Effective as of December 20, 2018
- Activities Covered
- Creating, changing or using an account or User profile;
- Browser web storage, application data caches or similar technologies;
- Social media platforms and applications, or demographics derived from the profiles Users create;
- Entering into transactions with us or our customers;
- Interacting with our personnel, whether in person, on the telephone, via email or any other form of communication;
- Interacting with and submitting inquiries to third parties with whom we have a relationship;
- Receiving communications from us, including emails, texts, fax, push or in-application notifications; and
- Registering for our promotions, sweepstakes, surveys, questionnaires, or other activities (each, an “Event” and collectively, “Events”).
- Responsible Entity
- What Personal Data do we Collect?
3.1 Personal Data we collect directly from you may include the following:
- if you express an interest in obtaining additional information about our services, request customer support, use our “Contact Us” or similar features, register to use our websites, sign up for an Event, or download certain content, we generally require you to provide us with your contact information, such as your first and last name, email address, job title, company name, company address, company address, social media usernames, and account ID and password;
- if you make purchases via our websites or register for an Event, you will be required to provide Stripe with financial information and billing information, such as billing name and address, credit card information, as well as shipping information. We and Stripe also record your transaction history with us;
- if you use and interact with our websites, we automatically collect log files and other information about your device and your usage of our websites through cookies, web beacons or similar technologies, such as IP-addresses or other identifiers, which may qualify as Personal Data (view the “What device and usage data we process” section below);
In addition, we provide for the registration of two types of accounts.
- InkSoft customers establish and maintain accounts to manage their online stores hosted on stores.inksoft.com (“InkSoft Stores”), payment information, and all other necessary Personal Data.
- Users who access individual InkSoft Stores can create an account to save their art, designs, shipping address, payment information, and other Personal Data of the type indicated in this Section 3. In this situation, we record browsing history of pages viewed on InkSoft Stores, which allows us to understand the path Users took if a problem arose, as well as provide InkSoft customers data gathered from their InkSoft Store visitors.
- Third Party Analytics Providers
|Google Adwords, & Ads Manager||Anonymous order information, IP, and URL clickstream||Ad network||https://policies.google.com/privacy?hl=en|
|Google-analytics||Anonymous IP, URL clickstream related to viewing specific designer’s products and stores.||Analytics||https://policies.google.com/privacy?hl=en|
|Anonymous order information, IP, and URL clickstream||Social/sharing tools||https://www.facebook.com/privacy/explanation|
|Hubspot||Anonymous order information, IP, and URL clickstream||Analytics||https://legal.hubspot.com/privacy-policy|
|Anonymous order information, IP, and URL clickstream||Ad Network||https://www.linkedin.com/legal/privacy-policy|
|Intercom||Anonymous order information, IP, and URL clickstream||Analytics||https://www.intercom.com/terms-and-policies#terms|
- What device and usage data we process.
- Purposes for which we process Personal Data and the legal basis upon which we rely.
- to alert you to new developments, promotions, specials, special events, products or services or other activities and to administer same interests to the extent it is necessary for our legitimate interests to advertise our websites or, where necessary, to the extent you have provided your prior separate consent (please also view “Your rights relating to your Personal Data” below to learn how you can control how your Personal Data is processed by InkSoft for marketing purposes);
- for the purposes for which you provided the information, for the legitimate business purpose of fulfilling our customer’s requests;
- to monitor and analyze information regarding your browsing and viewing preferences and to diagnose problems of the Sites, for the legitimate business interest of operating and administering our websites and service;
- to carry out internal operations and to analyze our users’ demographics and interests, for the legitimate business interests of understanding our current and potential customer demographics;
- for fraud prevention, internal operations, legal compliance, and other public and security related purposes, to the extent this is necessary for the purpose of our legitimate interests in promoting the safety and security of the systems and application used for our websites, and protecting our rights and the rights of others;
- to contact you with problems or updates regarding your account, we will process your Personal Data for the performance of our contract with you and to the extent it is necessary for the purpose of our legitimate interests to fulfill your request and communicate with you; and
- complying with legal obligations: We will process your Personal Data when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of our websites, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with a judicial proceedings, court order or legal process, and/or to respond to lawful requests.
