Last Updated: March 1, 2021.
HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION
We collect limited categories of Personal Information through the Services, including through: (1) information you provide (such as your name, email address and other contact details, payment information and information you share when contacting us to inquire about the Services or submit complaints, to provide feedback or receive our electronic newsletters, and to participate in polls and surveys); (2) information collected automatically (such as through cookies on our website or aggregated tracking information derived mainly by tallying page views throughout the website); and (3) information we receive from third-party and other publically available sources (such as information about individual domain name registrants and administrative/technical contacts, which may include names, mailing addresses and other contact information and information about sellers, distributors and advertisers of certain goods, services and media from websites, social media, online stores, marketplaces, pirate sites and similar channels).
a. Email Addresses
We do not and will not send spam, sell or rent your email address or any social media login account information to third parties, and we do not email your customers directly except if requested by the customer. Given the nature of the Services, emails may be generated on your behalf through the Service and may bear the Marketly branding. However, you remain responsible for the content of those emails complying with our policies and each of our respective privacy policies.
b. Logging Statistics
Like most website operators, our servers automatically collect certain types of non-personally-identifying, technical information, such as your browser type, language preference, referring site and the date and time of each visitor request, as well as (1) what website you came from to get here, (2) how long you stay for, and (3) what kind of device you’re using. We use this information to better understand how our visitors use our website and to maintain the Services.
c. Location Information and IP Addresses
Marketly does not collect or store location data through your use of the Services. Internet Protocol (“IP”) addresses indicate the location of your computer or mobile device on a network connected to the Internet. Providing the Services to you may result in the logging of IP addresses for systems administration, troubleshooting purposes and to prevent prohibited account sharing. While this may be used to infer an approximation of your location when using certain features of the Services, we do not log IP addresses to track your session. If you are an account holder, we may link IP addresses to Personal Information in order to monitor account sharing and prevent prohibited activity.
d. Data Aggregation
A cookie is a text file that is placed on the hard disk of your computer or mobile device by a server. Session cookies expire when you end your session and close your browser interface. Cookies cannot be used to run programs or deliver viruses to your computer or mobile device. Cookies are uniquely assigned to you and can only be read by a server in the domain that issued the cookie to you. Session cookies expire when you end your session and close your browser interface
Your use of certain of the Services may result in the assignment and storage of cookies by Marketly and Google Analytics to recognize your access privileges and generally track your preferences.
In particular, Marketly uses the following cookies:
- Strictly necessary Cookies. These are cookies that are required for the operation of the Services and may be set automatically. They include, for example, cookies that enable visitors to log into secure areas of our websites and complete purchases for the Services.
- Analytical/performance Cookies. These cookies allow us to recognize and count the number of visitors to our websites and to see how visitors move around our websites. This helps us to improve the ways our websites work, for example, by ensuring that users are finding what they are looking for easily.
- Functionality Cookies. These cookies are used to recognize visitors return to our websites. This enables us to personalize our content for visitors and remember preferences (for example, your choice of language or region).
- Targeting Cookies. These cookies provide us with information about visits to our sites, including the pages visited and the links you followed. We use this information to make our websites more relevant to you.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
|Universal Analytics (Google)||__utma*|
|These cookies are used to collect information about how visitors use our websites. We use the information to help us improve the websites.|
__utma* expires after 2 years
__utmb* expires after 30 minutes
__utmc* expires at the end of the browser session
__utmd* expires after 10 seconds
__utmt* expires after 10 minutes
__utmz* expires after 6 months
_ga* expires after 2 years
Visitors who do not wish to have cookies placed on their computers or mobile devices should deny cookies by configuring their respective browsers to do so. If Cookies are denied, certain features of our Services may not function properly.
For more information about cookies, including how to see what cookies have been set and how to manage or delete them, visit www.allaboutcookies.org. To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.
HOW WE SHARE YOU PERSONAL INFORMATION
- Our service providers and processors who provide IT, system administration and other support services to us, and our professional advisers, including lawyers, auditors, insurers and accountants.
- As required by applicable laws or regulations and to government authorities and/or law enforcement officials if mandated by law or if required for the legal protection of our legitimate interests in complying with applicable laws or regulations.
- When we believe in good faith that disclosure is necessary to protect our rights, to protect your safety or the safety of others, or to investigate fraud, wrongdoing or other illegal activity.
- Any other third party with your prior consent to do so.
In addition, Personal Information regarding domain name registrants and related administrative/technical contacts and sellers, distributors and advertisers of certain goods, services and media from websites, social media, online stores, marketplaces, pirate sites and similar channels, may be shared with our clients to the extent necessary for the provision of the Services.
If you have an account with us for access and use of the Services, we may occasionally send you an email to tell you about new features, solicit your feedback or just keep you up to date with what’s going on with Marketly and our Services. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. You may choose to restrict the collection or use of your Personal Information for communications purposes in the following ways:
- If you are asked to fill in a form on the website, look for the box that you can check to indicate you do not want your information to be used by Marketly, Corsearch entities or any third party for direct marketing purposes.
