website. In order to use certain areas of the Website, we request certain Personal Information from you on the registration form and require you to create a username and password. During registration you are required to give contact information such as name, email address, and third-party account credentials (for example, your log-in credentials for Facebook or other third party websites). We use this information to contact you about the services on our site in which you have expressed interest. When you register with the Website and sign in to our services, you are not anonymous to us. If you provide your third-party account credentials to us or otherwise sign in on the Website through a third party site or service, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us, and that Third Party Account Information transmitted to our Website is covered by this Privacy Policy. This may be, for example, your social bio or profile photo.

If you purchase a service from us, we require certain Personal Information from you upon creating an account and/or signing a service agreement. You must provide contact information (such as name and email address) and financial information (such as credit card number, expiration date and the 3 digit security code). We use this information and may share it with our third-party service providers, such as a payment processor, for billing purposes. We may use this information to contact you in regards to your agreement or account.

If you register an account with us, we may contact you by email. You may receive a confirmation when you open an email. Maker uses this confirmation to help make emails more interesting and helpful and improve our service. If you do not want to receive email or other mail from us, please indicate your preference by using the "Unsubscribe" feature in any email we send to you.

We also collect information when we process Subscriber’s data and content which may contain Personal Information of various individuals under direction of our Subscribers to provide Services to such Subscribers. In providing Services, we have no direct relationship with the individuals (“End Users”) whose Personal Information is included in the data and content we process for Subscribers and typically do not control how such data and content is processed. End Users may transmit or make available their Personal Information to our Subscribers in a number of different contexts, such as Subscribers’ employees, customers, potential customers or in some other capacity. If you are an individual whose Personal Information was collected by a Subscriber using our Services (such as End User of a Service or a customer or an employee of a Subscriber whose data we process) and would like to correct your Personal Information, please contact that Subscriber directly.

Information We Collect Automatically

In addition to the information you submit to us, we and our service providers and sub-contractors automatically collect certain information about your use of the Website. This information may include unique device identifiers, Internet Protocol (“IP”) addresses, browser characteristics, language preferences, operating system details, referring URLs, length of visits, and pages viewed. We may use tools such as cookies, web beacons, embedded scripts, web server logs, or other similar technologies to collect details about the services and devices you use to access the Website.

Cookies. A cookie is a unique identifier that is placed and stored on a computer when it is used to visit a website. Cookies may be used for various purposes, including to track user preferences or web pages visited while using a website, to identify the number of unique visitors to a website, and to verify whether or not a visitor is a repeat visitor.

Web Beacons. (“Tracking Pixels”) Web beacons are small graphic images, also known as “Internet tags” or “clear gifs” that may be embedded in web pages and email messages. Web beacons may be used to monitor the number of visitors to a website, to track how users navigate a website, or to count how many emails were actually opened or specific pages or links were actually viewed. Our third party advertising partners may employ clear gifs that help us better manage content on our 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 track the online movements of online users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on website pages. We do not tie the information gathered by clear gifs to our customers’ Personal Information. 

Embedded Scripts. An embedded script is programming code designed to collect information about a user’s interactions with a website. Typically, the script is temporarily downloaded onto a computer from the host website’s server (or the server of a third party service provider), and is active only while the visitor is connected to the website, then deleted or deactivated thereafter.

Data Analytics

The Website may use third-party web analytics services, such as Google Analytics, to help us analyze how visitors use the Website. These services track information about visitors including IP addresses, browser types, referring pages, pages visited, and time spent on particular pages, which we use to improve our products and tailor the user experience on our Website. To learn more about how Google may use information collected through the Website, click here. For information on how to opt out of data collection through Google Analytics, click here.

In addition to Google Analytics, we may use other analytics tracking services such as Segment. Such services may use cookies, beacons, scripts, and other technologies to collect and analyze data about you and your activity on and after you leave the Website. One such service is Mixpanel (https://mixpanel.com/terms). You can opt-out of Mixpanel’s automatic retention of data collected through your browser by visiting this page. Please note that if you get a new computer, install a new browser, erase or otherwise alter your browser's cookie file (including upgrading certain browsers), you may also clear the Mixpanel opt-out cookie and will need to opt out again.

Third parties may collect Personal Information about your online activities over time and across different websites when you visit the Website.

