Enforced Since: 01-Oct-2021
Last Updated on: 22-Nov-2022
GALE Creative Agency Private Limited (hereinafter referred to as “GALE”/ “We”/ “Us”/ “Our”) having its registered office at No.3/1, Ground Floor, JP Techno Park, Miller Tank Bund Road, Vasanth Nagar, Bangalore 560 052, Karnataka, India, on behalf of itself and its affiliates/group companies under the brand ‘Markey’, operates the website ‘www.markey.ai’ (the “Site”) and its digital marketing technology subscription services (the “Services”) through ‘app.markey.ai’ and various other sub-domains (together referred to as “Platform”).
a. Visitors and Users (“User”/ “Visitor”/ “Client”/ “Subscriber”) of our Site and Services available through our subscription Platform and any related services offered by Us under the brand ‘Markey’,
b. End Customers and Visitors (“Our Client’s End Customers”) of Our Clients/Subscribers, on their behalf, for the purposes of fulfillment of digital marketing services for which the Client/ Subscriber has subscribed to our Platform,
collectively hereinafter referred to as “You”/ “Your”.
We advise You to read this Policy carefully prior to Your access of our Site, Platform, use of Services, or creation of an Account on the Platform, as the case may be. If You do not agree to this Policy, please do not access Our Platform, use Our Services, or create an Account in Our Platform.
Our Clients provide us with the following types of information about their End Customers (Personal Information) either by embedding our tracking code into their websites or applications or digital advertisements run through our Platform, or through other data transfer means:
1.2 HOW DO WE USE THE INFORMATION
We analyze and use the End Customer’s information solely to provide and improve our Platform Services for Our Clients. Markey collects information under the direction of Our Clients and has no direct relationship with their End Customers whose personal data it processes.
We will retain personal data we process on behalf of Our Clients for as long as needed to provide services to them. We will also retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
An End Customer of Our Client who seeks to opt out of any communications from Our Client, whether sent through Markey Platform or otherwise, must direct their query to Our Client directly with whom they have engaged and have a business relationship with. Our Client may request us to process the opt out request of the said End Customer, which we shall do so within 30 days of receipt of such request.
An End Customer who seeks access, or who seeks to correct, amend, or delete their personal information should direct their query to Our Client directly. If requested by Our Client to remove or modify any or all of their End Customers data, we will comply within 30 days from the date of receipt of such request.
When You (Our Visitor/ User/ Client/ Subscriber) access Our Site or Platform and/or create an Account with Us, and/or use the Services provided by Us, We shall collect certain information from You and about You, the details of which are provided below,
Any Information that relates to You as a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying You and any further information, including, without limitation, provided by You to Us when You (a) subscribe for any of Our Services/Platform by signing-up such as Your complete name and address, Your company/entity’s name (if any), Your designation in the company/entity (if any),Your contact number, Your email address and any other identifiers and any other sensitive/personal information as defined under the Applicable Laws as amended from time to time; b) use or view Our Platform which may result in personal information/data being collected via Your browser’s Cookies; c) request customer support, or otherwise communicate with Us; or d) when You use the Services, We automatically collects information on the type of device You use, your IP and related information, and the operating system version (“Personal Information”).
Any information that is not Personal Information, but information collected in relation to Your use of the Platform or information required for the proper functioning and development of the Platform, including, without limitation: (i) time, date and extent of Your usage of the Platform; (ii) Your usage and search history within the Platform, (iii) device keyboard settings; (iv) time zone, language, screen resolution, and other usage preferences You select when using the Platform; (v) the URL or advertisement that may have directed You to the Platform; (vii) other device and Platform access information viz., Your IP address, operating system, browser type, referring/exit pages, and other unique device identifiers, as well as Your push notification token.
We shall collect information which is connected with Your activity on the Platform across all Your devices using Your email or social media log-in details/credentials, as well as Services that You search, and opt-ins and communication preferences.
Information about Your location when accessing and/or using the Platform if You chose to opt-in. With Your permission, We may collect Global Positioning System (GPS) data and mobile device location information. If You do not wish to share Your precise location with Us, You can switch off location services via the settings on Your mobile device.
We, Our service providers and business partners shall set any Third Party Cookies to improve Our Platform by collecting and reporting information on how You use it. These cookies collect information in a way that does not directly identify anyone. We also set Third Party Cookies to collect information that is used either in aggregate form to help Us understand how Our Platform are being used or how effective their marketing campaigns are, to help customise the Platform for You or to make advertising messages more relevant to You.
For the purpose of clarification, “Third Party Cookies” means cookies provided by any third party service provider or vendor.
We or Our authorised payment gateway solution providers or We through Our authorised payment gateway solution providers, as the case may be, collect information such as billing address, credit/debit card number, its expiration date or any other payment instrument details and transaction details or any other third-party payment information of You.
