Privacy Policy and Your Privacy Rights

Effective Date: April 19, 2010

Graphicly, Inc. (“Graphicly,” “we,” or “us”) cares about how your personal information is used and shared. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our service provided through our website or other communications platforms, including applications on your mobile device (the “Service”).

By submitting Personal Data through the Service and using the Service, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy. Your Personal Data may be processed in the country where it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.

Types of Data We Collect

We collect Personal Data and Anonymous Data from you when you visit our website or use our Service, when you send us information or communications, and/or when you submit content or enter into transactions in connection with our Service. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

Data You Provide to Us. We receive and store any information you enter on our Service or otherwise provide to us, including information that is generated by your activities on our Service.

  • We collect Personal Data from you, such as your user name, password, age, and e-mail address, when you create an account on our Service or install our application on your computer or device.
  • When you pay for products or services provided by us, we will collect all information necessary to complete the transaction, including your email address, name, contact information, credit card information or other payment information, and billing information.
  • We may also collect Personal Data, such as demographic information, from you via the Service or at other points in our website or an application on your mobile device that state that Personal Data is being collected.
  • If you provide us feedback or contact us via e-mail, we may collect your name and e-mail address, as well as any other content included in the e-mail or that you submit to us, in order to send you a reply.
  • You may elect to contribute content to the Service, including forum postings, blog entries, in-panel comments, artwork comments, and other content that you own or have the right to display and reproduce. Contributed content will be stored on our servers and other users of the Service will be able to see it.

Data Collected via Technology.

We collect Personal Data and Anonymous Data from you based on your use of the Service, directly and indirectly. Like most Internet services, we automatically gather this Personal Data and Anonymous Data and store it in log files each time you visit our website or access your account through our Service, including through applications on your mobile device.

  • Our servers (which may be hosted by a third party service provider) collect Anonymous Data from you, such as browser type and version, operating system, platform, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, a date/time stamp for your visit, and other demographic information.
  • We use cookies and navigational data like Uniform Resource Locators (URL) to gather Anonymous Data such as the date and time of your visit, the information for which you searched and which you viewed, and the sites you visited before and after visiting our website. We also use cookies to collect, store and sometimes track Anonymous Data for statistical purposes to improve the Service. We also use a cookie to save your settings and to provide customizable and personalized services (such as to hold your shopping cart information). A “cookie” is a small data file that can be placed on your hard drive when you visit certain websites. Additionally, be aware that if you visit other websites you may be required to accept cookies. Advertisers and partners may also use their own cookies. We do not control use of these cookies used by advertisers and partners and expressly disclaim responsibility for information collected through them.
  • We use software tools such as Flash or JavaScript to collect page interaction information on our website such as clicks, drags, and hover-overs, response times, errors, and length of visits to certain pages.
  • We may use clear gifs or other data files or identifiers to track Anonymous Data for statistical purposes to improve and develop the services we provide. Additionally, be aware that advertisers and partners may also use their own clear gifs and we do not control use of these by advertisers and partners and expressly disclaim responsibility for information collected through them. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a user’s hard drive, clear gifs are embedded invisibly on web pages.

Use of Your Data

Generally. In general, Personal Data you submit to us is used to provide you with a customized experience, aid us in serving you better, and to respond to your requests. We use your Personal Data to:

  • Facilitate the creation of and secure your account on our network.
  • Identify you as a user in our system.
  • Provide the services, products, and customer support you request.
  • Provide improved administration of the Service.
  • Analyze request and usage patterns, diagnose problems with our server and administer our Service.
  • Improve the quality of experience when you interact with the Service.
  • Send you administrative e-mail notifications, such as security or support and maintenance advisories.
  • The e-mails we send may contain code that enables our database to track your usage of the e-mail, such as whether the e-mail was opened and/or what links (if any) were clicked.
  • Respond to your inquiries related to employment opportunities or other requests.
  • Send you e-mail messages or postal mail informing you of our products and services and also third party products and services we believe may be of interest to you, such as new features and services, special offers, and updated information, and for other marketing purposes for us or other companies.

Feedback

If you provide feedback relating to the Services to us, we may use such feedback for any purpose.

Sharing of Information. We display your user name and public profile throughout the Service. This user name and public profile, as well as all of your activity on the Service under that username and public profile, is publicly available on the Service to other users. Other users on our Service can see your transactions, feedback, ratings, comments, forum postings, blog postings, friend lists, activity streams, pull lists, stack sharing, and other activity. If you associate your name with your username and/or public profile, the people to whom you have revealed your name will be able to personally identify your activities on our Service. If you use forums, blogs, or other areas of our Service where you post your own content and participate in the community or send emails or other messages to other users of our Service, you should be aware that any Personal Data you provide can be read, collected or used by other users of the Service, could be used to send you unsolicited messages, and will be stored on our servers. We are not responsible for the Personal Data you choose to submit in these areas of the Service. We may use Personal Data you submit or that is made available in these areas of the Service (as well as any other content you submit in these public areas) to promote the Service, including through online distribution, distribution in print form and other offline forms and other forms of delivery or distribution.

