OUR APPROACH TO PRIVACY
3. The Company provides web-based software that allow customers to: create sales copy for sales pages, emails, advertisements, and other marketing messages (the “Services”) located at InstantScripts.com (our “Website”).
PERSONAL INFORMATION WE COLLECT ABOUT YOU AND HOW WE USE IT
7. We collect personal information about you when you voluntarily submit information directly to us when you access our Website or use the Services. This can include information you provide to us when you register for an account, fill in a form, correspond with us via our Website, phone, email or otherwise, subscribe to our mailing lists, newsletters or other forms of marketing communications, respond to surveys or use some other feature of the Services as available, from time to time.
8. In general, personal information may include, but is not limited to, your name, date of birth, financial information, home address, phone number, IP address, location data, weblogs, date, time, browser used, referring web addresses, other communication data, searches conducted and pages visited, and other details such as your occupation and title.
9. Certain Services can only be offered to you if you provide personal information to the Company, and accordingly the Company may not be able to offer you the Services if you choose not to provide it with required personal information.
10. Annex 1 attached hereto sets out the categories of personal information we collect about you and the purposes for which we collect and use your personal information. The table also lists the legal basis which we rely on to process the personal information, the categories of recipients to whom we may lawfully disclose the personal information and details as to how we determine applicable retention periods in respect of the personal information we collect about you.
11. We also automatically collect personal information about you indirectly about how you access and use the Services and information about the device you use to access the Services. We may link or combine the personally identifiable personal information we collect about you directly and the information we collect about you indirectly. This allows us to provide you with a personalized experience regardless of how you interact with us.
12. The Company strives to limit the amount of personal information we collect to such personal information that is necessary and appropriate for the purposes identified in Annex 1 attached hereto. The Company will not use or disclose your personal information for purposes other than
those for which it was collected, except with your consent or as permitted or required by applicable law.
13. We may anonymise and aggregate any of the personal information we collect, including information about individuals that are your subscribers, website visitors or customers (so that it does not directly identify you or them). We may use anonymised information for purposes that include testing our IT systems, research, data analysis, improving the Services and developing new products and features. We may also share such anonymised information with third parties.
CUSTOMER DATA WE MAY COLLECT THROUGH THE PROVISION OF OUR SERVICES
14. During the provision of the Services, we may also collect personal information about individuals that are subscribers, website visitors or customers of our customers (the “Customer Data”).
15. By submitting or causing to be submitted Customer Data to us, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the Customer Data required for the Company and its subcontractors and service providers to provide the Services. If the Company shares or publicly discloses information (including in marketing materials or in application development) that is derived from Customer Data, such data will, to a commercially reasonable extent, be aggregated or anonymized to reasonably avoid identification of a specific individual. You further agree that the Company will have the indefinite right to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the above mentioned anonymized, aggregated data.
17. In the event that Customer Data is disclosed to or accessed by an unauthorized party, the Company will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident. In the event we have a reasonable, good faith belief that an unauthorized party has accessed Customer Data, we will promptly notify you and will use reasonable efforts to cooperate with your investigation of the incident. If such incident triggers any third-party notice requirements, you (not the Company) shall be solely responsible for the timing, content, cost and method of any such notice and compliance with applicable laws. You (not the Company) bears sole responsibility for adequate security, protection and backup of Customer Data when in your or your representatives’ or agents’ possession or control. We are not responsible, and you are fully responsible, for what your authorized Users do with Customer Data.
STORING AND TRANSFERRING YOUR PERSONAL INFORMATION
18. We implement commercially reasonable physical, technical and organizational security safeguard measures to preserve and protect the integrity and security of your personal information against accidental or unlawful destruction, loss, change or damage. All personal information we collect will be stored on secure servers. All electronic transactions entered into via our Website will be protected by SSL encryption technology. Where you register for an account on the Services, you are responsible for maintaining your account’s security, including by implementing “strong” passwords, as more specifically explained in our Terms of Service. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal
20. The personal information we collect may be transferred to and stored and processed in countries outside of the jurisdiction you are in depending on where we and our third-party service providers have operations. If you are located in the European Union (“EU”), your personal information will be processed outside of the EU including in the United States; these international transfers of your personal information are necessary for the performance of our agreement with you in order to provide the Services.
21. To the extent we employ third party service providers to store, handle or process personal information on our behalf, such as data processing or office services, we will use contractual and other means to provide an appropriate level of protection while the information is being stored, handled or processed by them.
22. We are not liable with respect to any security incident that may result in loss, disclosure, or alteration of your personal information. Further, submission of information via the internet is never entirely secure. We cannot guarantee the security of information you submit while it is in transit over the internet. Any submission of personal information is at your own risk.
YOUR RIGHTS IN RESPECT OF YOUR PERSONAL DATA
23. You have certain rights in respect of your personal information that we hold in accordance with certain applicable privacy laws: