Privacy policy

Last updated: March 26, 2020

We at Makeswift (Makeswift, Inc. and our affiliates) are committed to protecting your privacy. This Privacy Policy applies to our websites (the Websites), including www.makeswift.com and to our subscription service (the Subscription Service). This Privacy Policy governs our data collection, processing and usage practices. By using the Websites or the Subscription Service, you consent to the data practices described in this Privacy Policy. If you do not agree with the data practices described in this Privacy Policy, you should not use the Websites or the Subscription Service. We periodically update this Privacy Policy. If you subscribe to the Subscription Service, then you will receive notice when this Privacy Policy is modified. The notice will be delivered through the Makeswift portal used to access your Makeswift subscription. We encourage you to review this Privacy Policy periodically.

01

Important Information

Changes to this Privacy Policy

We may update this Privacy Policy from time to time by posting a new version online. You should check this page occasionally to review any changes. If we make any material changes we will use reasonable efforts to notify you in accordance with applicable law by posting a notice of the revised Privacy Policy on our Websites and/or through the Subscription Service and, if you subscribe to our Subscription Service, providing notice through the Makeswift portal used to access your Makeswift subscription. Your review of the policy and updates to the policy helps you to always be aware of what information we collect, how we use it and under what circumstances, it is disclosed. Your continued use of the Websites, the Subscription Service, and/or continued provision of Personal Information to us will be subject to the terms of the then current Privacy Policy.



Contact Us

If you have any questions about this Privacy Policy or our treatment of the information you provide us, please call (888) 490-0775, email legal@makeswift.com, or contact us by mail to: 



Makeswift, Inc.

75 5th St. NW

Suite 2200

Atlanta, GA, 30308

02

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

We use our own Subscription Service to build webpages that people can visit to learn more about Makeswift. Information that we collect and manage using the Subscription Service for our own marketing belongs to us and is used, disclosed and protected according to this Privacy Policy.



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"

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.

03

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

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

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.



Payment Information

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.



Interaction data

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 legal@makeswift.com, so that we may delete the information.

04

How We Use Information We Collect

Compliance with Our Privacy Policy

We use the information we collect only in compliance with this Privacy Policy. Users who subscribe to our Subscription Services are obligated through our agreements with them to comply with this Privacy Policy.



Use of Personal Information

In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to: (a) improve your browsing experience by personalizing the Websites and to improve the Subscription Service; (b) send information to you which we think may be of interest to you by post, email, or other means; (c) send you marketing communications relating to our business or the businesses of carefully selected third parties which we think may be of interest to you, and (d) provide other companies with anonymized statistical information about our users in a manner which does not identify any individual user. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you.



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.



Service Providers

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

Our Websites include Social Media Features, such as the Facebook Like button and Widgets, such as the Share This button or interactive miniprograms that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.



External Websites

Our Websites provide links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.



Public Forums

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

To facilitate our global operations, we may transfer and access Personal Information from around the world, including the United States. This Privacy Policy shall apply even if we transfer Personal Information to other countries.



Corporate Events

If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by Makeswift on the Websites and the Subscription Service and would be fully entitled to use all of this information in the same way Makeswift has used it under this Privacy Policy.



Compelled Disclosure

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

The personal data we collect is processed in our data centers across the United States and in any data processing facilities operated by the third parties identified below. By submitting your personal data, you agree to this transfer, storing or processing by us. If we transfer or store your information outside the United States in this way, we will take steps to ensure that your privacy rights continue to be protected as outlined in this Privacy Policy and as required by applicable laws.

05

Navigational Important



Cookies

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.



Log Files

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

We use third-party analytics services to help understand your usage of our services. In particular, we provide a limited amount of your information (such as your email address and signup date) to Intercom, Inc. (“Intercom”) and utilize Intercom to collect data for analytics purposes when you visit our website or use our product. Intercom analyzes your use of our website and/or product and tracks our relationship 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. For more information on the privacy practices of Intercom, please visit http://docs.intercom.io/privacy. Intercom’s services are governed by Intercom’s terms of use which can be found at http://docs.intercom.io/terms. If you would like to opt out of having this information collected by or submitted to Intercom, please contact us.



Advertising

We partner with a third party ad network to either display advertising on our Web site or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests.



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
  • FullStory
  • Intercom
  • SendGrid
  • Google Analytics
  • Airtable



When we work with third parties, sometimes it is necessary for us to share your data with them in order to get these services to work well. Your data is shared only when strictly necessary and according to the safeguards and good practices detailed in this Privacy Policy.

06

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 legal@makeswift.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.



AntiSpam Policy

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 legal@makeswift.com, 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 block cookies by activating a setting on your browser allowing you to refuse cookies. You can also delete cookies through your browser settings. If you turn off cookies, you can continue to use the website and browse its pages, but Makeswift and certain services (like Intercom) will not work effectively. 



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 legal@makeswift.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 legal@makeswift.com. 



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 legal@makeswift.com

Notice to California Residents – Your California Rights

This section is applicable to residents of California. If you are a resident of California, you have certain rights described below, which may be the same as or in addition to the rights described above in this Privacy Policy. The following do not apply to individuals who do not live in California on a permanent basis.



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 legal@makeswift.com 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



This section of our Privacy Policy provides California residents with a comprehensive description of Makeswift’s online and offline practices regarding the collection, use, disclosure, and sale of Personal Information and the rights of California consumers regarding their Personal Information under the California Consumer Privacy Act (“CCPA”). This section applies to all California residents (but not including legal entities, such as companies). The section will not apply, however, if Makeswift does not collect any Personal Information about you or if all of the information we collect is exempt from the statute (for example, the CCPA does not protect information that is already protected by certain other privacy laws, and it does not protect information that is already publicly available).



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.



Makeswift primarily provides services solely to businesses and not to individual California residents. All information that Makeswift collects from California residents is the same and is described in this Privacy Policy, i.e., names, email addresses, any other information you provide in our open form, and information derived from cookies. Based on our use of cookies and other, similar devices, we also track IP addresses. We use this information, and share it with others, also as described in this Privacy Policy.



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.

Vendors

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.

Makeswift does not directly solicit or collect any of this information from consumers; however, Makeswift acts as a service provider to its Subscribers, who may collect this information from their website visitors through websites created using the Makeswift platform. As such, this information would be categorized by and governed by the terms of each Subscriber’s privacy policy, as posted on their applicable website(s).

Vendors

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.

Website

As described above regarding cookies

N/A

“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.