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Privacy Policy

Last updated on January 8, 2024

EFFECTIVE DATE: 08/01/2024

 

Click to review the previous version.

 

Note: The Privacy Policy has been updated. Please review the updated document carefully before using the Website. By using the Website, you consent to the terms of the updated Privacy Policy.

 

GoMage, Inc. having a principal place of business at 100 Congress Avenue, Suite 2000 – #4555, Austin, TX 78701 (hereinafter referred to as the “Company”, “GoMage”, “we”, or “us”) collects from the individual user (hereinafter, referred to as “user”, “you” or “your”) certain personal data through the website https://www.gomage.com (hereinafter, referred to as the “Website”).

 

This Privacy Policy forms an integral part of Terms of Use and contains the Company’s policies and procedures governing the processing of personal data through the Website.

 

Definitions

 

PERSONAL DATA means data that identifies the natural person directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, etc.;

 

PROCESSING means any operation or set of operations that is performed on Personal Data, and includes but is not necessarily limited to the collection, recording, organization, structuring, storage, adaptation or destruction of Personal Data;

 

DATA SUBJECT is an identified or identifiable natural person who can be identified, directly or indirectly, based on particular Personal Data.

 

Acceptance of This Privacy Policy

By using our Website (whether or not you register or create any kind of account with us), you agree to accept the terms set forth in this Privacy Policy as well as in the Terms of Use.  Anyone that does not agree to the terms of this Privacy Policy and the Terms of Use, should not use Our Website. You agree that your only recourse should you not agree to the terms of this Privacy Policy and the Terms of Use shall be to discontinue using our Services and visiting our Website. By using our Services, you consent to having your Personal Data transferred to and Processed by us and our third party vendors.

 

Consent                               

By using our Website and Services you consent to our Privacy Policy, as well as the limitation of liability, dispute resolution procedures, refund policy and all the other Terms of Use that form a binding agreement between you and us.

 

Privacy Statement

 

GoMage, Inc. shall be considered a data owner and data controller in relationships with Data Subjects. We acknowledge the privacy of natural persons and make efforts to protect them against any unlawful Processing by applying relevant technical and organizational measures to protect Personal Data of natural persons in accordance with the effective legislation. Although we will make reasonable efforts to ensure safe Processing, we cannot guarantee it to be 100% secure and risk-free and you acknowledge and accept such risks.

 

We process Personal Data in a way that assures appropriate level of security, including protection against unauthorized Processing, destruction, accidental loss, or damage, while applying suitable organizational and technical measures under industry standards and in compliance with the following principles: (1) lawfully, fairly and transparently; (2) Processing is specified, explicit and only for legitimate purposes; Processing is adequate, relevant and limited to necessary purpose; accurate and kept up to date; limitation of the storage for periods not longer than necessary; Processing is done and the Personal Data is held in a manner that ensures appropriate security of the Personal Data.

 

We Process Personal Data only when one of the conditions below applies: (1) it is required for the performance of the services pursuant to agreement with the Data Subject; (2) it is required for compliance with the law or our legal obligation; (3) Data Subject has provided us with consent for Processing of their Personal Data for one or more specific purposes; (4) Personal data is Processed for our Legitimate Purpose.

 

When it comes to Processing, we will not discriminate against Data Subject CCPA rights. Unless permitted by the CCPA, we will not: (1) reject Data Subject’s request for goods or services on the basis of discrimination; (2) provide to California based Data Subject different prices for goods or services, including through granting discounts or other benefits; (3) render to Data Subject different level or quality of goods or services in comparison to our other clients.

 

Notwithstanding the aforementioned, we may, at our own discretion, offer Data Subject certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will contain written terms that describe such material aspects.

 

We do not knowingly Process Personal Data that relates to, or reveals, racial or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, genetic or biometric data, or data concerning the health, sex life or sexual orientation of the natural person.

 

We apply the following principles in order to protect your privacy: (a) we will not sell or lease your Personal Data to third parties; and (b) any Personal Data that you provide to us will be secured with industry-standard safety protocols and technology.

