75 5th St. NW
Atlanta, GA, 30308
Use of the Subscription Service by Makeswift and our Customers
Makeswift Subscription Service
Our online Subscription Service allows any company that uses it (our customers and Makeswift itself) to build marketing websites on our servers where visitors can learn more about the company, download content, and provide their contact information and other demographic information. This information, which is stored and managed on our service providers' servers, is then used so that the visitors can be contacted about their interest in the company's goods or services and interact with the company. Makeswift provides the Subscription Service to our customers for their own marketing and lead generation, we provide it to our other customers for their marketing and lead generation, and we use it on our Websites for our own marketing and lead generation.
Makeswift as a Data Controller
If you are a registered Makeswift user or a visitor to our website, we act as the ‘data controller’ of personal data that you provide to us about yourself or your company. This means we determine how and why this data is processed.
Makeswift as a Data Processor and/or Service Provider
If you use the Subscription Services to collect information about your users and visitors, Makeswift is a processor of the data that you collect and acts as a “service provider” to you and/or your business with respect to this data. To understand how Makeswift operates with respect to the data you collect with it, think of Makeswift (the platform) as your mailman.
When you use Makeswift for your business, you are collecting data about your users (which may or may not be personal data) into your Makeswift account, which is like your very own mailbox. In the same way that your mailman doesn’t access the contents of your mail, Makeswift doesn’t access the visitor data in your account for Makeswift’s own purposes. You’ll work directly with your visitors to honor their requests about the data you have captured and stored about them whether it is in your Makeswift account or not. We will help by providing resources that allow you to remove any data in your Makeswift account at your visitor’s request.
Because Makeswift is a processor, you may need to obtain consent from your visitors for the way that you plan to use Makeswift to process their data. If so, we suggest you be as clear as possible about how you use Makeswift and why your visitors need to grant you consent to identify them for those purposes. For example, if you use Makeswift to gather data from a form, you should inform your visitors that you will be using this information for marketing or sales purposes. Make sure that each purpose needing consent is a separate checkbox that is unchecked by default. We believe that being more descriptive about how you’re using your visitor’s data will improve the likelihood that they grant consent.
Use by Makeswift
Use by Our Users
Our users use the Subscription Service to build webpages that people can visit to learn more about their business. Makeswift does not control the content of these webpages or the types of information that our users may choose to collect or manage using the Subscription Service; however, our users provide us with access to this information for our use and the use of other third parties with whom Makeswift is affiliated subject to our agreement with the customer. Any information our users choose to collect and manage for their use is protected by them according to their privacy policies. Our agreements with our users prohibit them from using the Subscription Service to collect, manage, or process Sensitive Information. We are not responsible for our users' use of information they collect on the Subscription Service.
You as a data controller
If you create a website or a landing page with Makeswift you act as the ‘data controller’ of your visitor’s data. Makeswift is processing your visitor’s data on your behalf. This means that you determine how and why your visitor’s data is processed.
Sensitive Information is credit or debit card numbers, personal financial account information, Social Security numbers, passport numbers, driver's license numbers or similar personal identifiers, racial or ethnic origin, physical or mental health condition or information, or other employment, financial or health information.
Information We Collect
When You Visit Our Websites
You are free to explore the Websites without providing any information about yourself. When you visit the Websites or register for the Subscription Service, we request that you provide Personal Information about yourself, and we collect Navigational Information.
Personal Information is any information that you voluntarily submit to us and that identifies you personally, including contact information, such as your name, email address, company name, address, phone number, and other information about yourself or your business. Personal Information can also include information about any transactions, both free and paid, that you enter into on the Websites, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers.
Navigational Information is information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed.
We collect and process payment information from you when you subscribe to the Subscription Service, including credit cards numbers and billing information, using third party PCI compliant service providers. Except for this, we do not collect Sensitive Information from you.
Information About Visitors to Our Users’ Websites
Our users provide us with access to information they collect about visitors to their websites for our use and the use of other third parties with whom Makeswift is affiliated subject to our agreement with the user. The information they collect about visitors to their websites is subject to their privacy policies.
Our users provide us with access to information they collect about visitors to their websites for our use and the use of other third parties with whom Makeswift is affiliated subject to our agreement with the customer. The information they collect about visitors to their websites is subject to their privacy policies.
Information About Children
We do not knowingly or intentionally collect information about children under 13 years of age and the Websites are not intended for or targeted at children under 13. If you believe that we have collected information about a child under 13, please contact us at firstname.lastname@example.org, so that we may delete the information.
How We Use Information We Collect
Use of Personal Information
In those cases, we do not transfer your unique Personal Information to the third party. In addition, we may share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information.
