Welcome and Introduction
Welcome to Easel.ly! Easel.ly is an online platform for creating infographics (collectively, the “Services”). The Services and the Easel.ly web site (and any other website we operate) (together, the “Site”) are provided by Cuana, LLC, a Washington limited liability company, dba Easel.ly (“Easel.ly”).
What Is Personal Information?
What Personal Information Do We Collect?
We collect certain information you voluntarily provide to us including, without limitation, the information you enter when you create an account and profile, send us an email, enter into a subscription agreement or end user license agreement with us, request user support, or submit or post any other content to the Site or use the Services.
We automatically collect certain information when you use the Site and the Services including, without limitation, your Internet Protocol (“IP“) address, your operating system, the browser type, the address of a referring site and your activity on the Site. We also collect information from mobile phone users in a similar manner to optimize the mobile experience. Beyond mobile phone numbers, we collect mobile screen resolution, device make and manufacturer, and may also collect the device’s unique identifier (in the iPhone’s case, a UDID), and, with your permission, your location. We treat this information as Personal Information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.
We may also receive personal information from users about third parties, and may process this information with other Personal Information we maintain about you for purposes of fulfilling user requests or providing our Services. However, such information is not otherwise stored by us, is not re-used in connection with other user accounts, and is not sold to third parties.
The Site or Services may now or in the future allow users to send messages to each other. These messages may be stored for retrieval at later times in order to facilitate user communication.
The Site or Services may now or in the future allow users to make transactions. Data will be securely stored when a transaction is made, including the date and type of purchase made, your credit card number, expiration date, billing address, and CW or security code number.
Even after you remove information from your profile or delete your account or cease use of the Services, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users. If you post any of your information to a public area of the Site or the Services, please be aware that it is no longer “Personal Information” for purposes of this Policy, and we or anyone else may use such information without restriction. If you provide access to personal or other information, including your email address or name, to other users through the application of any of our privacy controls or other Service or Site settings, you hereby acknowledge and agree that Easel.ly has no control over nor liability for how others may collect, use, or disclose such information.
What Aggregated and Non-Personal Information Do We Collect?
We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of the Site and the Services. We also may include web beacons in promotional email messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer visitors to our Site to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
When you visit the Site, we may assign your computer one or more cookies, to facilitate access to the Site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on the Site, such as the web pages you visit, the links you click, and the searches you conduct on the Site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on the Site or through our Services.
FERPA Compliance. With regard to school-based activities, COPPA allows teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children. Schools should always notify parents about these activities. For more information on parental rights with respect to a child’s educational record under the Family Educational Rights and Privacy Act (“FERPA“), please visit the FERPA site at http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
How Do We Use the Personal Information We Collect?
In General. We may use information that we collect about you to:
- Deliver the products and services that you have requested;
- Manage your account and provide you with customer support;
- Perform research and analysis about your use of, or interest in, our products, Services, or content, or products, services, or content offered by others;
- Communicate with you by email, postal mail, telephone, and/or mobile devices about products or services that may be of interest to you either from us or other third parties;
- Tailor your user experience;
- Develop and display third-party content and advertising tailored to your interests on the Site and other sites;
- Enforce our Terms and Conditions;
- Manage our business; and
- Perform functions as otherwise described to you at the time of collection.
Financial Information. We may use financial information or payment method to process payment for any purchases, subscriptions, or sales made on or through the Site or in connection with the Services, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
Please review “Your Control” and “What Choices Do You Have Regarding the Use of Your Information” below.
What Personal Information Do We Share with Third Parties?
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on the Site or while using the Services.
Personal Information. We do not share your Personal Information with others except as indicated herein or when we inform you and give you an opportunity to opt out of having your Personal Information shared. We may share Personal Information with:
- Authorized Service Providers: We may share your Personal Information with our authorized service providers, including advertisers and corporate partners, that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, providing customer service and marketing assistance, performing business analysis, supporting the functionality of the Site and the Services, and supporting surveys, offering additional or related services, and other features offered through or in connection with the Site. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, report, or take other action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property, or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the terms and conditions that apply to our Site or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. Any future companies to whom we may work with will be consistent with our own privacy policies.
Aggregated and Non-Personal Information. We may share aggregated and/or non-Personal Information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on the Site, through the Services, and on websites of third parties. We may combine non-Personal Information we collect with additional non-Personal Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers, and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any Personal Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
- You can choose not to provide us with certain information, but that may result in you being unable to use certain features of the Site and the Services because such information may be required in order for you to register as a member, purchase products or services, participate in a survey, ask a question, or initiate other transactions on the Site or through the Services.