Types of Personal Data We Process
Contact data Email, billing address, shipping address
Financial data bank account and payment card details, tax identifiers (like VAT number)
Identity data first name, last name, username, date of birth
Marketing data preferences in receiving marketing from us
Communication data Messages you send to us
Technical data internet protocol (IP) address, clients SSH/SFTP/FTP, Magento username, Github repository identifier, Magento account data

The Company adheres to data minimization principles. We process only the minimal amount of information that is necessary for pursuing the legitimate interests of the Company. At the time you purchase software and/or services through the Website or register a user account on the Website, you will be asked to provide personal data, such as your full name, email address, telephone number and company information.

 

We process Personal Data under the following legal bases:

  • On the basis of consent.
  • For other legitimate interests, unless those interests are overridden by Data Subject’s or fundamental rights and freedoms that require protection of personal data. For example, we rely on our legitimate interest when it comes to (1) diagnostic analytics to assess the number of visitors, posts, page views, reviews for further optimization of our Platform; (2) optimization of our visitors’ experience; (3) fraud prevention; (4) network and information security, (5) analyzing customer satisfaction.
Purposes of Personal Data Processing
Purpose/Activity Type of data Lawful basis for Processing
to register Data Subject accountIdentity data, contact data to perform our contractual obligations with you
to provide our services Identity data, contact data, marketing data, communication data, technical data, financial data 1.to perform contract with Data Subject; 2.as necessary for our legitimate interest in recovering debts
to manage our relationship with Data Subject, Identity data, contact data, profile data, marketing data 1.to perform our contract with Data Subject; 2.as necessary to comply with our legal obligations
to deliver relevant content/advertisements to Data Subject and measure or understand the effectiveness of our advertisingIdentity data, contact data, profile data, marketing data, technical data1.as necessary for our legitimate interests in studying how customers use our products/services; to develop them; 2.to grow our business and to inform Data Subject about our marketing strategy;
to use data analytics to improve our platform, services, marketing, customer relationships and experiences technical data to keep our Websites and Services updated and relevant, to develop our business and to inform our marketing strategy
to make suggestions and recommendations about goods or services that may be of interest to Data Subject, including promotional offersIdentity data, contact data, technical data, profile dataas necessary for our legitimate interests to develop our products/services and grow our business

If you provide express consent in advance, we may use your Personal Data for direct marketing purposes (e.g., sending you our newsletter or offering services that may be of interest to you).

Third Party Access to Personal Data

We will not sell, distribute or lease your Personal Data to third parties unless we have your permission or are required by law to do so. We may use your personal data to send you promotional information about third parties which we think you may find interesting if you tell us that you wish for this to happen.

 

In case third parties perform services (e.g., hosting of the Website) on behalf of the Company, the Company will require that such third parties employ an adequate level of protection of personal data that is consistent with this Privacy Policy. You will be informed in advance if your personal data is transferred to the third parties i.e. before such transfer.

 

Your personal data may be accessed by the following third parties:

  1. The personal data provided by you for signing up for our newsletter will be used by Mailerlite (https://www.mailerlite.com/), which is a trading name of Rocket Science Group LLC having a principal place of business at J. Basanavičiaus 15, LT-03108 Vilnius, Lithuania, to provide you with the requested newsletter. Mailerlite privacy policy is available at https://www.mailerlite.com/legal/privacy-policy
  2. The hosting services for the Website are provided by DigitalOcean LLC (www.digitalocean.com) having a principal place of business at 101 Avenue of the Americas, 10th Floor, New York, NY 10013, USA. DigitalOcean privacy policy is available at https://www.digitalocean.com/legal/privacy-policy/
  3. When you make payments through the Website using the Credit or Debit Card payment method, your payments will be processed by Stripe Payments Europe, Ltd. having a principal place of business C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1. Stripe privacy policy is available at https://stripe.com/en-de/privacy.
  4. When you make payments through the Website using the PayPal payment method, your payments will be processed by PayPal Holdings, Inc., Corporate Headquarters, 2211 North First Street, San Jose, California, U.S.. PayPal privacy policy is available at https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en_US.
  5. Customer relationship management assistance may be provided by ZenDesk Inc. (https://www.zendesk.com) having a principal place of business at 1019 Market Street San Francisco, CA 94103, USA. ZenDesk privacy policy is available at https://www.zendesk.com/company/customers-partners/privacy-policy/.

