Markerly, Inc.

Privacy and Markerly’s Terms of Use


Welcome to Markerly.com. Please note that by using this website and/or the Markerly plug-in or other online services (collectively, the “Service”) provided by Markerly, Inc. (“Markerly”), you are accepting the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Service.


What is the purpose of this Privacy Policy?

This Privacy Policy discloses our personal information gathering and dissemination practices with respect to the Service. Please read this Privacy Policy carefully.


What information do we collect from users and how is it used?

The following describes the types of personal and other information we may collect about you, and how we use and maintain that information:

Registration. When you utilize the Service that we offer, we may ask that you register with Markerly and provide us with certain personal information, such as your email address, a password, your first and last name and other contact information and personal details. We request this information for identification purposes, to communicate with you regarding your account, and to facilitate the functioning of certain services. We may keep this information indefinitely.

Correspondence. If you correspond with us via email, we may gather in a file specific to you the information that you submit. We may keep this information indefinitely.

Promotions. We will collect information you give us when you participate in any promotion sponsored by Markerly, such as a sweepstakes or contest. You will typically be asked to provide your name, email address, and mailing address. We store this information in our database and will use it to communicate with you about the promotion. We may also use this information to promote the Service to you in the future, unless you inform us that you opt out from receiving such communications.

URL and IP addresses. Like many other providers of online services, we collect information about users’ navigation of our website and utilization of the Service. This information helps us to design the Service to better suit our users’ needs. For example, our website will track the URL that you visited before you came to our website, the URL to which you next go and your Internet Protocol (IP) address. We use your IP address to help diagnose problems with our server and to administer the Service. Your IP address also is used to help identify you and to gather broad demographic information.

Information Collected With Cookies. Like most online services, we also use cookies in connection with the Service. Cookies make using the Internet easier by, among other things, saving your preferences for you. For example, a cookie lets our websites remember that you’ve registered, which allows us to speed up your future activities on our Service, and which allows you to enter your registration information less frequently while visiting our websites. We may also use cookies to deliver content tailored to your interests. Our cookies may enable us to relate your use of our websites to personally identifying information that you previously submitted, such as calling you by name when you return to our websites. If your browser is set to reject cookies, or if your browser notifies you that you are about to receive a cookie and you reject it, then your use of the Service may not be as efficient or as enjoyable as it would be if the cookie were enabled. The information that we collect with cookies allows us to improve our

marketing and promotional efforts, to statistically analyze usage of the Service, to improve our content and product offerings and to customize our Service’s content, layout and services. However, we only use information collected with cookies on an aggregated basis without the use of any information that personally identifies you.

Forums. We may make interactive forums available on our website. Any information that you post to such forum or otherwise choose to make publicly available via the Service, including personal information about you, may be disclosed and available to all users who have access to the forum and/ or the rest of the Service, and thus such information is no longer private. Please keep this in mind when considering what to post and make publicly available through our interactive forums.


To whom do we disclose information about you that we collect through the Service?

We may disclose both the personally identifiable information and non-personally identifiable information that we collect about you through the Service when (i) we have your permission or (ii) in any of the following situations (without your permission):

We may disclose information that we collect about you to our affiliates, and to third-party contractors who perform services for Markerly in connection with the Service or to complete or confirm a transaction that you conduct with us.

We may disclose the results of aggregated data about you and other users without restriction. In these situations, we do not disclose to these entities any information that could be used to personally identify you.

We may disclose information about you as part of a merger, acquisition or other sale or transfer of all or substantially all of Markerly’s assets or business. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this policy.

We may be legally obligated to disclose information about you to the government or to third parties under certain circumstances, such as in connection with illegal activity in connection with the Service or to respond to a subpoena, court order or other legal process. We reserve the right to release information that we collect to law enforcement or other government officials, as we, in our sole and absolute discretion, deem necessary or appropriate.

We may also disclose information about you to third parties if needed to enforce our Terms of Service, including investigation of potential violations thereof; to detect, prevent, or otherwise address fraud, security or technical issues; or to protect against harm to the rights, property or safety of the Service, its users or the public as required or permitted by law.

If you use the Service outside of the United States, information that we collect about you will be transferred to servers inside the United States and maintained indefinitely, which may involve the transfer of information out of countries located in the European Economic Area. By allowing Markerly to collect information about you, you consent to such transfer and processing of your data.


What security measures do we employ for the Service?

To help protect the privacy of data we collect through the Service, where personally identifiable information is requested, we use technology designed to encrypt any information that you input before it is sent to us. In addition, we take steps to protect user data generally that we collect against unauthorized access.

However, you should keep in mind that our website and the rest of the Service is run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.

Please also be aware that despite our best intentions and the guidelines outlined in this Privacy Policy, no data transmission over the Internet or encryption method can be guaranteed to be 100% secure.


How can you correct or update information that we collect about you?

You may correct or update information collected about you by managing your account profile or by contacting Markerly at the email or mailing address noted below. We will use commercially reasonable efforts to update our records.

For our records, we may retain original and updated information for reasons such as technical constraints, dispute resolution, compliance with laws, fraud prevention, troubleshooting and agreement enforcement. In addition, we are not responsible for updating or removing any information about you collected through the Service already disclosed to third parties who have been provided such information as permitted by this Privacy Policy.


What are the policies of linked websites and other third parties?

This Privacy Policy only addresses the use and disclosure of information collected from you through the Service by Markerly. You should be aware that when you are using the Service, you may be directed to other websites that are beyond our control, including when you are accessing our plug-in on a third-party website, and Markerly is not responsible for the privacy practices of third parties or the content of any websites linked to our website or to which our Service is layered. We encourage you to read the posted privacy policy whenever interacting with any third-party website.


How will I know about changes in the Privacy Policy?

We reserve the right to update this Privacy Policy from time to time. Please visit this page periodically so that you will be apprised of any changes.


What is our policy on children users of the Service?

We do not knowingly collect or maintain personally identifiable information from persons under 13 years old, and no part of our Service is directed to persons under 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If we learn that any personally identifiable information of a person under 13 years old has been collected without verifiable parental consent, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account with us, then you may alert Markerly at the address below and request that we delete that child’s personal information from our systems.


What are my California Privacy Rights?

Under California law, a California resident with whom we have an established relationship has the right to request certain information with respect to the types of personal information Markerly has shared with third parties for their direct marketing purposes, and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. All requests for such information must be in writing and sent to Markerly at the mailing address set forth below.


Will my employer have access to information that we collect about you?

If you access the Service as a representative of a third party, such as your employer, that party may review and modify your personal information, ask us to delete your personal information, or request that we cease collecting your personal information. If such a third party asks us to delete your personal information or cease collecting your personal information, we may terminate your right to access the Service.


What law governs my use of the Service?

By choosing to use the Service or otherwise provide information to Markerly, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of California. You also agree to abide by any limitation on damages contained in our Terms of Service or other agreement that we have with you.

If you have any questions about this Privacy Policy, or need to reach us for any other reason, you may contact us by e-mail at info@markerly.com, or by regular mail at: 111 Independence Dr, Menlo Park, CA 94025