- If you have previously agreed to us using your Personal Information for direct marketing purposes, you may change your mind at any time by contacting us at: marketly-customerca[email protected] or [email protected] and, any direct marketing email sent to you will provide the ability to opt-out at any time from receiving future communications.
FEEDBACK AND SUPPORT
If you send us a request (via a support email or one of our feedback channels), we reserve the right to publish it (stripped of all Personal Information, of course) in order to help us clarify or respond to your request or to help us support other users of the Services.
SECURITY AND DATA STORAGE
To prevent unauthorized access, safeguard data accuracy and maintain the appropriate use of information, we have put in place appropriate physical, technical and administrative procedures to protect the Personal Information we process. We make every effort to ensure the integrity and security of our network and systems. However, since the Internet is not 100% secure and as new technology evolves and emerges, we cannot guarantee that our security measures will prevent third-party interferences from illegally obtaining or tampering with your Personal Information.
We encourage you to help us by also taking precautions to protect your Personal Information when you use the Services. Change your account password often, using a combination of letters, numbers and characters, and make sure you use a secure connection.
RETENTION OF YOUR PERSONAL INFORMATION
We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting or tax requirements. To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
PRIVACY OF MINORS
We do not promote or offer the Services for use by anyone under the age of 17 (“minors”). Marketly does not knowingly solicit or collect Personal Information from minors, and we will not knowingly link to any third-party website or platform, or host any Customer Sites that solicit or collect Personal Information from minors. If you believe that a minor has disclosed Personal Information to us or that we have linked to such a third party or user website or platform, please contact us at: [email protected] or [email protected] .
INTERNATIONAL TRANSFERS OF YOUR PERSONAL INFORMATION
Where applicable (for example, to protect your Personal Information under the GDPR or the DPA), we ensure your Personal Information is adequately protected and that such transfers are carried out in accordance with applicable law by ensuring at least one of the following safeguards is implemented:
- The country to which a transfer is made has been deemed to provide an adequate level of protection by the European Commission or other applicable supervisory authorities;
- There are specific contracts in place with the recipient of your Personal Information which have been approved by the European Commission or other applicable supervisory authorities as providing your Personal Information with an adequate level of protection; or
- In certain circumstances, where you have given us your explicit consent to the transfer of your Personal Information outside your country or residence.
Please contact us at: [email protected] or [email protected] if you want further information on the specific mechanism used by us when transferring your Personal Information outside the European Economic Area (“EEA”) or the United Kingdom (“UK”).
ADDITIONAL INFORMATION FOR USERS IN EUROPE
1. Personal Information you provide
We collect the following Personal Information you provide (for example, when you enter the information into form fields when registering or ordering the Services, or when you contact or engage with us directly):
|Category of Personal Information||Purposes of Processing||Legal Bases for Processing|
|Contact Information, including your name, address, email address, username and phone number.|
|Contact Information, including your name and email address.|
|Financial Information, including payment or financial account information.|
|Purchase or Subscription Information, including details of Services purchased.|
|Information provided in response to voluntary surveys, polls and inquiries, including response and poll information.|
Where we need to collect Personal Information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have entered (or are trying to enter) into with you. In such cases, we may be unable to provide the Services you have requested.
2. Personal Information collected automatically
As is true of most digital platforms, we gather certain information automatically when you use our Services. This information may include browser, device and/or similar data that we collect as follows:
|Category of Personal Information||Purposes of Processing||Legal Bases for Processing|
|Technical Data, including IP addresses, browser type, referring/exit pages, operating system, date/time stamp and/or clickstream data.|
We may collect this information from cookies, analytics and related technologies.
3. Personal Information we receive from third-party sources
Domain Registrants. As described above, as part of the Services we may collect and process certain Personal Information from publicly available sources and third parties in respect of domain name registrants and related administrative/technical contacts (“Domain Registrants”). For further information about the types of Personal Information we process in respect of IP Owners, together with the source(s) and our related purposes and legal bases for processing such data, please see the table below.
Piracy Suspects. As described above, as part of the Services we may collect and process limited Personal Information from publicly-available and other third-party sources about online sellers, distributors and advertisers of certain goods, services and media from websites, social media, online stores, marketplaces, pirate sites and similar channels (“Piracy Suspects”) – this Personal Information may include names, contact information and the types and quantity of products sold, distributed or otherwise made available.
Client Employees. In addition, we may obtain certain Personal Information about you from our corporate clients. In particular, if your employer has contracted with us for our Services, we may receive Personal Information about you directly from your employer. For further information about the types Personal Information we process about you in such circumstances, as well as the related purposes and legal bases for processing such data, please see the table below.
|Category of Personal Information||Source of Personal Information||Purposes of Processing||Legal Bases for Processing|
|Domain Registrant Information, including your name, mailing address and other contact information published as part of your application or registration (including, where applicable, your email address and fax/phone number).||Publicly available Domain Name registers.||To provide the Services requested by our clients, including to assist our clients to register, defend and/or enforce their intellectual property rights, and where applicable, as described below in the “Additional Uses of Personal Information and Legitimate Interests” section.|
|Piracy Suspect Information, including your name, mailing address and other contact information, types and quantity of goods sold, distributed or otherwise made available.||Publicly available information from websites, social media, online stores, marketplaces, pirate sites and similar channels.||To provide the Services requested by our clients, including to assist our clients to register, defend and/or enforce their intellectual property rights, and where applicable, as described below in the “Additional Uses of Personal Information and Legitimate Interests” section.|
|Client Employee Information, including your name and work contact details, such as your job title, work address, email address and phone number||You or your employer||To activate and administer your employer’s or your account and provide the Services requested, authenticate you as a user, and communicate with you, including where you have requested information from us about us or our Services, and as described below in the “Additional Uses of Personal Information and Legitimate Interests” section.|
To provide you with updates to our blogs, where you have opted-in to receive such updates.