Security and Confidentiality of Personal Data

The Company takes all necessary steps to protect the confidentiality of Personal Data supplied by the user when utilizing Company’s software or services and when visiting the Website. We do not disclose any user’s Personal Data to any third party unless ordered to do so by a court order during the investigation of a criminal offense or as required under other provisions of disclosure of Personal Data.

The Company takes all necessary steps to safeguard your Personal Data when your payment is being Processed, including the use of specialized services to secure payment of all software or services purchased through the Website. All confidential information transmitted and received by us from the specialized services is encrypted with the help of software that uses Secure Sockets Layer (SSL).

We will use reasonable efforts to maintain the security of and to prevent misuse, loss, unauthorized access, and modification of your Personal Data. However, please note that, due to the inherent risks of using the Internet, you agree to accept such risks and not hold us liable for any destruction, loss, leakage, and falsification of Personal data caused by circumstances beyond our reasonable control.

In the case of a Personal Data breach, the Company shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify you and the appropriate supervisory authority of the Personal Data breach, unless the Personal Data breach is unlikely to result in a risk to your rights and financial information.

You are solely responsible for keeping your login details in a private and secure manner.

Processing of Payments and Online eCommerce Platform

We use an online eCommerce platform that allows us to provide the Services to you. Your Personal Data may be transmitted through, and stored on third-party servers.  By using our Services, you consent to our collection, disclosure, storage, and use of your personal information in accordance with this Privacy Policy and our Terms of Service.

From time to time, personal financial information (including credit card information) may be transmitted to facilitate transactions with us. We will not share such personal financial information with third parties other than those third parties such as banks, processing gateways and merchant processors required to process your purchase, and you understand that VideoRevv cannot control how the banks, processing gateways or merchant processors will use such personal financial information. Therefore, you hereby consent to such sharing of personal financial information.You agree to assume the risk and agree that it is your responsibility to properly handle, secure, not store and destroy such personal financial information as may be necessary to protect it from misuse. You agree that we shall not be liable for misuse of such personal financial information.

Links to Other Websites

The Website may contain links to other websites of interest. However, once you have used these links to leave the Website, you should note that we do not have any control over that other website. Therefore, you agree to accept such risks and not hold us responsible for the protection and privacy of any information which you provide while visiting such sites and you understand such sites are not governed by this Privacy Policy. You should exercise caution and look at the privacy statement applicable to the website in question.

 

Response Timing and Format

We shall respond to the verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform the Data Subject of the reason and extension period in writing. The response is free of charge unless it is excessive, repetitive, or manifestly unfounded.

 

Place of processing

Personal Data is processed at our operating offices and in any other places where the parties involved in the processing are located. It may be necessary to transfer collected Personal Data to countries outside of the European Union for Processing purposes.

 

Retention Period

Your Personal Data will be kept for as long as is necessary to provide you with the requested service. When your Personal Data is no longer necessary to deliver the requested service, the Company will delete it as soon as possible, unless retaining your Personal Data is required by law for a certain period of time (e.g., for accountancy records).

 

COOKIES

A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Generally, cookies allow web applications to respond to you as an individual. With the help of a cookie, a web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

 

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic to our Website and improve our Website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

 

We use following types of cookie files:

  • Essential Cookies

These cookies are always active and necessary to the core functionality of our website and some of its features, such as access to secure areas.

  • Analytics and Customization Cookies

These cookies collect information that can help us understand how our websites are being used. This information can also be used to measure effectiveness in our marketing campaigns or to curate a personalized site experience for you.

  • Advertising Cookies

 

These cookies are used to make advertising messages more relevant to you. They prevent the same ad from continuously reappearing, ensure that ads are properly displayed for advertisers, and in some cases select advertisements that are based on your interests.

 

Overall, cookies help us provide you with a better website experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the Personal Data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our Website.

 

List of Cookies We Collect

The table below lists the cookies we collect and what information they store.