Where we need to collect and process Personal Data by law, or under a contract we have entered into with you and you fail to provide that required Personal Data when requested, we may not be able to perform the contract.
- Who do we share Personal Data with?
- We share Personal Data with third–party social networks, advertising networks and websites, which usually act as separate controllers, so that InkSoft can market and advertise on third party platforms and websites.
- In individual cases we may also share Personal Data with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
- We share shipping addresses with carriers such as Fedex, UPS and the USPS in the event your purchase items from our cutomers; and
- If we are involved in a merger or reorganization, sell a website or business unit, or if all or a portion of our business, assets or stock are acquired by another company, we may transfer some or all of your Personal Data to such third party. In accordance with applicable laws, we will use reasonable efforts to notify you of any such transfer of Personal Data to an unaffiliated third party as processing of your Personal Data will be required for the purposes set out in “Purposes for which we process Personal Data and on which legal bases” section above.
Our websites are not directed at children. We do not knowingly collect Personal Data from children under the age of 13. InkSoft websites are intended for users over the age of 18. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us as described in the “Contacting Us” section below and we will take steps to delete such Personal Data from our systems.
- How long do we keep your Personal Data?
We may retain your Personal Data for a period of time consistent with the original purpose of collection (see “Purposes for which we process Personal Data and on what legal basis” section above). We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of your Personal Data, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as applicable statutes of limitation).After expiry of the retention periods, your Personal Data will be deleted. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of the data.
- Your rights relating to your Personal Data.
9.1 Your rightsYou have certain rights regarding your Personal Data, subject to local data protection laws. These may or may not include the following rights:
- to access your Personal Data held by us (right to access);
- to rectify inaccurate Personal Data and ensure it is complete (right to rectification);
- to erase/delete your Personal Data to the extent permitted by other legal obligations (right to erasure; right to be forgotten);
- to restrict our processing of your Personal Data (right to restriction of processing);
- to transfer your Personal Data to another controller to the extent possible (right to data portability);
- to object to any processing of your Personal Data carried out on the basis of our legitimate interests (right to object). Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
- not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects (“Automated Decision-Making”); Automated Decision-Making currently does not take place on our websites;
- to the extent we base the collection, processing and sharing of your Personal Data on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.
The specific rights to which you are entitled are based upon your geographic location, and the location of where your Personal Data is stored. 9.2 How to exercise your rightsTo exercise your rights, please contact us in accordance with the “Contacting Us” section below. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than a month, considering the complexity and number of requests we receive. In addition, if you have registered for an account with us, you may generally update your user settings, profile, organization’s settings or event registration by logging into the applicable website with your username and password and editing your settings or profile. To update your billing information, discontinue your account, and/or request return or deletion of your Personal Data and other information associated with your account, please contact us.9.3 Your rights relating to Customer DataIf your data has been submitted to us by an InkSoft customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with our customer directly. Because we may only access our customer’s data upon instruction from the respective customer, if you wish to make your request directly to us, please provide the name of the InkSoft customer who submitted your data to InkSoft when you contact us. We will refer your request to that customer and will support them as needed in responding to your request within a reasonable timeframe.9.4 Your preferences for marketing communicationsIf we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of our marketing emails, by replying or texting ‘STOP’ if you receive SMS communications, or by turning off push notifications on our apps on your device. Additionally, you may unsubscribe by contacting us using the information in the “Contacting Us” section below. Please note that opting-out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as information about your subscriptions or event registrations, service announcements or security information.
We take precautions including organizational, technical, and physical measures, to help safeguard against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the Personal Data we process or use.While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions. If you have any questions about the security of our websites, please contact us via the “Contacting Us” section below.
- Contacting Us