How We Use Your Information

We may use Personal Information we obtain through the Website for a number of purposes, including:

  • To improve the Website and to personalize our visitors’ and registered users’ experiences on the Website;
  • To respond to emails or other requests, comments, or questions;
  • To provide customer support;
  • To provide you with information that we believe may be useful to you, such as information about products or services we offer;
  • To comply with applicable laws, regulations, or legal process as well as industry standards and our company policies;
  • To prevent fraud or other misuse, including by protecting our rights and the rights of affiliates or related third parties;
  • To enforce our Terms of Use;
  • To maintain records of our transactions and communications;
  • To monitor and analyze trends, usage, and activities of visitors to the Website; or
  • For any other purpose, with your consent.

In addition, we may use the Personal Information we obtain about you directly from you in other ways for which we provide notice at the time of collection.

Your Personal Information may also be transferred to us by our Subscribers who use your information in connection with our Services. Our Services include design, web-publishing and analytics tools. Marketers and designers use our software to create, source, publish and optimize interactive content for their product pages, landing pages, lookbooks, blog posts, user-generated stories and other online media. Our software applications automate various business processes and are intended primarily for business customers and not individuals.

The exact data elements inputted into our Services are controlled and defined by each Subscriber or Registered User.

Consequently, while we process the data originally submitted by our Subscribers or Registered Users that can include Personal Information about such End Users and/or employees and independent contractors of your organization, we cannot take responsibility for the information or content you input into our Services. Maker has no direct relationship with the individuals whose Personal Information it processes or Subscribers’s Data. Each Subscriber is responsible for providing notice to its End Users, employees and third persons concerning the purpose for which a Subscriber collects their Personal Information and how this Personal Information is processed in or through the Services as part of Subscriber’s data.

How We Share Your Information

We may share the Personal Information we collect with our agents, vendors, sub-contractors, consultants, and other third parties performing services on our behalf, for example, to help us develop, operate, maintain, improve, and protect our products and services. These third parties may only use your Personal Information to carry out the services for which they have been engaged and in accordance with this Policy.

We may also disclose your Personal Information (i) if we reasonably believe that we are required to do so to comply with applicable law, regulation, or legal process (such as in response to a court order or subpoena); (ii) to fulfill requests by government agencies, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity; or (iv) to enforce our Website policies, or protect ours or others’ rights, property, or safety.

We reserve the right to transfer any data we obtain through the Website in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, reorganization, or liquidation).

We share Personal Information with third party companies working on our behalf for the purposes described in this Policy. We may transfer such information to our vendors, service providers and partners who help us provide and maintain our Services, such as providing technical infrastructure services, providing servers for our email communications and customer service. For example, we use an email service provider to send out emails on our behalf. When you sign up for an account, we will share such amount of Personal Information as necessary for the third party to provide that service, including your name and email address. These third parties are prohibited from using your Personal Information for their own promotional purposes. Our vendors are generally contractually obligated to use your Personal Information only at our direction and in accordance with our Policy.

We use both your Personal Information and certain non-Personal Information to improve the quality and design of the Services and to create new features, promotions, functionality, and services by storing, tracking, and analyzing registered user preferences and trends.

We may share Personal Information if we believe it is necessary in order to investigate, prevent, or take action regarding, violations of Maker’s Terms of Use, or as otherwise required by law.

Keep in mind that any information, including Personal Information, work, co-Maker relationships, and comments that you voluntarily disclose on the public areas of the Website, becomes publicly available and is treated as a User Submission in accordance with our Terms of Use. Your account name is displayed to other registered users of the Website when you send and/or post messages through the Website. Please note that any comment or other content you post or send to the Website becomes published content that is publicly available and is not considered Personal Information under this Policy. Your messages and other information you make available in public areas of the Website will be seen by people and organizations not related to or controlled by Maker, and may be used by others to contact you.

If you contribute to the Website, you should be aware that any Personal Information you submit there can be read, collected, or used by other users, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in any User Submission.

We may post customer news and/or events on the Website which may contain Personal Information. We do obtain the registered user’s consent via email prior to posting the news and/or event to post such user’s name along with their news and/or event.

Except as otherwise stated in this Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent.