COOKIE NAME COOKIE DESCRIPTION
CARTThe association with your shopping cart.
CATEGORY_INFO Stores the category info on the page, allowing you to display pages more quickly.
COMPAREThe items that you have in the Compare Products list.
CURRENCY Your preferred currency.
CUSTOMERAn encrypted version of your Customer ID with the store.
CUSTOMER_AU An indicator if you are currently logged into the store.
CUSTOMER_INFO An encrypted version of the customer group you belong to.
CUSTOMER_SEGMENT_IDS Stores the Customer Segment ID.
EXTERNAL_NO_CACHE A flag, which indicates whether caching is disabled or not.
FRONTENDYou sesssion ID on the server.
GUEST-VIEW Allows guests to edit their orders.
LAST_CATEGORYThe last category you visited.
LAST_PRODUCTThe most recent product you have viewed.
NEWMESSAGEIndicates whether a new message has been received.
NO_CACHEIndicates whether it is allowed to use cache.
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history if you have asked the site.
POLLThe ID of any polls you have recently voted in.
POLLNInformation on what polls you have voted on.
RECENTLYCOMPAREDThe items that you have recently compared.
STFInformation on products you have emailed to friends.
STOREThe store view or language you have selected.
USER_ALLOWED_SAVE_COOKIEIndicates whether a customer is allowed to use cookies.
VIEWED_PRODUCT_IDSThe products that you have recently viewed.
WISHLISTAn encrypted list of products added to your Wishlist.
WISHLIST_CNTThe number of items in your Wishlist.

Age Limitations

We have no official right to collect any private information from persons who are not 18 yet. It is strictly prohibited to the Users under 18 to use Our Website and any of the Services offered by Our Company. As soon as We find out that the information presented by the User is not eligible because of the age limits, it will promptly be erased. We bear no responsibility in case if You’re not old enough to use the Website. You must be of legal age to be in line with Our Privacy Policy, as well as with Our Terms and Conditions.

 

Alert Us in case one of Your children under 18 is using Our Website trying to get access to our services. We’ll take measures to block access to Our Website from Your IP address. All affiliate websites cooperating with Our Company will be blocked for your child as well.

Your rights as a data subject

According to the EU and US applicable laws, you have various rights regarding your personal data. If you wish to assert these rights, please send your request by e-mail or by post to the address specified in the section on the bottom of this Policy, clearly identifying yourself.

 

Right to acknowledgement and access

You have the right to receive confirmation from Us at any time as to whether personal data relating to you will be processed. If this is the case, you have the right to request from us free of charge information about the personal data stored about you together with a copy of this data.

 

If personal data are transferred to a third country or an international organization, you have the right to be informed of the appropriate guarantees in accordance with GDPR and US data protection laws in connection with the transfer.

 

Right to correction

You have the right to request Us to correct any inaccurate personal data concerning you without delay.

 

Right for cancellation (“Right for oblivion”)

As a pursuant under GDPR and US data protection laws, you have the right to demand that we delete personal data concerning you without delay, and we are obliged to delete personal data without delay if one of the following reasons applies:

  1. personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. you file an objection to the processing pursuant to GDPR and US data protection laws, and there are no overriding legitimate grounds for the processing, or you file an objection to the processing pursuant under conditions of GDPR and US data protection laws.
  3. you withdraw your consent, on which the processing was based pursuant according to GDPR and US data protection laws, and there is no other legal basis for the processing.
  4. the deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which we are subject.

 

Right to limitation of processing

You have the right to request Us to restrict processing if one of the following conditions is met:

  1. you dispute the accuracy of your personal data for a period of time that enables us to verify the accuracy of your personal data;
  2. the processing is unlawful, and you have refused to delete the personal data and have instead requested the restriction of the use of the personal data;
  3. We no longer need the personal data for the purposes of processing, but you do need the data to assert, exercise or defend legal claims, or
  4. you have filed an objection against the processing pursuant according to GDPR and US data protection laws, as long as it is not yet clear whether the justified reasons of our company outweigh yours.

 

Right to transferability of data 

You have the right to receive the personal data concerning you that you have provided to us in a structured, current and machine-readable format, and you have the right to transmit this data to another person in charge without our interference, provided that

  1. processing is based on consent or on a contract pursuant according to conditions of GDPR and US data protection laws and
  2. processing is carried out using automated methods. When exercising your right to data transferability in accordance with paragraph 1, you have the right to request that the personal data be transferred directly by us to another person responsible, insofar as this is technically feasible.

 

Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you on the basis of GDPR and US data protection laws; this also applies to profiling based on these provisions. We no longer process personal data unless we can prove compelling grounds for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

 

If we process personal data for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising.

You have the right to object to the processing of personal data concerning you, for scientific or historical research purposes or for statistical purposes in accordance with GDPR and US data protection laws, for reasons arising from your particular situation, unless the processing is necessary to fulfill a task in the public interest.

