MarkFortify Privacy Policy

Last Updated 01/01/2022

Introduction

This Privacy Policy discloses the policies of MarkFortify (the “Website”) and its operator MarkFortify, LLC (collectively “we” or “us”) regarding the collection, use and disclosure of information you submit to us through the use of Website.

MarkFortify is part of an affiliation of companies owned by the same ownership group (collectively, “our Group Companies”). In some cases, we may receive personal information from our Group Companies, and we may share personal information with our Group Companies.

I

User Consent

By accessing or otherwise using the Website, you agree to the terms and conditions of this Privacy Policy, which is incorporated into and forms a part of the Website’s Terms of Service. You expressly consent to the processing and use of your information as described herein.

II

Types of Information Collected

“Personal information” is data that identifies, relates to, describes, can be used to contact, or could reasonably be linked directly or indirectly to you. For purposes of this Policy, there is no meaningful distinction between the terms “personal information” and “personal data.”

III

Personal Information We Collect Directly From You. As you visit or use our Website, we collect the following categories of personal information directly from you:

“Personal information” is data that identifies, relates to, describes, can be used to contact, or could reasonably be linked directly or indirectly to you. For purposes of this Policy, there is no meaningful distinction between the terms “personal information” and “personal data.”

  • Your name;
  • Contact information (such as email address, postal address, phone number);
  • Account information (such as account settings and passwords);
  • Company details (such as the company name, officers, members, and associated addresses);
  • Billing information (such as credit, debit, or other payment card information, as may be required to use certain services on the Website);
  • Information required for registration (such as your citizenship status);
  • Communications you send us (such as customer support and other requests you make through our services)
  • Other information you may provide (including other information you provide about yourself or others through our Services or to which you provide us with access via third-party platforms)

You may choose not to provide some of the personal information described above. Please note, however, that many of our services require some personal information to operate, so if you choose not to provide the personal information necessary to operate and provide you with a particular service or feature of that service, you may not be able to use that service or feature.

We do not proactively collect sensitive personal information, such as health-related information, political opinions, religious beliefs, or genetic data.

A.

Personal Information Generated By Us. As you use our Website we generate certain personal information about you, including through automatic data collection. We may automatically collect information about your interactions with the Website or communications you receive (such as email) using certain technologies, such as cookies, web beacons and other technologies. Specifically, we generate the following categories of personal information about you:

  • Device Information. Each time you visit or use our Website, we automatically collect the IP address and user agent identification string associated with your device, which includes information about your hardware and software, and device configuration.
  • Blockchain Technology. We utilize blockchain technology to create a permanent, time-stamped record in order to document information about your trademark use when you submit information to us. Such records are stored on the Hyperledger Fabric blockchain.
  • Usage and performance information. We also automatically collect personal information about your usage of the Website, including information about your searches or interactions with features of our Website; sites or pages visited; access times; and performance of our Services.
B.

Collection of Personal Information

We collect Personal Information you voluntarily submit to us through the Website. It is optional for you to utilize this Website. If you elect to utilize certain aspects of this Website, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address (including zip code), company name, email address, telephone number, and date of birth. When you order products or services, we may also ask you to provide us with your credit card number, expiration date and authentication codes or related information. If you do not provide certain mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.

We may offer contests, sweepstakes or other contests that will require you to sign up and provide additional Personal Information. In that case, we will collect the information provided along with your involvement in such activity. Additionally, we reserve the right to collect any other information that you voluntarily enter, including Personal Information, into any postings, comments, feedback, or forums on the Website.

We may, but are in no way obligated to, provide for referral or “tell another” programs that allow you to recommend the site or an article to a friend. If you choose to do so, we will ask for your referral’s name and email address. We will automatically send your friend one or more communications with either the product you have purchased or an invitation for him or her to visit the Website. The communication will allow the referral to unsubscribe from further communications. We will collect this information for the sole purpose of sending an invitation to visit the site, sending their product and tracking the success of any referral program. We will also collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and email address to your referral. Additionally, we use your email address to contact you about the status of your referral.

IV

Cookies and Other Tracking Technologies

Cookies are small pieces of data contained in text files, which are stored on your computer or other device when websites are loaded in a browser.

First Party Cookies. MarkFortify utilizes cookies, web beacons, and other technologies to allow Website to "personalize" itself for each user by remembering information about the user's visit to the website. For instance, by using the cookies generated by MarkFortify (“First Party Cookies”) your information is retained so you do not have to continually log back into your account each time you move to a different page. First Party Cookies remain associated with you. However, no third party may use the information we collect through our First Party Cookies for their own purposes. Deletion of these cookies may result in limited functionality of the Website and associated services.

A.