We collect information about computers, phones, and other connected devices with a web connection and the presence of Our Platform and Services and integrate this information with the various devices You use. This information includes: device features such as information about operating system, hardware and software versions, battery status, signal availability, available storage space, browser type, app or file names and types, and plug-ins, device activities such as information about the activity and behavior of the device, for example in the background or in front of a window or with mouse movements (which help to distinguish humans from boats), unique identifiers, device ID, games, apps, or accounts You use, Bluetooth signals and information about nearby WiFi access points, beacons and cell towers, Personal Information that We are permitted to collect by turning on access in device configuration, as well as providing access to GPS location, camera or photo, information such as Your mobile operator’s name or ISP, language, time zone, mobile phone number, IP address, connection speed, and other devices near Your device or on the network so that We can help You with the streaming of the Services on Your device.
Information about You that We may receive from third parties services, such as advertising partners, data providers and analytics providers.
We may collect Your third-party social media networks information including Your contact lists for these Services and information relating to Your use of the Platform in relation to these Services, if You choose to link or sign up using a third-party social network or login service (such as Facebook, Twitter, Instagram, or Google). If You link Your Account in Our Platform to another service, We may receive information about Your use of that service.
2.2.2. We generally use the information We collect for the following purposes:
2.2.3. However, If You have given Us Your information, We shall use all the data collected to: (i) Contact You for taking Services feedback and (ii) Processing payment instructions including those through independent third-party service providers such as payment gateways, banking and financial institutions, pre-paid instrument and wallet providers for processing of payment transaction or deferral of payment facilities.
2.2.4. We shall not sell or rent Your Personal Information to anyone, for any reason, at any time. However, We will be sharing Your Personal Information with Our affiliates and business partners.
2.2.5. If We need to process Your Personal Information for an incompatible purpose not discussed in this Policy, We will provide notice to You and, if required by law, seek Your consent. We may process Your Personal Information without Your knowledge or consent only where required by Applicable Laws.
2.2.6. The purposes listed in the above clauses may continue to apply even in situations where Your relationship with Us (for example, pursuant to a contract) has been terminated or altered in any way, for a period of 180 days from the date of such termination or alteration (including, where applicable, a period to enable us to enforce Our rights under any contract with You).
We shall retain Your Personal Data/ Information or other information (“Your Data”) for as long as We need it to fulfil the purpose for which We have collected it and/or if applicable, as long as required by statutory retention requirements and/or according to the timeframes set forth under the Applicable Laws.
Thereafter, Your Data shall be permanently removed (except when required by law to retain). We make no representation or warranty with respect to any duty to permanently store any information You may provide or that We otherwise collect about You except as required under the Applicable Laws.
Please note that statutory storage obligations or the need for legal actions that may arise from misconduct within the Platform can lead to a longer retention of Your Personal Information. We may from time-to-time transfer or merge Your information collected off-line to Our online databases or store off-line information in an electronic format.
We generally rely on Personal Information provided by You to ensure it is current, complete and accurate. If Your Personal Information provided to Us when You had registered Yourself in Our Platform changes or was incorrectly captured, You must update it as soon as possible. You can review and update Your Personal Information through the “Edit” option in Our Platform where available, or contact us at the correspondence address given in “Contact Details” clause for any change or correction.
When We disclose the Personal Information for a business purpose, We enter into a contract that describes the purpose and requires the recipient to keep both confidential and Personal Information and not use it for any purpose except performing the contract.
We want You to understand when and with whom We may share the information We collect for business purposes. Your information is shared with others who have a legitimate purpose for processing or accessing it in the following ways:
We may disclose any of the information We collect to respond to summons, court orders, legal process, law enforcement requests, legal claims, or government inquiries, and to protect and defend the rights, interests, safety, and security of Us, the Platform, Our affiliates, Users, or the public. We may also share any of the information We collect to enforce any terms applicable to the Platform, to exercise or defend any legal claims, and comply with any applicable laws.
We may share all of the information We collect in connection with a substantial corporate transaction, such as the sale of a Platform, a merger, consolidation, asset sales, or in the unlikely event of bankruptcy.
We share the categories of Personal Information listed above with service providers and business partners (including those located outside Your country) to help Us perform business operations and for business purposes, including research, payment processing and transaction fulfillment, database maintenance, administering contests and special offers, technology services, deliveries, sending communications, advertising, analytics, measurement, data storage and hosting, disaster recovery, search engine optimization, marketing, and data processing. These service providers and business partners may include:
We may share aggregated usage information and may otherwise disclose non-Personal Information that We collect to third parties. However, absent Your prior consent, We will share Your Personal Information with third parties only in the ways that are described in this Policy, including as set forth below.