 

Automated decisions including profiling

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. An automated decision making based on the collected personal data does not take place.

 

Right to revoke consent under data protection law

You have the right to revoke your consent to the processing of personal data at any time.

 

Right of appeal to a supervisory authority

You have the right of appeal to a supervisory authority.

 

In particular, if you have US residence, in the Member State where you are staying, working or suspected of having infringed the law, if you believe that the processing is unlawful.

Or, if you have EU/EEA residentship, and have a concern about our practices concerning the processing of Personal Data that we are not able to resolve, you have the right to lodge a complaint with the data protection authority where you reside or in which you work, or in which the alleged infringement occurred, each as applicable, or by contacting the authority for such issues, at https://edpb.europa.eu/about-edpb/about-edpb/members_en.

Notice to individuals in the State of California

Your Rights as a California Resident

As a California resident, you may have certain rights in relation to your personal information.

Right to Know

You may have the right to know how we have collected, used and disclosed your personal information. Specifically, you may have the right to know:

  • The categories of personal information we have collected about you.
  • The categories of sources from which we have collected your personal information.
  • The business or commercial purpose for which we collect, sell or share your personal information.
  • The categories of third parties to whom we have disclosed your personal information.
  • The categories of personal information that we disclosed for a business purpose and the categories of third parties to whom your personal information was disclosed for a business purpose.
  • The categories of personal information we have “sold” to or “shared” with  third parties and the categories of third parties to whom we have “sold” or “shared” your personal information.

You may have the right to know the specific pieces of personal information we have collected about you.

Right to Make a Deletion Request

You may have the right to request that we delete your personal information that we have collected about you. Subject to certain exceptions, we must delete your personal information and direct any service provider or contractor to delete your personal information.

Right to Correct Inaccurate Personal Information

You may have the right to request that we correct inaccurate personal information about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

Right to Opt-Out of Sales of Personal Information

You may have the right to opt-out of the sale of your personal information.

Right to Opt-Out of Sharing of Personal Information

You may have the right to opt-out of us sharing your personal information for cross-context behavioral advertising purposes.

Right to Limit Use and Disclosure of Sensitive Personal Information

Subject to certain exceptions, you may have the right to limit our use and disclosure of your sensitive personal information. We do not use or disclose sensitive personal information in a manner that gives rise to this right.

Right to Non-Discrimination

You have the right to not be discriminated against by us for choosing to exercise your rights under the CCPA.

Other Rights: Notice to California Consumers

You have other rights under California’s “Shine the Light” law. California Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes, please contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Categories of Data that We Hold about You

As mentioned above, We maintain data about you in only pseudonymized form, which means that we do not know your identity because we do not process your name, email address, or other identifiable information. Instead, we only process digital identifiers such as cookie IDs, IP addresses, mobile advertising IDs on your device, network browsing history and associated preferences, and in some limited circumstances, your hashed email address.

Why We Collect Your Personal Information

We process your Personal Information in order to provide Services and personalized advertisements to You.

Where do We Collect Your Personal Information

We automatically collect User Information when Users interact with our Services that appear on our Customers’ websites and digital properties. Like most other web-based services, we collect this User Information through cookies and other technologies. We may also obtain Information about you from our data partners.

We collect Information either directly from you during your use of our Sites and Services or from third parties that independently collect this Information from you, and we may combine the Information that we collect from these various sources. For more information about these collection methods, please see Sections above.

How do We Share Your Personal Information

We may disclose or make available your pseudonymous Personal Information to our trusted partners. In most cases when we do so, we have contractually restricted their uses of this data for only Our business purposes. Under the CCPA, such disclosures of Personal Information to service providers are not deemed to be a “sale” and thus are not prohibited after you exercise your right to cease or restrict disclosures or sales of your Personal Information to third parties. In any instances where we have not entered into a service provider relationship with such third parties, we will stop sharing your Personal Information when you instruct us not to “sell” your Personal Information.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy.

According to CalOPPA we agree to the following: 

  • Users can visit our site anonymously;
  • Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website;
  • Our Privacy Policy link includes the word ‘Privacy’, and can be easily found on the page specified above.

Users will be notified of any privacy policy changes on our Privacy Policy Page.