Third Party Cookies. We work with third parties that place cookies on our Website to provide:

Analytics/Measurement. We use third-party analytics cookies to gain insight into how our visitors use the Website, to find out what works and what doesn't, to optimize and improve our Website and to ensure we continue to be interesting and relevant. The data we gather includes which web pages you have viewed, which referring/exit pages you have entered and left from, which platform type you have used, date and time stamp information and details such as the number of clicks you make on a given page, your mouse movements and scrolling activity, the search words you use and the text you type while using our Site.

Google Analytics. Our Website use Google Analytics, an analytics advertising service provided by Google LLC, which uses third party cookies. Our Website may also use the following Google Analytics Advertising features: Google Remarketing with Analytics, Google Segments, Double Click by Google, Adwords and BigQuery. These features use third party cookies to collect information about our Website traffic by tracking users across time and generating reports for us to better understand our Website users.

ⅰ

Inspectlet. Our Website utilizes Inspectlet, an analytics tool that uses cookies to record the mouse movements, clicks, and keypresses of Users as they use the Website.

ⅱ.

Intercom. Our Website uses Intercom to collect data for analytics purposes when you visit the Website or otherwise use hosted Services. As a data processor acting on our behalf, Intercom analyzes your use of our website and/or product and tracks our relationship by way of cookies and similar technologies so that we can improve our service to you. We may also use Intercom as a medium for communications, either through email, or through messages within our product(s). As part of our service agreements, Intercom collects publicly available contact and social information related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience.

ⅰ.
a.

Google Tag Manager. The Website uses Google Tag Manager. Google Tag Manager is a solution operated by Google LLC that allows marketed website tags to be managed using an interface. The Tag Manager tool itself (which implements the tags) is a cookie-less domain and does not register personal data. The tool causes other tags to be activated which may, for their part, register data under certain circumstances. Google Tag Manager does not access this information. If recording has been deactivated on domain or cookie level, this setting will remain in place for all tracking tags implemented with Google Tag Manager.

b.
B.

Cookies are small pieces of data contained in text files, which are stored on your computer or other device when websites are loaded in a browser.

Opting Out of Cookies and Other Tracking Technologies. See section XII.B for your rights regarding opting out of cookies.

C.
V

Collection of Anonymous Information

We use technology to passively collect and store certain information that is not tied to a specific identified user. This information is sufficiently de-identified according to the standards of applicable laws and will not be associated with an identifiable individual.

Should you be directed to any third party site from the Website, we are not responsible for the acts of other sites and this Privacy Policy does not apply to that site.

VI

Storage and Protection of Your Information

Location. Your Personal Information may be processed and stored outside of your jurisdiction where laws regarding processing of Personal Information may be less stringent than the laws in your country or state. Your Personal Information will not, however, be used or disclosed for purposes for which you have not given consent or which are not permitted under applicable law.

A.

Protection. We have put in place safeguards to provide adequate protection for the storage and transfer of personal information, including the presence of a SSL certificate and other encryption protocol in accordance with applicable legal requirements.

B.

Storage of Credit Card Information. When your credit or debit card account information is being transmitted through our Website, it will be protected by security protocols. MarkFortify does not itself store your credit card or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. We may continue to have access to your credit card information through third party services for easy access in the event you decide to order more services from MarkFortify. We do not otherwise store your credit card information ourselves.

C.

Storage of Blockchain Records. Blockchain records generated by us are stored on the Hyperledger Fabric blockchain.

D.

Disclaimer of Guaranty of Security. We believe we have taken reasonable steps to protect your Personal Information. No one can fully guarantee or fully eliminate all risks associated with Personal Information and we make no such guarantees.

E.

Retention. Unless there is something in this Policy to the contrary, we may retain your personal information for as long as your account is active and for a period of time thereafter to allow you to re-activate your account without loss of information. We may also retain your personal information as necessary to:

Maintain logs and business records for analysis, security, and/or audit purposes;

a.

Comply with record retention requirements under the law;

b.

Deal with any complaints regarding the Website; and

c.

