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MERCHANTWORDS PRIVACY POLICY

Updated and effective as of:  May 31, 2018

This Privacy Policy explains how Merchant Words, LLC and its subsidiaries (“MerchantWords”, “we”, “us”, “our”) collect, use, and share information and the options available to you. If you have any questions, you may contact us. See the “Contacting Us” section below.  We may change this Privacy Policy from time to time. Please consult this Privacy Policy regularly for updates. See “Changes to this Privacy Policy” below for more information. You acknowledge that you accept the practices described in this Privacy Policy by visiting MerchantWords.com or using our Services.

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers the information that we may collect or receive through all digital formats, including the Internet and mobile: from users who: use our software applications, provide their information on sign-up pages, use our social media pages such as Facebook and Twitter, receive email or chat messages from us or send email or chat messages to us, and visit www.merchantwords.com and other websites and mobile applications owned and operated by us, including our user interfaces (collectively, the “Services”). We may also receive information about you from our third party service providers or our third parties may independently receive and store information from you in connection with the Services.

This Privacy Policy does not cover, and we are not responsible for, the privacy, data or other practices of any third parties (except as required by applicable law). See “Third Parties” below for more information.

Choice and Opting Out: see “Choices” below for information about your choices regarding opting out of email marketing communications, opting out of MerchantWords’ cookies, opting out of interest-based advertising from third parties’ cookies, and opting out of the use of precise location.

Access and Rights: see “Access and Rights regarding Personal Information” below for information about how to be informed, the right to data portability, the right to object, your rights in relation to automated decision making and profiling, and the right to access, rectification, erasure, and restrict the processing of, the personal information that MerchantWords maintains about you.

International Transfers: see “International Information Transfers and Model Clauses” below for information on the transfer of your personal data.

COLLECTION OF INFORMATION

We and our third party service providers may collect personal information from you from the Services, including the following:

  • name,
  • email address,
  • the last four digits of your credit card number, and
  • zip code.


For example, we collect your personal information when you request information about the Services, you sign up to use the Services through our client login and user interfaces, or you request access to our resources. The decision to provide this information is optional, however, if you elect not to provide such information, you will not be able to access the information you had requested to access or use.

We also collect other information about you such as your MerchantWords account password, the creation date of your account, and payment information, such as your subscription type and the number of times we have charged your credit card for our Services.

We and our third party service providers may also collect other information that is linked or reasonably linked to a particular computer or device. This information includes the following:

  • unique identification numbers, including IP address;
  • your location data as derived from IP address
  • browser information, including browser type;
  • device information, including screen dimensions, device brand and model;
  • time spent on the Services and your activities on the Services;
  • mobile device identifier;
  • information provided by you; and
  • aggregated information.

We and our third party service providers may collect this information in a variety of ways, including through: your browser or device; your mobile device identifier; your use of our applications; the use of pixel tags and other similar technologies; your IP address; the aggregation of information; and cookies (see Cookies and Similar Technologies below).

USE OF INFORMATION

We and our third-party service providers may use personal information (such as email address and the last 4 digits of your credit card) collected from the Services:

  • to create your account with MerchantWords, such as by using your email address as your primary ID for your MerchantWords account,
  • to bill your credit card for our fees, in which case our service provider will use your entire credit card number,
  • to operate the Services and to facilitate your use of the Services,
  • to contact you in connection with your transactions,
  • to respond to your inquiries and fulfill your requests,
  • to send administrative information and news about our Services to you,
  • to send you communications that we believe may be of interest to you, including any communications for marketing purposes related to the Services,
  • to forward messages to you from other users of the Services,
  • for our business purposes, such as data analysis, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, and determining the effectiveness of our campaigns, and
  • as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.


We and our third party service providers may use other information from the Services that is linked or reasonably linked to a particular computer or device:

  • to operate, improve, analyze and manage the Services,
  • to ensure the Services function properly,
  • to provide you with personalized location-based services and content through the use of your device’s physical location (where permitted by law),
  • to track your use of the Services to improve the design and functionality of the Services,
  • to measure and report on the success of marketing campaigns,
  • for anti-scraping and data protection measures,
  • to diagnose server problems and administer the Services via your IP Address (a number automatically assigned to the computer or device that you are using by your internet service provider), and
  • as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

We may partner with certain third parties to collect other information to engage in analysis, research, and reporting, as well as to deliver advertising that we believe may interest you based on your activity on our website and other websites over time. These third parties may set and access cookies on your computer or other devices and may also use web logs or web beacons. See “Cookies and Similar Technologies.”

In some instances, we may combine information from the Services that is linked or reasonably linked to a particular computer or device with personal information. If we combine such information with personal information, the combined information will be treated by us as personal information as long as it is combined.

