Graphika, Inc. (address: 311 West 43rd Street, 12th Floor (West Entrance) New York NY 10036 USA, phone: +1 (646) 653-9769, email: firstname.lastname@example.org, hereinafter as “Graphika”, “we”, “us”, or “our”) is the controller of your Personal Information in the meaning of Art. 4 no. 7 of the EU General Data Protection Regulation (“GDPR”).
Information We Collect Directly from You
We may collect Personal Information directly from You. For example, if You create an account with us, we may collect Your name, email address, username, password, and/or Twitter handle. We will also collect any other Personal Information that You provide to us through our Services, such as Your name and email address if You sign up for updates through our Site.
Information We Collect from Third Parties
Information We Collect Automatically
We automatically collect information about You through Your use of our Services: IP address, location, browser type, domain name, the website that led You to our Services, the website to which You go after leaving our Services, the dates and times You access our Services, device ID, and activities within our Services (e.g., links You click, searches You run, etc.). Please see our Cookies and Other Tracking Mechanisms section below for more information.
HOW WE USE INFORMATION
We use Your Personal Information for the following purposes:
- Providing Our Services. To provide and maintain our Services; and for other customer service and support purposes. In such case the collection and processing of your Personal Information is based on Art. 6 para. 1 (b) GDPR (necessary for the performance of a contract with you).
- Improving Our Services. To improve our Services; to develop new features or services; to perform technical operations, such as updating software. In such case the collection and processing of your Personal Information is based on Art. 6 para. 1 (f) GDPR (necessary for the purpose of the legitimate interests of the data controller). Our legitimate interest is to continuously improve our Services.
- Research and Analytics. To analyze how You interact with our Services; to monitor and analyze usage and activity trends; and for other research, analytical, and statistical purposes. In such case the collection and processing of your Personal Information is based on Art. 6 para. 1 (f) GDPR (necessary for the purpose of the legitimate interests of the data controller). Our legitimate interest is to continuously improve our Services.
- Marketing and Communications. To communicate with You about Your use of our Services, including to send You updates, respond to Your inquiries, and provide You with news and newsletters, special offers, promotions, and other information we think may interest You, and for other informational, marketing, or promotional purposes, subject to your prior consent. In such case the processing of your personal data is based on Art. 6 para. 1 (a) (your consent) or Art. 6 para. 1 (f) GDPR (necessary for the purpose of the legitimate interests of the data controller or a third party). The legitimate interest is to (a) respond to inquiries of our Users and to communicate with them, (b) inform our Visitors, Users and potential Users in an efficient way about our services that may be of interest to them. Please note that You have the right to object at any time against the processing of Your Personal Information for direct marketing purposes – in this case Your Personal Information will no longer be processed for such purpose. Our communications with You may include communications via email. Please see our section regarding Your Choices for more information about how to change Your communications preferences.
- Legal Compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a governmental authority. In such case the processing of your personal data is based on Art. 6 (1) lit. c) GDPR (necessary for compliance with a legal obligation).
HOW WE DISCLOSE INFORMATION
We disclose Your Personal Information as described to You at the time of collection, as consented by You before disclosure, or as follows:
- Users. To other Users for purposes of providing our Services. For example, Your organization may have an administrator account, and the administrator may be able to see information about the various accounts under it. You may also be able to elect to share information with other Users to, for example, enable collaboration. In such case the collection and processing of your Personal Information is based on Art. 6 para. 1 (b) GDPR (necessary for the performance of a contract with you).
- Service Providers. To our vendors, service providers, agents, or others who perform functions on our behalf. For example, we use third parties to send emails on our behalf. We may share your Personal Information with these third parties only for the purposes of performing these functions and providing such services and subject to the required data processing contracts. We ensure that in connection with the engagement of our service providers we comply with the provisions of Art. 28 GDPR. We engage only service providers who provide sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing ensures the protection of Your rights. We primarily engage service providers located within the European Economic Area. Should we engage service providers in third countries (i.e. located outside of the European Economic Area), we make sure that Art. 44-49 GDPR are complied with.
- Business Transfers. To another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer. In such case the transfer of the Personal Information is based on Art. 6 (1) lit. f) GDPR (necessary for the purpose of the legitimate interests of the data controller or a third party). The legitimate interest is to enable corporate transactions.
- Legal Compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a government official. In such case the disclosure of your personal data is based on Art. 6 (1) lit. c) GDPR (necessary for compliance with a legal obligation).
- Aggregate and De-Identified Information. To disclose aggregate, anonymous, or de-identified information for marketing, advertising, research, compliance, or other purposes. Such disclosure does not affect Personal Information.
COOKIES AND OTHER TRACKING MECHANISMS
- Cookies Cookies are alphanumeric identifiers that we transfer to a computer’s hard drive through a web browser for record-keeping purposes. Some cookies allow us to make it easier for You to navigate our Services, while others are used to enable a faster log-in process or to allow us to track Your activities while using our Services. Most web browsers automatically accept cookies, but if You prefer, You can edit Your browser options to block them in the future. The Help portion of the toolbar on most browsers provides information about how to prevent a computer from accepting new cookies, how to have the browser notify upon receiving a new cookie, or how to disable cookies altogether. If You disable cookies, You may be able to browse certain areas of the Services, but some features may not function (e.g., You may not be able to stay logged into Your account).