- When you register on the Site you may be given a choice as to whether you want to receive email messages and/or newsletters about product updates, improvements, special offers, or containing special distributions of content by us. At any time you can choose to no longer receive commercial or promotional emails or newsletters from us by using the email address associated with your account to send an email to firstname.lastname@example.org with the word “Unsubscribe” in the subject line. You also will be given the opportunity, in any commercial email that we send to you, to opt out of receiving such messages in the future. It may take up to ten (10) days for us to process an opt-out request. We may send you other types of transactional and relationship email communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party (such as a credit card processing partner) before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.
Links to Other Sites
What Steps Do We Take to Protect Your Information Online?
We take reasonable measures to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. If we become aware of a security systems breach, we will attempt to notify you electronically using the contact information we have available so that you can take appropriate protective steps. We will post a notice through the Site and/or Services if a security breach occurs. If this happens, you will need a web browser enabling you to access the Services. We may also send an email to you at the email address you have provided to use in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Users should also be aware of how they handle and disclose their Personal Information and should avoid sending Personal Information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shm for information about how to protect yourself against identity theft.
Your California Privacy Rights
Effective January 1, 2005, under California Civil Code Section 1798.83, if an individual who is a California resident has provided Personal Information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s Personal Information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what Personal Information was shared and with whom it was shared.
Any request for a disclosure required under this California law should be sent to us via email or via regular mail at the addresses listed under the “Questions and Contact Information” section below.
Please note that under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
Information Retention and Disposal
We may retain Personal Information for as long as we have a business need for it or as applicable laws or regulations or government orders require us to retain it. Our current retention policy is to store data up to 18 months on accounts that aren’t active. Additionally, the Site and/or the Services may enable you (or other users) to save information including information that you have made public or allowed certain users to access or see.
“Do Not Track”
Terms Applicable to Data from EU Member Countries
We are based in and operate from the U.S. In most cases, the Personal Information we collect is stored and used in the U.S. While we do not direct our services to residents of the EU, it is possible that EU residents may access and use the Site.
If we collect Personal Information from EU residents in a manner subject to the General Data Protection Regulation then, in addition to the above, the following terms shall also apply to our collection, use and retention of that information:
Compliance with Privacy Shield Principles: When handling information from residents of the EU member countries, we strive to comply with the EU-U.S. Privacy Shield Framework principles (Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability) regarding the collection, use and retention of Personal Information from EU member countries. However, our compliance with these principles may be limited (a) to the extent necessary to meet applicable national security, public interest, or law enforcement requirements; or (b) by statute, governmental regulation, or case law. If there is a conflict between the policies set forth below and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.
Basis for Collection: As set out above, we collect and process Personal Information for which you have given your express consent at the time of collection. For example, we collect Personal Information when you elect to participate in one of our promotions. We also collect and process Personal Information to order improve our Services, to deliver services and perform obligations under contracts we have with you, and to comply with our own legal obligations.
Sensitive Data: We do not collect sensitive data, for example, biometric data, health data, or data revealing racial or ethnic origin, from visitors to the Site.
Authorized Transfer: We also may disclose Personal Information for other purposes or to other third parties when you have consented to or requested such disclosure. Please be aware that we will disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We are not liable for appropriate onward transfers of personal data to third parties.
Data Processors: We may retain third parties to process or analyze personal Information we collect from the Site. For example, a Site may be maintained or hosted by a third party service provider, a promotion may be administered by a sales promotion agency, and/or products may be fulfilled by a wholesaler. These suppliers and other third parties who provide services for us are contractually obligated not to use Personal Information about you except as we authorize.
Profiling: We may analyze Personal Information we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use Personal Information about you to detect and reduce fraud and credit risk.
Your Rights: Your rights include: (a) a right to withdraw your consent to the processing of Personal Information about you to which you have previously given consent; (b) a right to object to processing of Personal Information about you for the purpose of direct marketing; and (c) a right to have incorrect Personal Information about you corrected or removed.
If you request to have incorrect Personal Information removed, we may retain some of your Personal Information as necessary for the purposes of our legitimate business interests or in furtherance of public interests in accordance with the Privacy Shield Principles. Any Personal Information you have shared publicly with others may continue to be publicly visible on the Site.
You also have the right to obtain a copy of the Personal Information we have about you, although we reserve the right to charge a fee for this depending on the nature and frequency of your request(s) and our cost to provide the information.
Enforcement and Disputes: In compliance with the EU-U.S. Privacy Shield and the U.S. / Swiss Safe Harbor Principles, we commit to resolve complaints about your privacy and our collection or use of your Personal Information. If you do not receive timely acknowledgement of your request or have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
In addition to the above, you may complain to your home data protection authority and can invoke binding arbitration for some residual claims not resolved by other redress mechanisms. Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Questions and Contact Information
Name: Vernon Southward
Address: 915 26th Ave NW STE C1, Gig Harbor, Washington, 98335
Phone: +1 (425) 533-2406 / Email: email@example.com
Complaints or Questions Related to Privacy: firstname.lastname@example.org
Last Updated: November 2018