Users are able to change their personal information by emailing us.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.We do not specifically market to children under 13.

Fair Information Practices

  • The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
  • In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur
  • We will notify the users via in site notification
  • Within 7 business days

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

Opt-out of processing my data

Notice to individuals in the State of Virginia

Your Rights as a Virginia Resident

As a Virginia resident, you may have certain rights in relation to your personal data.

Right to Confirm

You may have the right to confirm whether we process your personal data and to access such personal data.

Right to Delete

You may have the right to request that we delete your personal data that we have collected about you. Subject to certain exceptions, we must delete your personal data.

Right to Correct Inaccurate Personal Data

You may have the right to request that we correct inaccurate personal data about you, taking into account the nature of the personal data and the purposes of the processing of your personal data.

Right to Opt-Out of Processing of Personal Data for Targeted Advertising

You may have the right to opt-out of the processing of your personal data for purposes of targeted advertising.

Right to Opt-Out of the Sale of Personal Data

You may have the right to opt-out of the sale of your personal data.

Right to Opt-Out of Profiling

You may have the right to opt-out of the processing of your personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

Right to Obtain a Copy of Your Personal Data

You may have the right to obtain a copy of your personal data that you previously provided to us.

Right to Non-Discrimination

You have the right to not be discriminated against by us for choosing to exercise your rights under the VCDPA.

Opt-out of processing my data

Notice to individuals in the State of Colorado

Your Rights as a Colorado Resident

Right to Access

You have “the right to confirm whether a controller is processing personal data concerning the consumer and to access the consumer’s personal data.”

Right to Correction

You have “the right to correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data.”

Right to Delete

You  have “the right to delete personal data concerning the consumer.”

Right to Data Portability

You have “the right to obtain personal data in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another entity without hindrance.”

Right to Opt-Out

Consumers have “the right to opt-out of the processing of personal data concerning the consumer for purposes of:

  • targeted advertising
  • the sale of personal data
  • profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.”

Right to Appeal

According to the Colorado Privacy Act regulations, Your request must be responded to within 45 days of receipt. The covered entity may subsequently extend that deadline by an additional 45 days if they are able to show reasonable necessity. However, when the deadline is extended, You must be notified by Us within the initial 45-day response period.

Opt-out of processing my data

Notice to individuals in the State of Utah

Your Rights as a Utah Resident

Right to access, including confirming whether a controller is processing their data, and the ability to request and receive that data;

Right to deletion of personal data, if the data subject directly provided the data to the controller;

Right to portability, obtaining a copy of their personal data that they provided to the controller, in a format that is:

  • portable to a technically reasonable extent
  • readily usable to a practical extent
  • enables the consumer to transmit the data to another controller reasonably easily, where the processing is carried out by automated means.

Right to opt out of certain processing, specifically for the sale of the personal data or the purposes of targeted advertising;

Some rights that are present in other US state-level laws, but absent from the UCPA, include the right to opt out of profiling and the right to correct (to request and have omissions or inaccuracies in one’s personal data corrected).

We under the Utah privacy law are not required to recognize “universal opt-out signals” as a method for consumers to opt out of data processing.

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions;
  • Process orders and to send information and updates pertaining to orders;
  • We may also send you additional information related to your product and/or service.

To be in accordance with CAN SPAM we agree to the following:

  • NOT use false, or misleading subjects or email addresses;
  • Identify the message as an advertisement in some reasonable way;
  • Include the physical address of our business or site headquarters;
  • Monitor third party email marketing services for compliance, if one is used;
  • Honor opt-out/unsubscribe requests quickly;
  • Allow users to unsubscribe by using the link at the bottom of each email.

Opt-out of processing my data

Notice to the citizens of Canada

Data subjects with a residentship in Canada  have the following rights under the Privacy Act:

The right to access information – the right to both:

confirmation as to whether (or not) an agency holds information about that person; and access to such personal information, where such personal information may be readily retrieved.

The right to correction of information – the right to request correction of information. The agency must, on request or of its own initiative, take steps that are reasonable in the circumstances to ensure (having regard to the purposes for which the information may lawfully be used), the information is accurate, up to date, and not misleading.