Comply with our legal obligations, protect or defend our rights, resolve disputes and enforce our contracts.

d.
F.
VII

Use and Disclosure of Personal Information

General Use of Personal Information. We use your personal information for the following purposes (“Purposes”), to:

A.
  • Provide the Services. which includes providing you with the services, products, and functionality offered through our Website and fulfilling your requests, including filing intellectual property applied.
  • Authenticate your account credentials and identify you. as necessary to log you in to the Website and ensure the security of your account
  • Communicate with you. about your account or use of our services, products, and/or functionality; respond to, or follow up on, your comments and questions; and otherwise provide customer service.
  • Send you marketing communications. including communicating with you about services or products offered by MarkFortify, our Group Companies, or our business partners and other marketing communications that we believe you would be interested in, as permitted by law.
  • Show your purchases. made through the websites, applications, and services of our group company es on your account page
  • Authenticate your credit or debit card account information
  • Protect against, investigate, and deter fraudulent, unauthorized, or illegal activity
  • Create anonymized information. which will be completely de-identified from your personal information
  • Comply with our policies, procedures and legal obligations. including complying with law enforcement or government authority requests, addressing litigation-related issues, and exercising rights or obligations conferred by law
  • As otherwise consented to by you and as required or permitted by applicable law. If you give your consent to any further use of personal information, you can withdraw that consent at any time by contacting us using the details set out below.

You have choices about your personal information, and in some circumstances, you may have the right to opt-out or object to our uses of your personal information for these Purposes. For more information, or to exercise these or other rights (where available), see Section XII. Your Choices and Rights below.

Electronic Communications.. Consistent with the above Purposes and as is permitted by applicable law, we may communicate with you via electronic messages, including email and live chat platforms to:

  • Send you information relating to our products and services. including receipts, updates, security alerts, support and administrative messages.
  • Send you marketing communications. In other situations, subject to the Your Choice and Rights section below and applicable law, we may communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and services, offered by MarkFortify, our Group Companies, and other business partners.
B.

Disclosure of Personal Information to Third-Parties. We do not sell your personal information. We disclose the personal information we collect (or otherwise generate or obtain) as follows:

  • With Our Group Companies. We share your information with our Group Companies. The purpose of disclosure to our Group Companies is to provide you with integrated services, to provide customer support, and to analyze how users use our independent and affiliated platforms. The use of the information by the Group Companies are subject to each of their respective Privacy Policies.
  • With Business Affiliates. We share information with other third-party business partners only with your express consent. We allow you to opt-in to third party offers through our website. When you affirmatively opt in, we transmit only as much of your personal information as is necessary.
  • To protect our rights and property. We may disclose your information to third parties when we believe in good faith that disclosure is necessary to protect our rights, our property, the integrity of the Website, personal safety, or the interests of you or any other person, and to detect, prevent and/or otherwise address fraud, risk management, security or technical issues.
  • To process payments. To use services on the Website we require credit or debit card account information. When you submit your credit or debit card account information through our Website, we share that information with third-party payment processors, and other third-party service providers (including, but not limited to, vendors who provide fraud detection services to us and other third parties) to the extent necessary to meet our contractual obligations to you, to meet our legitimate interests in preventing fraud and other misuse of our platforms, or with your consent where this is required by law.
  • With Third Party Service Providers. Your Personal Information may be disclosed to third-party service providers who work with us to provide some of the services on the Website and to help us communicate with you. Examples include, but are not limited to, sending email, monitoring website usage, fulfilling your order if it requires providing the information you provided to us to others, marketing, and providing customer service. We expect our third-party service providers to not to use such information except as necessary to provide the relevant services to us.
  • In the event of a corporate transaction. We may disclose or transfer your information to a third party if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding.
  • To comply with and as required by law. We may disclose your personal information to government authorities or other relevant third parties in order to comply with applicable legal requirements, judicial proceedings, court orders, legal process, or lawful requests from governmental authorities.
  • At your request. We also share your information as directed or requested by you, or subject to your consent.

In some circumstances, you may have the right to opt-out or object to our sharing of your information with certain third parties. For more information, or to exercise these or other rights, see Section XI. Your Choices and Rights below.

C.

Processing Bases and Consequences. When we process your personal information, we rely on the following legal bases:

  • Performance of the contract we have with you, such as using your information to carry out your entity formation by sharing your information with the applicable government office.
  • Compliance with legal obligations to which we are subject, such as tax obligations, and when we are obliged to comply with lawful requests from competent authorities such as law enforcement.
  • To serve our legitimate interests, provided that such processing does not outweigh your rights and freedoms. The processing may also be pursuant to other applicable legal bases for data processing
D.

Anonymous Information. We also reserve the right to create Anonymous Information records from the Personal Information collected directly from you by excluding information that we believe in good faith prevents it from being directly identified to a specific user such as your name. This would include any comments or feedback you provide us which becomes our property and we reserve the right to use any such material with your Personal Information redacted in perpetuity for any reason we deem appropriate including, but not limited to, marketing and/or improvement of the Website, without royalties or compensation to you. Any such Anonymous Information is subject to terms of this Privacy Policy applicable to all Anonymous Information.

E.

In some circumstances, you may have the right to opt-out or object to our sharing of your information with certain third parties. For more information, or to exercise these or other rights, see Section XI. Your Choices and Rights below.