Data Storage and Processing

We currently use the Amazon AWS infrastructure to store, process, and transfer data containing Personal Information collected through the Website and Services. You can read more about Amazon data privacy here. We primarily store data containing Personal Information about the visitors to and registered users of the Website, End Users and our Subscribers in the United States.

By providing your Personal Information to us or to a Subscriber who uses our Services, you consent to any transfer and processing in accordance with this Policy.

Data Retention

We will retain your Personal Information while you or a Subscriber to whom you transferred your Personal Information remain an active customer of ours and for as long as necessary to provide Services and fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law. Since there are different data types in the context of different Services provided, the retention periods can vary. Providing and maintaining Services to our Subscribers, complying with our SaaS subscription, data processing and other agreements, keeping our systems secure, maintaining relevant business and financial records serve as the baseline for most data retention periods.

Security

We are committed to protecting the security of your Personal Information. We maintain appropriate physical, electronic, and administrative safeguards designed to protect Personal Information that we obtain in accordance with this Policy from unauthorized access, disclosure or destruction. Generally, Personal Information you provide to us through the Website is stored on our secure servers behind firewalls and sensitive information is encrypted using Transport Layer Security (TLS) (sometimes referred to as Secure Sockets Layer or SSL). Although we use reasonable efforts to secure such information, transmission via the Internet is not completely secure, and we cannot guarantee the confidentiality of information transmitted to us over the Internet.

Your Website account is protected by your account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures such as [only authorized access, role- based access control models, two-factor authentication for server access, encryption, firewalls and transport layer security technology].

Although we maintain physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through our Services, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. In the event of a data breach we will use commercially reasonable efforts to report to any and all relevant persons and authorities promptly following our discovery of the breach if it is apparent that Personal Information stored in an identifiable manner has been stolen or otherwise compromised.

Links to Other Websites

The Website may contain hyperlinks to other websites or online locations for your convenience and information. Those linked websites may be operated by unaffiliated entities, such as our Subscribers or other third parties, and may have their own privacy policies, statements or notices. This Policy does not apply to those websites, so please review the privacy policies posted on those sites to understand how they may collect and use your Personal Information. We are not responsible for the content or privacy practices of the websites that we do not control.

Social Features

The Website may include features that are designed to permit interactions that you initiate between the Website and third party websites or services, including third party social networks (“Social Features”). Examples of Social Features include enabling you to “like” or “share” our content on other websites or services; or to transmit content to our Website from your account on a third party website or service.

If you choose to use Social Features on the Website, both Maker and the third party website or services may have access to certain information about you and your use of both the Website and the third party site or service. In addition, we may receive information about you if other users of a third party website allow us to access their profiles and you are one of their “connections,” or if information about you is otherwise accessible through those individuals’ profiles or pages on a social networking or other third party website or interactive service.

The information we collect in connection with Social Features is subject to this Policy. The information collected and stored by the third parties remains subject to those third parties’ privacy practices, including whether the third parties continue to share information with us, the types of information shared, and your choices with regard to what is visible to others on those third party websites or services.

Your Choices

If you want to review, delete, or change your Personal Information and you are a registered user, you can log in to the Website and visit your account profile page or dashboard or similar functionality where you can you adjust settings or preferences related to your Personal Information. If you are not a registered user, you may request that we update, correct, or delete your Personal Information collected through the Website by emailing [email protected] To help protect your privacy and security, we may take reasonable steps to verify your identity prior to honoring any such requests.

If you no longer wish to receive our newsletter, email notifications or promotional communications, you may opt-out of receiving by following the “unsubscribe” instructions included in each newsletter, email notification, or communication. Please note that even if you opt out of receiving promotional communications from us, we may continue to send you non- promotional emails, such as emails concerning our ongoing business relationship with you.

For the Personal Information collected by our Subscriber and processed by us as part of Services, your request should be addressed to such Subscriber.

Many web browsers provide options to allow you to stop accepting new cookies, or to disable existing cookies. Go to the HELP function of your browser to learn how. You can also go to www.aboutcookies.org for information about how to disable and control cookies on most browsers. Please be aware that if you disable the cookies on your computer you may not be able to use certain features of this Website or other websites, and disabling cookies may invalidate opt outs that rely on cookies to function. Also, these options may not be effective in all cases, or may be effective with respect to one type of browser or service, but not another.

