Privacy Policy

This policy has been last updated on July, 2021

This Privacy Policy describes the policies and procedures of Marked Private. (“Licensor”, “we” or “us”) on the collection, use and disclosure of your information on markedprivate.com (the “Site”) and the services, applications, and other features or functionality available on or through the Site (collectively, the “Services”). Licensor receives information about you from various sources, including through your user account/profile with Licensor, your use of the Services, and from various third party websites and other services. When you use any of the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

What does this privacy policy cover?

This Privacy Policy covers Licensor’s treatment of personally identifiable information (“Personal Information”) that Licensor gathers when you are accessing and using the Services. This Privacy Policy also covers Licensor’s treatment of any Personal Information that Licensor’s business partners share with Licensor or Licensor shares with its business partners.

This Privacy Policy does not apply to the practices of third parties, and their sites, services or applications, that Licensor does not own or control (“Third Party Services”), or to individuals that Licensor does not employ or manage. While we attempt or will attempt to provide access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

What about Children’s Privacy?

The Services are structured to attract adults to use the system to invite guests to an event or join an event they have been invited to in order to communicate in a private online setting. The Service is not intended for independent use by children under the age of 13 years and it is not intended to collect, use, or disclose Personal Information from children under 13 years. Accordingly, we do not intend to collect Personal Information from anyone under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information or immediately seek the parent’s consent for that collection. Below we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent. In any instance that we collect Personal Information from a child, we will retain that information only so long as reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity, and ensure the security of our users and our services, or as required by law.

If you believe that we might have any such information, please contact us at support@markedprivate.com. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our privacy policy by instructing their children to never provide information on our Site. Site.

This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”), and outlines our practices in the United States regarding personal information of children under 13 years. For more information about COPPA and general tips about protecting children’s online privacy, please visit https://www.consumer.ftc.gov/features/feature-0038-onguardonline.

Unsolicited Information Shared by Child Users:

If an Adult Member/Parent allows their child access to their Licensor account and the child engages in some of our online activities, including sending messages, using Instant Messaging (IM), sharing photos and videos, posting on the MP event newsfeeds – they might share information that is considered Personal Information. Personal Information that we may collect appears below under the heading “What Personal Information does Licensor collect?” How we may use Personal Information and our disclosure practices appears under the heading “How do we use the information we receive?” All content posted on a private event page can only be viewed by a member of the event. It is never publicly accessible. As stated above, if we learn that we have collected Personal Information from a child under 13 years, we will delete that information or immediately seek verifiable parental consent by email for the collection. If you believe your child is participating in an activity that collects Personal Information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at support@encappture.com We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.

Although there is no foolproof system for protection of Personal Information, Licensor’s model only allows users to share with real life friends (members of the event) and as previously stated, all content posted on a private event page can only be viewed by a member of the event. It is never publicly accessible. Should Licensor ever plan to post the content publicly or share it with a third party for the third party’s own use, we will obtain a higher level of parental consent.

  • Email Consent: In the event Licensor wishes to collect Personal Information from a child, COPPA requires that we first seek a parent or guardian’s consent by email. In the email we will explain what information we are collecting, how we plan to use it, how the parent can provide consent, and how the parent can revoke consent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child in connection with that activity.

  • High-Level Consent: In the event Licensor collects Personal Information from a child that will be posted publicly, we will seek a higher level of consent than email consent. Such “high-level” methods of consent include but are not limited to asking for a credit card or other payment method for verification (with a nominal charge involved), speaking to a trained customer service representative by telephone or video chat, or requiring a signed consent form by mail, email attachment, or fax. After providing high-level consent, a parent may have the opportunity to use a pin or password in future communications as a way to confirm the parent’s identity.

In addition to those rare instances where a child’s personal information is posted publicly (after receiving high-level parental consent), we also may share or disclose personal information collected from children in a limited number of instances, including the following:

  • We may share information with our service providers if necessary for them to perform a business, professional, or technology support function for us.

  • We may disclose personal information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (i) in response to a law enforcement or public agency’s (including schools or children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our sites or applications; (iii) to protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or (iv) enable us to take precautions against liability.

Parental Choices and Controls:

At any time, parents can refuse to permit us to collect further personal information from their children in association with a particular account, and can request that we delete from our records the personal information we have collected in connection with that account. Please keep in mind that a request to delete records may lead to a termination of an account, membership, or other service. Parents can contact us to request access to, change, or delete their child’s personal information by sending an email to us at support@encappture.com. A valid request to delete personal information will be accommodated within a reasonable time.

What Personal Information does Licensor collect?

 

A. The data we collect

Licensor collects personal data:

  • provided by users to Licensor, such as during account creation

  • created during use of our services, such as location, app usage, and device data

  • from other sources, such as other users or account owners, business partners, vendors.