Use of Navigational Information
We use Navigational Information to operate and improve the Websites and the Subscription Service. We may also use Navigational Information alone or in combination with Personal Information to provide you with personalized information about Makeswift.
User Testimonials and Comments
We post user testimonials and comments on our Websites, which may contain Personal Information. We obtain each user's consent via email prior to posting the user's name and testimonial.
Use of Credit Card Information
If you give us credit card information, we use it solely to verify your payment information and collect payment from you. We use a third party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.
We employ other companies and people to provide services to visitors to our Websites, our customers, and users of the Subscription Service and may need to share your information with them to provide information, products or services to you. Examples may include removing repetitive information from prospect lists, analyzing data, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and customer data handling policies.
Social Media Features
We offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums, this information may be collected and used by others. We will correct or delete any information you have posted on the Websites if you so request, as described in "Opting Out and Unsubscribing" below.
Retention of Personal Information
We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about the Subscription Service or our other services, and then we securely delete the information. We will delete this information from the servers at an earlier date if you so request, as described in "Opting Out and Unsubscribing" below. If you provide information to our customers as part of their use of the Subscription Service, our customers decide how long to retain the personal information they collect from you. If a customer terminates its use of the Subscription Service, then we will provide customer with access to all information stored for the customer by the Subscription Service, including any Personal Information provided by you, for export by the customer according to our agreement with our customer. After termination, we may, unless legally prohibited, delete all customer information, including your Personal Information, from the Subscription Service.
International Transfer of Information
We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights or to comply with a law, court order, or legal process.
Where we store data
We use "cookies" to help you personalize your online experience. A cookie is a text file is placed on your hard disk by a Web server. These may be ‘session’ cookies, meaning they delete themselves when you leave Makeswift, or ‘persistent’ cookies which do not delete themselves and help us recognize you when you return so we can provide a personalized experience. Cookies are uniquely assigned to you, and can only read by a Web server in the domain that issued the cookie to you. One of the purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on our Websites, or register for the Subscription Service, a cookie helps us to recall your specific information on subsequent visits. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the customized features. You have the ability to accept or decline cookies.
Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Makeswift Subscription Service or Websites you visit. Makeswift keeps track of the Websites and pages you visit within Makeswift, in order to determine what portion of the Makeswift Website or Subscription Service is the most popular or most used. This data is used to deliver customized content and promotions within the Makeswift Website and Subscription Service to users whose behavior indicates that they are interested in a particular subject area.
We may collect demographic information, such as your ZIP code, age, gender, preferences, interests and favorites using log files that are not associated with your name or other personally identifying information. There is also information about your computer hardware and software that is automatically collected by us. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Makeswift for the operation of the Subscription Service, to maintain quality of the Subscription Service, and to provide general statistics regarding use of the Makeswift Website. For these purposes, we do link this automatically collected data to Personal Information such as name, email address, address, and phone number.
Navigational Information Collected by Our Users
Our users can use the tools we provide, as well as tools provided by third parties, to collect Navigational Information when you visit their websites on the Subscription Service. Makeswift does not control our users' use of these tools, nor do we control the information they collect or how they use it; however, we use this information for our own uses and the use of our third party affiliates subject to our agreements with our users.
Use of Intercom Services
Third Party Tracking Technologies
We work with third parties who we believe are the best in their field at what they do. Below are the third parties we work with:
- Amazon Web Services
- Google Cloud Platform
- Google Analytics
Opting Out and Unsubscribing
Reviewing, Correcting and Removing Your Personal Information
If you provide us with your Personal Information, you have the following rights with respect to that information:
- To review the user information that you have supplied to us
- To request that we correct any errors, outdated information, or omissions in user information that you have supplied to us
- To request that your user information not be used to contact you
- To request that your user information be removed from any solicitation list that we use
- To request that your user information be deleted from our records
- To opt out of being solicited by Makeswift or third parties
- To exercise any of these rights, please contact us by calling (888) 490-0775, emailing email@example.com, or by mail to Makeswift, Inc, 75 5th St NW, Suite 2200, Atlanta, GA 30308. We will promptly change, correct, or delete your information and notify you of the action we have taken.
Our Terms and Conditions applies to us and to our customers and, among other things, prohibits use of the Subscription Service to send unsolicited commercial email in violation of applicable laws, and requires the inclusion in every email sent using the Subscription Service of an "optout" mechanism and other required information. We require all of our customers to agree to adhere to the Acceptable Use Policy at all times, and any violations of the Acceptable Use Policy by a customer can result in immediate suspension or termination of the Subscription Service.