INFORMATION SHARING

Your personal information (such as email address and last 4 digits of credit card number) collected from the Services may be shared:

  • among our affiliates for the purposes described in this Privacy Policy (Merchant Words, LLC is the party responsible for the management of the information jointly used by it and its affiliates),
  • with our third-party service providers who provided services to help us operate and improve our Services, such as cloud storage, billing (in which case our vendor will use your entire credit card number), email marketing, and customer service,
  • directly by you on profile pages and blogs and other services to which you are able to post information and materials yourself (including, without limitation, our social media pages),
  • with a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), and
  • as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

We and our third party service providers may share other information from the Services that is linked or reasonably linked to a particular computer or device:

  • among our affiliates for the purposes described in this Privacy Policy (Merchant Words, LLC is the party responsible for the management of the information jointly used by it and its affiliates),
  • with our third-party service providers who provide services to help us improve and operate our Services, such as products analytics, traffic and site interaction analytics, campaign measurement, and Service maintenance and production,
  • with a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), and
  • as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

We may also share and disclose other information that we collect, including aggregate information, as we consider necessary to develop and provide our Services, including in the ways described above in this section “Information Sharing.”

We ask our service providers to confirm that their privacy and security practices are consistent with ours, we provide our service providers with only the information necessary for them to perform the services we request, and we ask our service providers not to use such information for any purpose other than as specified by MerchantWords.

MerchantWords may offer online resources that facilitate communications among the MerchantWords client community and others. Whenever you voluntarily post information to any public forum offered by MerchantWords, such information along with your user name can be accessed by other users of the forum, including members of the public if the forum is open to the public.

COOKIES AND SIMILAR TECHNOLOGIES

We and our service providers use cookies in connection with our Services. A cookie is a small data file that is stored on your computer’s or mobile device's memory. Some cookies help you navigate our Services, including setting a cookie to remember your login details. Cookies also help us better understand the effectiveness of our Services and to highlight areas we can improve (for example, by tracking the way in which you respond to, select and interact with our Services, by allowing us to evaluate aggregate usage and web traffic routing on our Services). If you submit an inquiry through our Service and provide your name and email and similar information, that personal information will not be tied back to you for interest-based advertising purposes across websites and applications, however, you may receive email marketing communications from us, and you may received interest-based advertising from third parties based on cookies dropped on your device by our third party service providers.  To opt out of marketing communications and interest-based advertising by third parties, see “Choices.”

We and our service providers may also use "pixel tags," "web beacons", "clear GIFs" or similar means (individually or collectively "Pixel Tags") to analyze usage patterns of consumers. A Pixel Tag is an electronic image, often a single pixel, which is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a web page or in a mobile application and may be associated with cookies on your hard drive. Some Pixel Tags are used to drop cookies on users’ devices. Pixel Tags allow us to count users who have visited our Services and pages within our Services, and to help determine the effectiveness of our Services.

Third parties may use cookies or similar technologies on visitors of our Services to serve interest-based advertisements to such visitors when they visit other websites and mobile applications. The collection of information through cookies or similar technologies by such third parties will be governed by such third parties’ own privacy policies and principles, which MerchantWords does not control.

For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu.

To read about your choices with regard to MerchantWord’s and third parties’ uses of cookies in our Services, please see “Choices.”

We do not track users when they cross to third party websites, and we do not provide targeted advertising to them, and therefore we do not respond to Do Not Track (DNT) signals.

LEGAL BASIS RELIED ON FOR PROCESSING PERSONAL INFORMATION OF EUROPEAN ECONOMIC AREA INDIVIDUALS

MerchantWords is a data controller with respect to the personal data collected or received by us (such as email address and credit card numbers) through our Services.  In this case, the data controller is Merchant Words, LLC.  Depending on the data processed, we rely on various legal bases for the processing. We may process personal information (such as your email address and credit card number) with your consent or to fulfill our obligations under our contract with you, such as our obligation to give you access to our Services that you paid for and to process payment.  On certain occasions, we may also rely on the consent of the individual to process personal information (for example, in some jurisdictions, when the user inputs personal information into the Services and consents to receive marketing communications). On other occasions we may rely on legitimate interest as a basis for processing, when it is in our legitimate interests to do so and when these interests are not overridden by the individual’s data protection rights. Those legitimate interests include performing our obligations with respect to providing the Services and improving our Services.

RETENTION

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law, or an individual requests deletion in accordance with applicable law.  See “Access and Rights regarding Personal Information.”

CHOICES

Opting Out of Marketing

We give you choices regarding our use and disclosure of your personal information for marketing purposes.

You may opt-out from receiving electronic communications from us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing related emails by contacting us at [email protected] or by clicking on the opt-out link within the email message that you receive from us.

Please also note that if you do opt-out of receiving marketing-related emails from us, we may still be required to send you administrative messages relating to the Services from time to time.

Opting Out of MerchantWords’ cookies

You may disable cookies, including MerchantWords cookies, by modifying the settings in your browser.  However, please note that certain features of the Services may not work if you delete or disable cookies.  

Opting Out of Interest-Based Advertising from Third Parties’ Cookies

Some third parties who use cookies when you visit our websites, also have opt out mechanisms either directly from their website or through an industry-developed web page. When you opt out of receiving interest-based advertising, note that the opt out only applies to the applicable browser in which you set it. Note also that most opt out tools are cookie-based. This means that, if you have cookies blocked, you will not be able to use it. Note also that if you delete cookies entirely then you will need to opt out again. Finally, note that once the opt-out has been completed, you will still receive advertisements, but such advertisements will not be interest-based ads.