B. How we use personal data

Licensor uses personal data to enable reliable and convenient transportation, delivery, and other products and services. We also use such data:

  • to enhance the safety and security of our users and services

  • for customer support

  • for research and development

  • to enable communications between users

  • to send marketing and non-marketing communications to users

  • in connection with legal proceedings

Licensor does not sell or share user personal data with third parties for their direct marketing, except with users’ consent.

Your content:

Through your use of the Services, you may provide us with content, such as branding and logos, for use along with your use of the Services. This can also include information in or about the content you provide, such as the location of a photo or the date a file was created. We will use and store this content only pursuant and related to your use of the Services.

Personal information collected automatically:

We receive and store certain types of information whenever you interact with our Services. Licensor automatically receives and records information on our server logs from your browser including your IP address, cookie information, and the page you requested.

Generally, our Services automatically collect usage information, such as the numbers and frequency of visitors to our site and its components. Licensor may use this data in aggregate form, that is, as a statistical measure. This type of aggregate data enables us to figure out how often individuals use parts of the Services so that we can improve the Services and make them as appealing to as many users as possible. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use the Site. We share this type of statistical data so that our partners also understand how often people use their services and our Services, so that they, too, may provide you with an optimal online experience.

Measure performance

We use data for analytics and measurement to understand how our services are used. For example, we analyze data about your visits to our sites to do things like optimize product design. And we also use data about the ads you interact with to help advertisers understand the performance of their ad campaigns.

Third Party Services.

We use third-party services that collect, monitor and analyze information concerning how our users are using the Service. These third-parties may use cookies and have their own Privacy Policies addressing how they use such information. Personal Data is collected for the following purposes and using the following services:

Google Analytics

We use a tool called “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (as amended for government websites) and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

SendGrid

We use Sendgrid to process emails to Users and to manage a database of email contacts, phone contacts or any other contact information to communicate with Users. SendGrid may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message. Place of processing: US – Privacy Policy A link to Sendgrid’s privacy policy is located at https://sendgrid.com/privacy/.

Stripe

We work with Stripe, a Payment Card Industry compliant payment processing company to process credit card payments in connection with Recipient Organizations, promoting petitions, and other transactions. If you create or participate in a Recipient Organization, Stripe will store Personal information in accordance with its privacy policy which may be viewed at https://stripe.com/privacy, including but not limited to: For organizations and individuals who create a Recipient Organization: Your name and bank account details, date of birth, address, city, state, postal code, IP address of the device used while creating the Recipient Organization account, and the last four digits of your social security number.

Amazon Web Services

We use Amazon Web Services for Hosting and backend infrastructure. Personal Data collected: various types of Data as specified in the privacy policy of the service. Please see Amazon Web Services’ privacy policy at: https://aws.amazon.com/privacy/.

Email communications:

We may receive confirmation when you open an email from us if your computer supports this type of program. We use this confirmation to help us make emails more interesting and helpful and improve our service. If you do not want to receive email or other mail from us, please send an  unsubscribe request through support@encappture.com.

Communicate with you

We use information we collect, like your email address, to interact with you directly. For example, we may send you a notification if we detect suspicious activity, like an attempt to sign in to your Google Account from an unusual location. Or we may let you know about upcoming changes or improvements to our services. And if you contact Google, we’ll keep a record of your request in order to help solve any issues you might be facing.

Device information.

We collect information from or about the computers, phones, or other devices where you install or access our Services. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices.

Here are some examples of the device information we collect:

  • Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.

  • Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals.

  • Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.

What about cookies?

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Licensor cookies do not collect Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are or what your screen name or email address is.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of the most attractive features of our Services.

Ads appearing on the Services may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Licensor and does not cover the use of cookies by any advertisers

Information to any third party ad network:

To increase the effectiveness of ad delivery, we may include a file, called a web beacon, from an ad network within the Service. The web beacon allows the ad network to provide anonymized, aggregated auditing, research and reporting for advertisers. Web beacons also enable the ad networks to serve ads to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.

Sharing of your Personal Information using the services:

Licensor will not share your Personal Information with any other users of the Services unless you so request explicitly, either in writing, or through use of applicable features of the Services.

How do we use the information we receive?

Personal Information about our users is an integral part of our business. We are dedicated to providing an engaging and customizable experience for all of our users. We may share your Personal Information only as described in this policy.