Children’s Privacy

The Website is not intended for children, nor is it targeted to children under the age of thirteen. We do not knowingly collect personal information from children under the age of 13 through the Website, and if we learn that we have received information from a visitor under the age of 13, we will delete such information in accordance with applicable law.

California Privacy Rights

California law permits customers in California to request certain details about how their information is shared with third parties and, in some cases, affiliates for direct marketing purposes. Under the law, a business must either provide this information or permit California customers to opt in to, or opt out of, this type of sharing. We do not share personal information with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. California customers may request information about our compliance with this law by contacting us at [email protected], or by postal mail at 315 Montgomery St. San Francisco, CA 94104, U.S.A. Any such inquiry must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.

Any California residents under the age of eighteen (18) who have registered to use the Website, and who have posted content or information on the Website, can request that such information be removed from the Website by contacting us at [email protected], stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal.

Information for Persons Outside the United States

We are based in the United States and the Personal Information we collect is governed by U.S. law. If you are visiting the Website from outside the United States, please be aware that data we collect through the Website will be transferred to, and processed in, the United States. By using the Website, you acknowledge and consent to the transfer and processing of your Personal Information in the United States as described in this Policy. The data protection laws and regulations applicable to your Personal Information transferred to the United States may be different from the laws in your country of residence.

Maker is the data controller of the Personal Information you provide directly on or through our Website. You may contact Maker at [email protected] If you originally provided your Personal Information to a Subscriber who is using Maker’s Services as the data controller of your Personal Information, you should then contact such company or organization with your inquiries about your Personal Information.

Legal Basis for Processing (EEA only)

If you are an individual from the EEA, our legal basis for collecting and using the Personal Information will depend on the Personal Information concerned and the specific context in which we collect and use it. As explained above, we process Personal Information in various ways depending upon your use of the Website and the Subscribers’ use of our Services. We process Personal Information on the following legal bases: (1) with your consent; (2) as necessary to perform a contract when you request services or products; and (3) as necessary for our legitimate interests in enhancing our services and products and providing you with marketing materials and other information. We also collect Personal Information where we need to provide Services to a Subscriber under an agreement with such Subscriber, in which case we may be acting as a data processor or sub-processor.

Your Rights under the EU Privacy Law

If you are an individual in a European Union member state or in a European Economic Area country, you have the following rights:

Right to Lodge a Complaint

You have the right to lodge a complaint about our data collection and processing actions with respect to the Personal Information you provided to us directly through the Website with the data protection authority in the jurisdiction where you reside.

Right to Erasure

You have the right to request that Personal Information you provided to us directly through the Website about you be deleted or erased. If deletion of your Personal Information should not be possible for technical or legal reasons, we may block the respective data instead.

To request deletion or blocking of Personal Information, or revoke previously granted consent, please contact us at [email protected]

Right to Revoke Consent for Processing of Personal Data.

If you consented to Maker’s processing of your Personal Information you have provided to us directly from you through the Website, you have the right to revoke the consent you previously provided.

To revoke previously granted consent, please contact us at [email protected]

Right to Data Portability

You have the right to request that the Personal Information you have provided directly to us through the Website, which we process by automated means, be provided to you or another controller in a structured, commonly used and machine-readable format.

Transfers

We are headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of personal information according to this Policy, regardless of where it is processed or stored. By providing us with Personal Information, you consent to the storage or processing of Personal Information in the United States and acknowledge that the Personal Information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.

For more information on our compliance with the European Union's (EU) General Data Protection Regulation (GDPR), visit this page.

English Language Controls

This policy is executed in English and may be translated into other languages. In the event of any conflict or discrepancy between the English language and a translated version, the English language version shall control to the fullest extent permitted by applicable law.

Changes to this Policy

We may change this Policy from time to time. If we make changes, we will notify you by revising the date at the bottom of this Policy. We encourage you to review this Policy whenever you visit the Website to stay informed about our information practices.

Contact Us

To contact us regarding this Policy or with questions about our privacy practices, you may email us at [email protected] (please include “Privacy Inquiry” in the subject line of your email), or send postal mail to: Maker, Inc., Attn: ONLINE PRIVACY INQUIRY, 315 Montgomery St. San Francisco, CA 94104, U.S.A.

Last Revised: May 25, 2018

maker