If you go to optout.aboutads.info or www.aboutads.info/choices, you can learn how to exercise choice regarding the collection of information about your online activities over time and across multiple third-party websites, online services, devices, and applications for interest-based advertising purposes.

For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu.

Opting Out of Use of Precise Location

To disable the collection of precise location information from your mobile device through mobile applications, you can access your mobile device settings and choose to limit that collection.

Android: For Android 6.0 and above: you can modify privacy settings in Settings > Applications > App Permissions > Location and tap the on/off toggle switch next to Location for each app which has permission to use your location data. For earlier versions of Android: you can modify privacy settings in Settings > More > Permission and tap the on/off toggle switch next to Location to turn location functions off for your device. Alternatively, you may uninstall the relevant program(s).

iOS:   In iOS you can modify privacy settings in Settings > Privacy. You can select location data from this list to see which apps have asked for permission to use your location data.

ACCESS AND RIGHTS REGARDING PERSONAL INFORMATION

Any registered user of our Services can access and modify their profile information in their account settings in our Services. In addition, any registered user can also permanently delete their MerchantWords account by contacting us at [email protected].

If you reside outside the European Economic Area and Switzerland, you may also contact us at [email protected] if you would like to review, correct, update, suppress, or delete the personal information that MerchantWords maintains about you, or you would like to request a copy of your personal information held by us.

If you are a resident of the European Economic Area, including Switzerland, you are provided specific legal rights in regard to the handling of your information. You have the following rights with respect to your personal information:

The right to be informed,
The right of access,
The right to rectification,
The right to erasure,
The right to restrict processing,
The right to data portability,
The right to object, and
Rights in relation to automated decision making and profiling.

To exercise these rights as a resident of the European Economic Area, including Switzerland, email [email protected].

To opt out of receiving marketing communications from us, please see “Choices.”

To opt out of MerchantWords’ cookies, please see “Choices.

To opt out of interest-based advertising from third parties’ cookies, please see “Choices.”

To opt out of the use of precise location, please see “Choices.

THIRD PARTIES

This Privacy Policy does not cover, and we are not responsible for, the privacy, data or other practices of any third parties (except as required by applicable law), including any third parties operating any site or service to which our Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. These third parties are bound by their own privacy policies.

Except as required by applicable law, we are also not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of our social media platform providers, operating system providers, wireless service providers or device manufacturers, including any personal information you disclose to other organizations through or in connection with the Services.

SENSITIVE INFORMATION

We ask that you not send us, and you not disclose to us, any sensitive information (e.g., social security numbers or other government identifiers, information related to racial or ethnic origin, political opinions, religion or other beliefs, medical or health conditions, criminal background, trade union membership, or sexual orientation) on or through the Services or otherwise to us, except where such information is legally required.

SECURITY

Information that we collect is stored using procedures and practices reasonably designed to help protect from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal information transmitted, stored or otherwise processed by us.

USE OF SERVICES BY MINORS

Our Services are not intended for, nor directed to, individuals under the age of 18, and we request that these individuals, and any other individual considered a minor under applicable law, not provide personal information through any of the Services.

INTERNATIONAL INFORMATION TRANSFERS AND MODEL CLAUSES

Please be aware that the information we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. Please be advised that we process and store information in any country where we have facilities and/or employees, including the United States, or in which we engage service providers (for example, payment providers who charge your credit card for our services or vendors who provide us with cloud storage services or other vendors who provide email management services or customer service). Your consent to this Privacy Policy or your use of or access to any of the Services or your submission of your information to us, represents your consent to such transfer, storage and processing outside of your country of residence, including the United States or in other countries of our service providers, which may have different data protection rules than those of your country of residence. If you do not want your information to be transferred outside your jurisdiction, you should not use or access our Services.

For residents in the European Economic Area, including Switzerland (“EEA”), we may also use service providers based outside the EEA to help us provide our Services to you. This means that we may transfer your information to service providers outside the EEA for the purpose of providing our Services to you.  We take steps to ensure that where your information is transferred outside the EEA by our service providers, appropriate measures and controls are in place to protect that information in accordance with applicable data protection laws and regulations. In each case, we ask our service providers to transfer and process the personal information in accordance with the requirements of the EU General Data Protection Regulation (GDPR). In some instances, the transfer may be based on the use of the European Commission’s Standard Model Clauses for transfers of personal data outside the EEA.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to make changes to our Privacy Policy. Please look at the date at the top of this page to see when this Privacy Policy was last revised. Where required by law, we will obtain your consent to make these changes.

CONTACTING US

For any questions about this Privacy Policy or MerchantWords’s privacy practices, please contact us by email at [email protected], or by mail at:

Merchant Words, LLC
Attn: Privacy
935 N La Brea Ave, 4th Floor
Los Angeles, CA 90038