In addition to the access and correction rights you may be entitled to exercise the right to:

  • object to the processing of your personal data (for instance, where we base the processing on our legitimate interests and we will stop processing your data. Except for processing related to direct marketing, we may resume processing if we can show legitimate grounds that override your rights;
  • request the restriction of processing of your personal data (for instance, if the data is not accurate and needs to be updated). This can also be done for data where the purposes of processing no longer apply, but you still need the data and do not want us to erase it;
  • request erasure of your personal data (for instance, if it’s no longer necessary for the purposes for which it was collected, if you have withdrawn consent or there is no other legal basis for processing, or if you have objected to the processing and our legitimate interests do not override your rights). Certain data may not be erased if we have a requirement to retain it for legal purposes;
  • request portability of your own personal data (the transfer of information you have provided to us, to another controller, in a structured, commonly used and machine-readable format), if such a request is technically possible to complete.

Also, according to Canadian legislation and specifically under both the Privacy Act (R.S.C., 1985, c. P-21) and the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5, Assented to 2000-04-13), We collect personal information as defined by section 3 of the Privacy Act.

Notice to the citizens of Australia

The Australian Privacy Principles (or APPs) are the cornerstone of the privacy protection framework in the Privacy Act 1988 (Privacy Act). They apply to any organization or agency the Privacy Act covers.

There are 13 Australian Privacy Principles and they govern standards, rights and obligations.

The Privacy Act regulates the way individuals’ personal information is handled.

As an individual, the Privacy Act gives you greater control over the way that your personal information is handled. The Privacy Act allows you to:

  • know why your personal information is being collected, how it will be used and who it will be disclosed to;
  • have the option of not identifying yourself, or of using a pseudonym in certain circumstances;
  • ask for access to your personal information (including your health information);
  • stop receiving unwanted direct marketing;
  • ask for your personal information that is incorrect to be corrected;
  • make a complaint about an organization or agency the Privacy Act covers, if you think they’ve mishandled your personal information.

Notice to the citizens of Brazil

The provisions contained in this section apply to all Users who reside in Brazil, according to the “Lei Geral de Proteção de Dados” (Users are referred to below, simply as “you”, “your”, “yours”). For such Users, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy.

This part of the document uses the term “personal information“ as it is defined in the Lei Geral de Proteção de Dados (LGPD).

The grounds on which we process your personal information

We can process your personal information solely if we have a legal basis for such processing.

Legal bases are as follows:

  • your consent to the relevant processing activities;
  • compliance with a legal or regulatory obligation that lies with us;
  • the carrying out of public policies provided in laws or regulations or based on contracts, agreements and similar legal instruments;
  • studies conducted by research entities, preferably carried out on anonymized personal information;
  • the carrying out of a contract and its preliminary procedures, in cases where you are a party to said contract;
  • the exercising of our rights in judicial, administrative or arbitration procedures;
  • protection or physical safety of yourself or a third party;
  • the protection of health – in procedures carried out by health entities or professionals;
  • our legitimate interests, provided that your fundamental rights and liberties do not prevail over such interests; and
  • credit protection.

To find out more about the legal bases, you can contact us at any time using the contact details provided in this document.

Categories of personal information processed

To find out what categories of your personal information are processed, you can read the section titled “Detailed information on the processing of Personal Data” within this document.

Why we process your personal information

To find out why we process your personal information, you can read the sections titled “Detailed information on the processing of Personal Data” and “The purposes of processing” within this document.

You have the right to:

  • obtain confirmation of the existence of processing activities on your personal information;
  • access to your personal information;
  • have incomplete, inaccurate or outdated personal information rectified;
  • obtain the anonymization, blocking or elimination of your unnecessary or excessive personal information, or of information that is not being processed in compliance with the LGPD;
  • obtain information on the possibility to provide or deny your consent and the consequences thereof;
  • obtain information about the third parties with whom we share your personal information;
  • obtain, upon your express request, the portability of your personal information (except for anonymized information) to another service or product provider, provided that our commercial and industrial secrets are safeguarded;
  • obtain the deletion of your personal information being processed if the processing was based upon your consent, unless one or more exceptions provided for in art. 16 of the LGPD apply;
  • revoke your consent at any time;
  • lodge a complaint related to your personal information with the ANPD (the National Data Protection Authority) or with consumer protection bodies;
  • oppose a processing activity in cases where the processing is not carried out in compliance with the provisions of the law;
  • request clear and adequate information regarding the criteria and procedures used for an automated decision; and
  • request the review of decisions made solely on the basis of the automated processing of your personal information, which affect your interests. These include decisions to define your personal, professional, consumer and credit profile, or aspects of your personality.