VIII

Use and Disclosure of Anonymous Information

This Privacy Policy does not limit our use or disclosure of any Anonymous Information in any way, and we reserve the right to use and disclose Anonymous Information to our partners, advertisers and other third parties in our absolute discretion.

IX

The Ability of Others to View Your Information

When you use the Website, certain information you post or provide on the publicly available portions of the Website may become publicly available and may be collected and used by others, including people outside of the control of the Website. We have no obligations with respect to any information that you post to publicly available parts of the Website.

X

Third Party Sites and Advertising

The Website may contain links to other sites that are not owned or controlled by MarkFortify, LLC, such as links to review aggregate websites. We are not responsible for the privacy practices or the content of such other websites and this Privacy Policy does not apply to any other sites. We make no representation regarding the privacy practices of any other sites regardless of whether we advertise on those sites or provide a link to those sites from our Website.

XI

Your Choices and Rights

When you use the Website, certain information you post or provide on the publicly available portions of the Website may become publicly available and may be collected and used by others, including people outside of the control of the Website. We have no obligations with respect to any information that you post to publicly available parts of the Website.

Ability to Unsubscribe. Should you receive a promotional email from us, you may “opt-out” of receiving additional promotional email communications from us by following the unsubscribe instructions on the emails. You may also contact us directly at MarkFortify, LLC. This applies to promotional communications and not administrative communications we feel are necessary to provide the services on the Website.

A.

Cookies.

Opting out of First Party Cookies. If you'd rather we didn't use MarkFortify cookies when you visit us, click here for information on how to configure your browser settings to reject cookies. Please note, disabling these types of cookies will result in limited functionality of our Website and services.

a.

Opting out of Third Party Cookies.

In order to control the collection of data for analytical purposes by Google Analytics, you may download and install the Google Analytics Opt-out Browser Add-on available here. To control the collection of data for analytical advertising purposes by Google Analytics Advertising, you may also visit the Google Ad Settings page here. Please remember that changing your settings with certain browsers and ad networks will not carry your privacy choices across browsers and other ad network.

i.

You may disable the collection of screen captures by Inspectlet for all websites (not just this one) by clicking here and following the provided instructions.

i.

To opt out of cookies collected by Intercom, contact them directly..

i.
b.
B.

Do Not Track Requests. We do not currently have a mechanism to respond to “Do Not Track Requests” at this time.

c.
XII

Sharing with Business Affiliates. We do not automatically share your personal information with third party business affiliates without your consent, except for the disclosures we make necessary to provide the services of our Website. Disclosures to third party business affiliates are only made through your affirmative actions, by indicating on the Website that you are interested in third party services. To prevent the disclosure of your personal information to these third party business affiliates, do not opt-in for the service.

C.

Access and Correction of Your Information. If you have created an online account with us and would like to update the information you have provided to us, you can access your account to view and update your information. You may also contact us as described in the section XIV. Contact below.

D.

Legal Rights. We do not automatically share your personal information with third party business affiliates without your consent, except for the disclosures we make necessary to provide the services of our Website. Disclosures to third party business affiliates are only made through your affirmative actions, by indicating on the Website that you are interested in third party services. To prevent the disclosure of your personal information to these third party business affiliates, do not opt-in for the service.

E.

If you wish to exercise legal rights you may have under applicable law, please submit your request to support@markfortify.com. So that we can better process your request, please provide the email you use to log into your MarkFortify account. If you do not have a MarkFortify account, please provide the email you used to make requests or to use our Website.

Revisions

This Privacy Policy is subject to occasional changes at our discretion. We will post any such changes to this page and may otherwise post other alerts on the Website or communicate such changes through email. If you disagree with any such changes, please cease using the Website. Continued use following the posting of any such changes indicates your acceptance of the changes. If we make any changes to this Privacy Policy that materially impact previously collected personal information about you, we will make reasonable efforts to provide notice and obtain consent to any such changes as may be required by law.

XIII

Minors

Minors under the age of 16 may not use the Website. We do not knowingly collect information from children under 16 years of age. Additionally, we recommend that users between the ages of 16 and 18 ask their parents for permission before sending any information about themselves to anyone over the Internet. If you become aware your child or any child under your care has provided us information without your consent, please contact us according to section XIV. Contact below.

XIV

Contact

If you have any questions or concerns about this Policy or the way in which your personal information, please contact us at support@markfortify.com.

XV

Copyright 2022 Markfortify, LLC. Markfortify provides information and software only. Markfortify is not a "lawyer referral service" and does not provide legal advice or participate in any legal representation. Use of Markfortify is subject to our Terms of Service and Privacy Policy.