Our legal basis for collecting, using, and sharing the Personal Information described above will depend on the Personal Information concerned and the context in which We collect it. However, We will normally collect and/or process Your Personal Information pursuant to one or more of the following legal bases:
If We ask You to provide Personal Information to comply with a legal requirement or to perform a contract with You, We will make this clear at the relevant time and let You know whether the provision of Your Personal Information is mandatory or not (as well as the possible consequences if You do not provide it). Similarly, if We collect and use Your Personal Information in reliance on Our legitimate interests (or those of a third party) that are not listed above, We will make clear to You at the relevant time what those legitimate interests are. If You have questions about or need further information concerning the legal basis on which We collect and use Your Personal Information, please contact Us using the contact details provided in the “Contact Details” clause below.
If You are a resident of EU, European data protection laws give you certain rights regarding your personal information.
You may ask us to take the following actions in relation to the personal information that we hold –
Access: To provide the personal information we hold for you
Rectify: To rectify the incorrect personal information we are holding for you
Delete: To erase the personal information.
Transfer: Send a machine-readable copy of your personal information to you or a third party of your choice
Restrict: To restrict the processing of your personal information
Opt-out: To stop receiving direct marketing communications. You may continue to receive Service-related and other non-marketing emails.
If you are Our Visitor/ User/ Client/ Subscriber: For Our Users/ Visitors/ Clients/ Subscribers we are the controller of your personal information for purposes of European data protection legislation. You can exercise any of the above-mentioned rights by submitting these requests to Us by email to firstname.lastname@example.org . We may require some information to authenticate your request. We may reject your request as applicable under law in which case we will inform you of the legal basis for rejecting your request. We shall endeavor to respond to Your Request and inform You on the actions taken, within one (1) month from Your Request or within a reasonable timeframe in accordance with GDPR. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact our data privacy officer at the address given in the ‘Contact Details’ clause.
If you are Our Client’s End Customer: For Our Client’s End Customers, we process their personal data on behalf of Our Clients and act only as a Data Processor on behalf of Our Client who is the Data Controller. Any requests relating to European Users’ exercise of their rights of access, rectification, erasure, or restriction under the European General Data Protection Regulation (“GDPR”) must be provided to Us by Our Client. Our Client can notify Us of these requests by contacting us via the correspondence address given in ‘Contact Details’ clause or by any other request mechanism agreed mutually, and we shall comply within a reasonable timeframe in accordance with GDPR.
3.4.1. In certain circumstances, You have the right to access the Personal Information that We hold about You and to correct, update, or request deletion of Your Personal Information. Prior to the fulfillment of Your request concerning Your Personal Information, We will ask You to verify Your identity before We can act upon Your request. You have the following rights:
3.4.2. As far as We process Your Personal Information on the basis of Our legitimate interests, You can object to processing at any time. You can find a detailed description of Our processing activities and the legal basis in the clauses above. If You object to such processing, We ask You to state the grounds of Your objection in order for Us to examine the processing of Your Personal Information and decide whether to adjust the processing accordingly.
We or Our appointed service providers shall collect, use, process, store and disclose Your Personal Information outside Your home countries, to provide Our Services. Such outside countries may have data protection and privacy laws that may be different from the laws of Your home country. We only transfer Personal Information to another country in accordance with the Applicable Laws, provided there are legally adequate protections in place for the Personal Information.
Further, transfer of Your Personal Information also include: a) In the event that We undergo reorganization are sold to, or merged with a third party, or sell all or substantially all of Our assets, any Personal Information We hold about You may be transferred to that re-organized entity or third party in compliance with applicable law; b) In the unlikely event of Our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, We may not be able to control how Your Personal Information is treated, transferred, or used.
In certain situations, We may be required to disclose Your Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We strive to keep Our processing activities with respect to Your Personal Information as limited as possible.
For EU’s Data Subjects:
For Your Personal Information transferred from the EU, to Us in other countries, and for onward transfers of Your Personal Information to Our appointed services providers, We and Our appointed service providers will protect Your Personal Information when it is transferred from the EU, to other countries by:
For other international transfers of Your Personal Information from the EU, We shall implement such measures as are necessary to ensure that appropriate safeguards are provided to Your transferred Personal Information, as agreed with You.
If We learn that We have collected the Personal Information (defined below) from a User who is under the age of 18 that was not provided under the supervision and consent of the minor’s parents or guardians, We will promptly delete such information. If You believe that We have collected Personal Information from someone under the age of 18, please contact Us at email@example.com.
Attn: DATA PRIVACY & SECURITY OFFICER
Correspondence Address: GALE Creative Agency Pvt Ltd, #3/1, Ground Floor, JP Techno Park, Millers Rd, Vasanth Nagar, Bengaluru 560052, Karnataka, India