You will never be discriminated against, or otherwise suffer any sort of detriment, if you exercise your rights.

How to file your request

You can file your express request to exercise your rights free from any charge, at any time, by using the contact details provided in this document, or via your legal representative.

How and when we will respond to your request

We will strive to promptly respond to your requests.

In any case, should it be impossible for us to do so, we’ll make sure to communicate to you the factual or legal reasons that prevent us from immediately, or otherwise ever, complying with your requests. In cases where we are not processing your personal information, we will indicate to you the physical or legal person to whom you should address your requests, if we are in the position to do so.

In the event that you file an access or personal information processing confirmation request, please make sure that you specify whether you’d like your personal information to be delivered in electronic or printed form.

You will also need to let us know whether you want us to answer your request immediately, in which case we will answer in a simplified fashion, or if you need a complete disclosure instead.

In the latter case, we’ll respond within 15 days from the time of your request, providing you with all the information on the origin of your personal information, confirmation on whether or not records exist, any criteria used for the processing and the purposes of the processing, while safeguarding our commercial and industrial secrets.

In the event that you file a rectification, deletion, anonymization or personal information blocking request, we will make sure to immediately communicate your request to other parties with whom we have shared your personal information in order to enable such third parties to also comply with your request – except in cases where such communication is proven impossible or involves disproportionate effort on our side.

Transfer of personal information outside of Brazil permitted by the law

We are allowed to transfer your personal information outside of the Brazilian territory in the following cases:

  • when the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, according to the legal means provided by the international law;
  • when the transfer is necessary to protect your life or physical security or those of a third party;
  • when the transfer is authorized by the ANPD;
  • when the transfer results from a commitment undertaken in an international cooperation agreement;
  • when the transfer is necessary for the execution of a public policy or legal attribution of public service;
  • when the transfer is necessary for compliance with a legal or regulatory obligation, the carrying out of a contract or preliminary procedures related to a contract, or the regular exercise of rights in judicial, administrative or arbitration procedures.

Miscellaneous

  1. If any provision of this Privacy Policy is held unenforceable by a court of law, then the Company will modify such provision to comply with applicable law and all other provisions. will remain in full force and effect.
  2. Dispute resolution. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Privacy Policy. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Privacy Policy.
  3. Governing law; Place of jurisdiction. Any cause of action, claim and/or dispute that might arise between the parties hereunder, shall be subject to the laws of the state of Delaware (USA), without regard to conflict of law principles and provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Non-exclusive jurisdiction and venue for actions related to this Agreement or Licensee’s use of the Software will be the state courts located in the state of Delaware (USA).

Changes to This Privacy Policy

We reserve the right to revise or amend the terms of Our Privacy Policy at any time without prior notice and each User agrees that the revisions or amendments will be effective upon updating on this Website. We agree to change the “Effective date” appearing at the top of this page to reflect each time We make any changes, and it is the responsibility of each User to check back often. Continued use of Our Website and Services following the posting of changes shall mean that each User accepts those changes.

 

Our Privacy Policy and Terms of Use form the Agreement with each User and set out the basis on which any personal data We collect from them, or that they provide to Us, will be utilized by Us. Any Content or data We collect will only be used in accordance with this Privacy Policy and the Terms of Use. Please read the following carefully to understand Our views and practices regarding personal content, information, and data and how it​ will be treated.

 

Through the use of Our ​Website and any use of the Services, each User agrees to the terms provided in Our​ Privacy Policy regarding the use of their personal content, information, and data that We collect by their visiting Our Website​ and using Our Services. Users that feel Our Privacy Policy is unacceptable to them, agree and represent that their only recourse is to discontinue use of Our Website and discontinue use of the Services.

Contacting Us

Click here to contact us regarding the Privacy Policy, other privacy issues or write directly on email at [email protected], or please write to the following address:

 

GoMage, Inc.

100 Congress Avenue

 Suite 2000 – #4555 

Austin, TX 78701

 

Monday – Friday

3:00 a.m. – 12:00 p.m. Eastern Standard Time (EST)

(P)  646-878-6537