Last updated on Mar 1, 2022
This Privacy Policy (“Policy”) applies to services provided by Myagi, Inc., and our affiliates and subsidiaries (“we”, “us”, or “Company”) and our website, product pages, mobile or web applications, or other digital products that link to or reference this Policy (collectively, the “Services”) and explains what information we collect from users of our Services (a “user”, “you”, or “your”), including information that may be used to personally identify you (“Personal Information”) and how we use it. We encourage you to read the details below. This Policy applies to any user or visitor to or user of our Services.
We reserve the right to change this Policy at any time. We will notify you of any changes to this Policy by posting a new Policy to this page, and/or by sending notice to the primary email address specified in your account. You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page. You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Policy means that the collection, use and sharing of your Personal Information is subject to the updated Policy.
The Policy applies to your information when you visit our website, application or otherwise use the Services. We will only collect and process information where we have lawful bases. With respect to the information described in this Policy, lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the Services you have requested)), and, in some instances, for “legitimate interests” in the applicable jurisdiction.
This Policy does not apply to websites, apps, products, or services that we do not own or control, including the websites, apps, products, and/or services of any Retailers (defined below). This means that this Policy does not explain what your employer does with your information (or any information they collect directly from you, their End User (defined below)). Information provided by or to third parties, such as employers, are controlled by their respective privacy policies, which we encourage you to review for more information about their practices.
When you use the Services or otherwise communicate with us, we collect information that you provide to us directly. For example, we collect information in the following circumstances: you (i) use or visit the Services, (ii) register for the Services or create an account or profile or accept the creation of an account or profile on your behalf (an “Account”), (iii) subscribe to newsletters; (iv) communicate or chat with other users via the Services; (vi) request technical support; (vii) otherwise use the Service where Personal Information is required for such use and/or participation, and (viii) when you contact us via the Services or when you otherwise communicate with us. You can choose not to provide information that is requested of you by us; however, this may limit your ability to use or access the Services.
The information you provide to us directly may include, without limitation, the following information that may, alone or in combination with other data, constitute Personal Information:
Furthermore, we may automatically collect in and through the Services the following “Technical Information”:
If you are using our Services as a brand, employer, or other customer, we may process Personal Information in the course of our business relationship with you, which may include Account Information of you or your representatives, as well as any Personal Information provided to us by you or your authorized end users (“End Users”) in connection with the Services, as described above in this Policy, provided that the collection and use of End User data as described in the foregoing shall be governed by the applicable brand, employer, or customer’s privacy policy.
We use the information we collect to:
In addition to the specific situations discussed elsewhere in this privacy policy, we disclose personal information in the following circumstances:
Some of the features on the Services may require the use of “cookies” - small text files that are stored on your device’s hard drive. You may delete and block all cookies from our Services, but parts of the Services may not work. We want to be open about our cookie use. Please see our Cookie Policy for more information.
Our third party analytics services providers may use cookies, web beacons, and other tracking technologies to collect and store data Technical Information to be used for the purposes outlined in this Privacy Policy.
Session replay technologies, such as Myagi, Inc., may also be used to collect information regarding visitor behavior on the Service. For more information about Myagi, please see the Myagi privacy policy available at https://myagi.com/privacy/.
We take reasonable steps to protect your Personal Information against unauthorized access, alteration, disclosure, misuse, or destruction. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. The safety and security of your Personal Information also depends on you. If you have an account with us, you are responsible for keeping your membership details confidential. Your account is protected by your account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your account after each use. We further protect your Personal Information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your Personal Information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using the Services, you acknowledge that you understand and agree to assume these risks.
We also retain your Account Information while your account is in existence or as needed to provide you Services, for up to two years since your last visit or earlier, if you have requested deletion of your account. This may include associated data you or others provided to us and data generated or inferred from your use of the Services.
All users may review, update, correct or delete the Personal Information furnished by a user in their user account by contacting us at privacy@rallyware.com or by accessing your user account. For your protection, we may only share and update the Personal Information associated with the specific email address that you use to send us your request, and we may need to verify your identity before doing so. We will try to comply with such requests in a reasonably timely manner. If you completely and permanently delete all of your Personal Information, then your user account may become deactivated. If you wish to cancel your account, you may do so through your account page, and any personally identifiable information associated with your account will be deleted as soon as is reasonably practical or as required by applicable law. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law. We may retain an archived copy of your records as required by law or for legitimate business purposes.
We may use some of the information we collect for marketing purposes, including to send you promotional communications about new Company features, products, events, or other opportunities. If you wish to stop receiving these communications or to opt out of use of your information for these purposes, please follow the opt-out instructions, such as clicking "Unsubscribe" (or similar opt-out language) in those communications. You can also contact us at privacy@rallyware.com to opt out. Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our terms of service or privacy policy.
We may provide links to other websites. We have no control over these websites and they are subject to their own terms of use and privacy policies. As such, we do not endorse and are not responsible for the availability of, or for any content, advertising, products, or other materials on or available from, these third party websites.
By using the Services, you agree that we will not be liable for any damage or loss caused by your use of or reliance on any content, advertising, products, or other materials on or available from these third party websites.
Your browser settings may allow you to automatically transmit a Do Not Track signal to websites and other online services you visit. We do not alter our practices when we receive a Do Not Track signal from a visitor’s browser because we do not track our visitors to provide targeted advertising. To find out more about Do Not Track, please visit http://www.allaboutdnt.com.
The Services are not directed to individuals who are under age of sixteen (16) and we do not solicit nor knowingly collect Personal Information from children under the age of sixteen (16). If you believe that we have unknowingly collected any Personal Information from someone under the age of sixteen (16), please contact us immediately at privacy@rallyware.com and the information will be deleted.
Our Company is based in the United States. The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.
If you have any questions about this Policy, your Personal Information, or the Services, you can contact privacy@rallyware.com.
The laws of certain jurisdictions may provide data subjects with various rights in connection with the processing of Personal Information, including:
Where we are deemed a data controller under the laws of certain jurisdictions, we will take steps to help ensure that you are able to exercise your rights regarding Personal Information about you in accordance with applicable law. To do so, you may contact us at privacy@rallyware.com. Please note these rights may be limited in certain circumstances as provided by applicable law. We will promptly review all such requests in accordance with applicable laws. Depending on where you live, you may also have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Data about you. We encourage you to first reach out to us at privacy@rallyware.com, so we have an opportunity to address your concerns directly before you do so.
Under the laws of certain jurisdictions, when processing personal data of End Users in connection with the provision of Services to our customers, which may include suppliers and Retailers who use our Services, we may be deemed a ‘data processor’ while our customers are deemed ‘data controllers’. Where we are deemed a data processor, End Users should contact our customer, the data controller, to pursue any such legal data subject rights. We will reasonably cooperate with our customers to support and comply with any such data subject rights requests.