In General:

We use all the information we have to help us provide, support and improve our Services. We combine information that we receive about you (such as gender, age, geographic location, etc.) with information about your events and activities on the Site and the Services to identify trends and other statistical information. We may use this data to provide third parties with statistics that might be relevant to the marketing and sale of their goods and services. We may use data to deliver our Services, make suggestions for you by using this information to understand how you use and interact with our Services and to personalize content. When we have location information, we can tailor our Services for you like, event check in, locating an event, offers in your area. We conduct surveys for research on features in development and use this information to improve our products.

Non-Private or Non-Personal Information:

For clarity, we may share or disclose your non-private, aggregated or otherwise non-Personal Information with advertisers, service providers, and other persons with whom we conduct business. Conversely, these advertisers, service providers and other persons may share with us non-private, aggregated or otherwise non-Personal Information about you that they have independently developed or acquired.

Advertisers:

We do not share your Personal Information with advertisers without your consent. We may allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the non-personally identifiable attributes we have collected (including information you may have decided not to show to other users) to select the appropriate audience for those advertisements. Even though we do not and will not share your information with advertisers without your consent, if you click on or otherwise interact with an advertisement there is a possibility that the advertiser may place a cookie in your browser and note that it meets the criteria they selected.

Partners, vendors, service providers:

We transfer information to partners, vendors and service providers who support our business, including but not limited to, customer service providers, technical infrastructure services, survey and email services used for services. These partners adhere to strict confidentiality obligations in a way that is consistent with this Privacy Policy.

Affiliated Businesses We Do Not Control:

In certain situations, businesses with whom Licensor becomes affiliated may sell items or provide promotions to you through the Services. In other situations, Licensor may provide services, or sell products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business, if you have agreed to be solicited by marketing partners.

Agents:

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Licensor’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

Communication in response to User Content:

As part of the Services, you will receive from Licensor email and other communications. You acknowledge and agree that by availing yourself of the Services, you allow Licensor to send you email and other communication that it determines in its sole discretion relate to your use of the Services.

Promotional Offers:

We may send you offers on behalf of other businesses. However, when we do so, we do not give the other business your name and address. [If you do not wish to receive these offers, please email us at support@encappture.com.

Business Transfers:

In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Licensor, or substantially all of its assets, were to be acquired, or in the unlikely event that Licensor goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Licensor may continue to use your Personal Information as set forth in this policy.

Protection of Marked Private and Others:

We may release Personal Information when we believe in good faith that release is necessary to comply with that law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Licensor, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent:

Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information..

Data Retention

We may keep information that will collect for an unlimited period of time.

Security

Please note that electronic communication, particularly email, is not necessarily secure against interception. Please do not send sensitive data (e.g., Social Security, bank account, or credit card numbers) by email or web form.

What Personal Information can I access and change?

You can access any Personal Information that you provide to Licensor, through your account settings. To the extent information appears to be missing from your account settings pages, you may contact us at support@encappture.com in order to inquire about the missing information. You will be able to, either through the Services or through contact with our customer support representatives, modify most of the Personal Information you provide to us.

Is Personal Information about me secure?

Your Licensor account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your browser by signing off after you have finished accessing your account.

Licensor endeavors to ensure that user account information is kept private. However, Licensor cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

The Services may contain links to other websites. Licensor is not responsible for the privacy policies and/or practices on other websites. When linking to another website, you should read that website’s privacy policy. This Privacy Policy only governs information collected on the Site and the Services.

Deleting your account:

Should you ever decide to delete your Licensor account, you may do so by contacting us at [*****]. If you terminate your account, your profile will be removed from the site and deleted from Licensor’s servers. Because of the way we maintain Licensor, such deletion may not be immediate, and residual copies of your profile information or posts may remain on backup media. Even after your account is terminated, Licensor may retain and use certain data contributed by you, indefinitely.

What choices do I have?

As stated previously, you can always opt not to disclose information to use, even though it may be needed to take advantage of certain aspects of the Services.

In certain circumstances, you are able to add or update certain information on pages as described in the “What Personal Information Can I Access” section above. When you update information, however, we may maintain a copy of the unrevised information in our records.

Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Service, and you are responsible for reviewing such legal notices for changes.

What happens when I invite Friends?

The Services may enable you to invite your friends to use our Services by sending them an invitation email or message. You may do so by: (i) using the Services to send or post an invitation message via your Third Party Account; and/or (ii) using the Services to send an invitation email to your friend’s external email address. If you send or post an invitation message, we may collect Personal Information about the recipient such as their email address or their third party website account user name and id. We do not intend to collect Personal Information from anyone under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information or immediately seek the parent’s consent for that collection. Please see Children’s Privacy Policy above.

Changes to this Privacy Policy:

Licensor may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Service or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Service after such changes have been first posted.

Questions or concerns:

If you have any questions or concerns regarding privacy using the Service, please send us a detailed message to: support@encappture.com We will make every effort to resolve your concerns.