To Unsubscribe From Our Communications
You may unsubscribe from our marketing communications by clicking on the "unsubscribe" link located on the bottom of our emails, or by sending us email us at firstname.lastname@example.org, or by sending us postal mail to Makeswift, Inc., 75 5th St NW, Suite 2200, Atlanta, GA 30308. Customers cannot opt out of receiving transactional emails related to their account with us or the Subscription Service.
To Unsubscribe From Our Customers’ Communications
Our customers are solely responsible for their own marketing emails and other communications; we cannot unsubscribe you from their communications. You can unsubscribe from our customers' marketing communications by clicking on the "unsubscribe" link located on the bottom of their emails, or by contacting them directly.
You can choose not to provide us with personal data
If you choose to do this, you can continue to use the platform and browse our website, but we will not be able to process transactions without personal data.
You can turn off cookies in your browser by changing its settings
You can ask us not to use your data for marketing
We will inform you (before collecting your data) if we intend to use your data for marketing and if third parties are involved. You can opt out from marketing by emailing us at email@example.com or calling (888) 490-0775.
You have the right to access information we hold about you
This includes the right to ask us supplementary information about:
- the purposes of data processing
- the categories of third parties to whom the data may be disclosed
- how long the data will be stored (or the criteria used to determine that period)
- your other rights regarding our use of your data
We will provide you with the information within one month of your request, unless doing so would adversely affect the rights and freedoms of other (e.g. another person’s confidentiality or intellectual property rights). We’ll tell you if we can’t meet your request for that reason.
You have the right to make us correct any inaccurate personal data about you.
You can update your information by contacting us at firstname.lastname@example.org.
You can object to us using your data for profiling you or making automated decisions about you
We may use your data to determine whether we should let you know information that might be relevant to you (for example, tailoring emails to you based on your behavior). Otherwise, the only circumstances in which we will do this is to provide the Makeswift service to you.
You have the right to have your data removed within Makeswift
If you are a user or a visitor of Makeswift, you can request for us to erase any personal data we hold about you, if it is no longer necessary for us to hold the data for purposes of your use of Makeswift.
You can exercise your rights by sending us an email at email@example.com
Notice to California Residents – Your California Rights
Rights Provided by California Civil Code Section 1798.83
A California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California Customers may request further information about our compliance with this law by mailing us at 75 5th St. NW, Atlanta, GA 30308 or emailing Makeswift at firstname.lastname@example.org or calling (888) 490-0775. Please note that we are only required to respond to two requests per California Customer each year under Code Section 1798.83.
Rights Under the California Consumer Privacy Act
1. You have a Right to Know About Personal Information Collected, Disclosed, or Sold.
California residents have the right to request that Makeswift disclose what Personal Information it collects, uses, discloses, and sells. This is called the “Right to Know”. Under the Right to Know, you can request a listing of the types of Personal Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling Personal Information), other individuals and business with whom we share Personal Information, and the specific pieces of Personal Information that we have collected about you.
Because Makeswift only collects a limited amount of information, we are unable to verify the actual individual who may have made a call or used a particular computer or other device. Therefore, in order to protect your privacy and security, we are unable to provide you a copy of such information because we cannot confirm that the person making the request is the one who actually used the service. We do not want to provide your Personal Information to someone who is posing as you.
In the last 12 months, Makeswift has collected the following categories of Personal Information from individuals from the following sources:
Type of Information
Categories of Sources
Business or commercial purposes
Third parties with whom shared
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
Website, direct contact email, phone, etc.
As described above, e.g., to provide you with product information and for internal purposes.
Categories under California Civil Code Section 1798.80, which includes, in addition to some of the above information, signature,physical characteristics or description, telephone number, state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Website, direct contact email, phone, etc.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
As described above regarding cookies
“Personal Information,” for purposes of this section regarding the rights of California residents, does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
2. You have a Right to Request Deletion of Personal Information about You.
California consumers have a right to request the deletion of their Personal Information collected or maintained by businesses in California. All information Makeswift receives from cookies is automatically deleted within thirty (30) days. Any other Personal Information we receive regarding you will be retained solely for internal uses which are reasonably aligned with your expectations based on our relationship with you or to complete the service for which the personal information was collected, i.e., to provide you with information about our products at your request. As such, all information we collect is either automatically deleted as required by the CCPA or is not subject to the right to deletion under the CCPA. In no event will we use such information for any other purpose, and as noted below, we do not sell Personal Information.
3. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
You have a right not to receive discriminatory treatment by Makeswift for exercising any of your privacy rights conferred by the CCPA. Makeswift will not discriminate against any California consumer because such person exercised any of the consumer’s rights under CCPA, including, but not limited to:
- Denying goods or services.
- Charging different prices or rates for goods and services, including through the use of discounts or other benefits or imposing penalties.
- Providing a different level or quality of goods or services.
- Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.