4. Additional uses of Personal Information and legitimate interests
In addition to the uses described above, where applicable we may use your Personal Information as necessary to serve our legitimate interests (Art. 6 para. 1 (f) GDPR) in our business operations, as follows:
- Operating our business, administering the Services and managing client accounts;
- Contacting you to respond to your requests, inquiries or complaints;
- Processing and completing transactions you have requested, including, as applicable, order confirmation, processing payments and delivering the Services;
- Operating, managing and securing certain site functionality;
- Enabling you to register for the Services;
- Improving and optimizing the Services and other products, including for the benefit of Marketly and Corsearch and its and their users and clients;
- Conducting industry and market research, surveys, polls and similar inquiries to help us understand trends and client needs in order to better provide content to our clients and others;
- Ensuring the security of the Services and the protection of our systems and networks;
- Preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of Personal Information, our sites or data systems;
- Enforcing our terms and conditions and other agreements relating to the Services; and
- Providing you with newsletters, articles, Service alerts or announcements and other information about the Services or our other products that we believe may be of interest to you where your consent is not required under applicable law. In such circumstances, you may remove yourself from our mailing lists by following the link provided in every newsletter or marketing email we send to you.
In certain circumstances, we may ask for your consent to process your Personal Information. In such circumstances, you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing undertaken by us prior to the withdrawal of your consent.
ADDITIONAL INFORMATION FOR USERS IN CALIFORNIA
|Category of Personal Information||Examples|
|Identifiers.||Name, address, email address, telephone number, fax number, IP address, username and password, or other similar identifiers.|
|Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||Name, address, telephone number, financial information.|
|Commercial information.||Products or Services purchased, obtained or considered.|
|Internet or other similar network activity.||Information on your interactions with the Services.|
ADDITIONAL INFORMATION FOR USERS IN BRAZIL
YOUR DUTIES AND RIGHTS
- Your duty to inform us of changes
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your engagement with us.
- Your rights in connection with your Personal Information
If your Personal Information is protected under the GDPR, the DPA, the CCPA or other similar data protection laws, under certain circumstances, you may have the right to:
- Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to request a copy of the Personal Information we hold about you and to check that we are processing it lawfully;
- Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
- Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it;
- Object to the processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and, other than for the purposes of direct marketing, there is something about your particular situation that makes you want to object to processing on this ground. You have the right to object to our use of your Personal Information for direct marketing at any time;
Opt out of the sale of your Personal Information. Since we do not sell your Personal Information, you are already opted-out of such sales;
- Request the restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of Personal Information about you, for example if you want us to establish its accuracy or the reason for processing it; and
- Request the transfer of your Personal Information to another party. This right will only apply in limited circumstances, where we process your Personal Information based on your consent or where the processing of Personal Information is necessary for the performance of a contract between us.
You also have the right to lodge a complaint with your competent data protection supervisory authority. However, we would appreciate the opportunity to address your concerns before you approach a supervisory authority, so please contact us in the first instance.
The rights described above are not absolute and we reserve all of our rights available to us under applicable law in this regard. We do not discriminate against you, for example, by charging you a different price or offering a different level of service, for exercising any of these rights.
Where applicable, to exercise any of these rights, please contact us at: [email protected] and use the Privacy Web Form located in the footer of the website to submit any data subject requests to address your right of erasure or personal information updates.
- No fee usually required
You will not usually have to pay a fee to access your Personal Information (or to exercise any of the other rights above, where applicable). However, in accordance with the GDPR, the DPA, the CCPA and other similar data protection laws, we may charge a reasonable fee if your request is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
- What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights), and in some instances, provide a signed declaration under penalty of perjury that you are the individual whose Personal Information is the subject of the request. If it is necessary to collect additional information from you, we will use the information only for verification purposes and will delete it as soon as practicable after complying with the request. For requests related to particularly sensitive information, we may require additional proof of identification. This is another appropriate security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. If you make a request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf.
- Time to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
- California Residents – “Shine the Light”
We do not provide your Personal Information to third parties for such third parties’ direct marketing purposes. Please note that California Civil Code Section 1798.83 permits California residents to request certain information regarding disclosure of such individuals’ Personal Information to third parties for such third parties’ direct marketing purposes. As noted above, your Personal Information may be subject to certain third parties’ privacy policies.
640 W California Ave Suite 210
Sunnyvale CA, 94086
Chief Legal Officer, Corsearch companies
6060 North Central Expressway, Suite 344
Dallas, Texas 75206