- Clear GIFs, pixel tags, and other technologies Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on a computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track Your activities, help us manage content, and compile statistics about usage of our Services. We and our service providers also use clear GIFs in HTML emails to You, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
- Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; “Google”). The use includes the “Universal Analytics” operating mode. This facilitates the assignment of data, sessions and interactions across several devices to a pseudonymous user ID and thus the analysis of a user's activities across devices.
Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) is usually transmitted to and stored by Google on servers in the United States, a country that does not offer an equivalent level of protection of privacy to that applicable in the European Union. However, if IP anonymisation is activated on this website, Google will reduce your IP address within Member States of the European Union or in other states party to the Agreement on the European Economic Area beforehand, so that a direct connection to the individual user is eliminated. Google will truncate/anonymize the last octet of the IP address within Member States of the European Union or in other states parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA.
On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. Sessions and campaigns are terminated after a certain period of time. By default, sessions are closed after 30 minutes without activity and campaigns after six months. The time limit for campaigns may not exceed two years.
Please note that on this website IP anonymization is activated, i.e. the Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking).
- Squarespace Analytics
Squarespace will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider.
For further information please visit https://www.squarespace.com/privacy/.
- Do Not Track Disclosure Our Services may not respond to Do Not Track signals. You can learn more about Do Not Track signals at http://www.allaboutdnt.com/. You may, however, disable certain tracking as discussed in the Cookies and Other Tracking Mechanisms section above (e.g., by disabling cookies).
- Interest-Based Advertising We use third parties such as network advertisers to display advertisements on our Services, to assist us in displaying advertisements on third-party services, and to evaluate the success of our advertising campaigns. You may opt out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI members and DAA members, and Your choices regarding having this information used by these companies, including how to opt out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).
Opting out of one or more NAI member or DAA member networks only means that those members no longer will deliver targeted content or ads to You. It does not mean You will no longer receive any targeted content or ads on our Services or other services. You may continue to receive advertisements, for example, based on the particular website that You are viewing (i.e., contextual advertising) or from entities that are not members of the NAI or DAA. Also, if Your browsers are configured to reject cookies when You visit an opt-out page, or You subsequently erase Your cookies, use a different computer or change web browsers, Your NAI or DAA opt out may no longer be effective.
We have implemented a number of measures to help protect the personal information we collect. These measures include limiting access to personal information to employees with a need to access it and encrypting personal information provided through our Site using Secure Socket Layer (SSL) technology. Please note, however, that while we endeavor to keep our security measures up-to-date, no data security measures can guarantee complete security. In addition, there are steps that You can take to help protect personal information, including choosing a robust password for your device and/or account that nobody else knows or can easily guess and keeping Your log-in and password private. If an unauthorized third party compromises our security measures, Graphika is not responsible for any direct or indirect damages caused by such unauthorized party’s access, acquisition, or distribution of Your personal information. If You believe that Your personal information has been compromised, we encourage You to notify us immediately. You can also learn more about steps you can take to protect your Personal Information at https://www.consumer.ftc.gov/articles/0272-how-keep-your-personal-information-secure.
Please note that we retain Personal Information about You - in accordance with our record retention policies - as required by law (e.g. under German law we are obliged to retain letters and emails for six years; documents relevant for tax purposes for ten years) or as required for the achievement of the purposes of the processing as mentioned above (e.g. to enforce any Agreements).
YOUR RIGHTS AND CHOICES
Right to information. Upon request, we will inform you in writing as to whether and, if so, what Personal Information we have stored about you. You may view your Personal Information at any time free of charge and request their rectification, erasure or the restriction of processing. You also have the right to receive the Personal Information we retain about you in a structured, commonly used and machine-readable format. Upon your request, we will transfer your Personal Information to another data controller. In order to exercise any of the rights mentioned in this section or should you have any questions regarding the processing of your Personal Information, please contact us at email@example.com. You may also contact our data protection officer at firstname.lastname@example.org who will be happy to provide any information you may require or deal with any suggestions or complaints you may have. You also have the right to lodge a complaint with the competent data protection authority.
Opting out of processing. Where processing is based on your consent, you have a right to withdraw consent at any time, without affecting the lawfulness of the processing before withdrawal.
Opting out of Email Communications. Subject to your opt-in, we may send periodic promotional or informational emails to You. You may opt out of such communications by following the opt-out instructions contained in the email or contacting us at email@example.com. Please note that it may take up to 10 business days for us to process opt-out requests. If You opt out of receiving marketing emails from us, we may still send You non-promotional emails (e.g., about Your account with us).
Children Our Services are not targeted to children under thirteen years of age, and we do not knowingly collect personal information from children under thirteen. If we discover that a child under thirteen has provided us with personal information, we will promptly delete such personal information from our systems.
Company may make changes to the content offered on the Site at any time. Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
Company provides content through the Site that is copyrighted and/or trademarked work of Company or Company’s third-party licensors (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Graphika is a trademark of Company. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company, Copyright © 2018 Graphika, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties.
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by Company, and they may include inaccuracies or typographical or other errors. Company does not warrant the accuracy of timeliness of the Materials contained on this Site. Company has no liability for any errors or omissions in the Materials, whether provided by Company, our licensors or suppliers or other users.
COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ITS CONTENTS, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability.
COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Company controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Site will be heard in the courts located in New York City, New York. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Company about this Site. The proprietary rights, disclaimer of warranties, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us by email at firstname.lastname@example.org or by phone at +1 (646) 653-9769.