Third Party Websites and Services

You have the option to share certain information with third party websites or services. For example, you may choose to publish updates of your activity (such as your downloads, feedback, ratings, and comments) on our Service on other third party websites or services. Those updates (and any other information you choose to share) will be linked to your account on those third party websites or services and may be publicly available to other users there. If you associate your name with your username and/or public profile, the people to whom you have revealed your name will be able to personally identify your activities on our Service. We are not responsible for any information you choose to share with third party websites or services.

Disclosure of Your Data

We may share your Personal Data with:

  • Third parties under contract to perform functions on our behalf or on behalf of our merchants. Examples include sending postal mail or e-mail, analyzing data, performing quality assurance, testing, providing technical support, providing marketing assistance, verifying identity, fraud screening and providing customer service. These third parties may have access to your Personal Data only as needed to perform their functions.
  • Any companies that acquire our company or our assets. That company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. We will notify you on the Service of any change of ownership or control of your Personal Data.
  • While we do not have a parent company, any subsidiaries, joint ventures, or other companies under common control (collectively, “Affiliates”), we may in the future. We may share some or all of your Personal Data with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.
  • We may share Anonymous Data with third parties.
  • Third party marketers and our third party partners for their own marketing, advertising, and promotional purposes.

We may disclose information you provide (including Personal Data) if we have a good faith belief that disclosure is necessary to: (1) comply with the law or with legal process served on us; (2) protect and defend the rights or property of us or our users; (3) act in an emergency to protect someone’s safety; or (4) investigate any violation or potential violation of the law, this Privacy Policy, any Graphicly End User License Agreement, and the Graphicly Terms of Service.

Your California Privacy Rights

If you are a California resident, you may request and obtain from us, once a year, free of charge, certain information about the Personal Data (if any) we disclosed to third parties for their direct marketing purposes in the preceding calendar year. This information would include a list of the categories of Personal Data that we shared and the names and mailing addresses of all third parties with which we shared Personal Data in the preceding calendar year. If you would like to make such a request, please submit your request to support@graphicly.com.

Payment Information

If you are submitting payment information through this Service, we collect your payment information for the purpose of allowing you to pay for products or services we provide you through the Service. To make any payments through the Service you will be required to give us, our partners, or our third party payment services providers valid payment account information or a valid credit card number and associated payment information at the time you are required to make such payments, including all of the following: (1) your name as it appears on the card, (2) the credit card type, (3) the date of expiration of your credit card, (4) any activation numbers or codes needed to charge your card, and (5) billing address. Some of our partners or third party payment services providers may require you to have an account with them and may request additional information such as your banking information. We use our partners and third-party processing companies (including credit card processing companies) to assist with billing and payment processes. Any Personal Data you provide to such third party will be subject to that third party’s privacy policy and terms of use, and not to this Privacy Policy or the Graphicly Terms of Service.

Your Control of the Use of Your Personal Data

We offer you choices regarding the collection, use, and sharing of your Personal Data. We may periodically send you free newsletters and emails about new services, promotions, products or merchants, or other noteworthy news, or that may contain advertisements for third parties. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive, by changing your settings in your user profile, or by contacting us at support@graphicly.com. Should you opt-out of receiving future mailings, we may share your email address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated email preferences, we may send you notices of any updates to our Terms of Service, Privacy Policy, or other terms for the Service.

A Note About Children

Our Service is not directed to children under the age of 13. We respect the privacy of parents and children and are committed to complying with the Children’s Online Privacy Protection Act (“COPPA”). On those areas of our Service that ask for age, we do not collect Personal Data from individuals who identify themselves as under the age of 13 except in those limited circumstances where such collection is permitted under COPPA.

Security

We have industry-standard security measures in place to help protect against loss, misuse and alteration of the information under our control, including your Personal Data. Although we will exercise reasonable care in providing secure transmission of information between your computer and our servers, we cannot ensure or warrant the security of any information transmitted to us over the Internet and we accept no liability for any unintentional disclosure.

Links to Other Sites

Our Service contains hyperlinks and pointers to Internet sites maintained by third parties. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. Many third-party sites have their own privacy policies that differ from ours. This Privacy Policy only covers our Service and does not cover any other site.

Contacting Graphicly, Inc.

We would like to receive your comments and questions about this Privacy Policy and any other matter you have regarding our Service. Please address comments or questions to us via Get Satisfaction or postal mail.

You may access our Get Satisfaction portal by going to http://getsatisfaction.com/graphicly.

You may also contact us by mail at:

Graphicly, Inc.
1919 14th St. Suite 319
Boulder, CO 80302

Changes to this Privacy Policy

This Privacy Policy is subject to occasional revision, and if we make any material changes to the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on the Service. Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Services. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of the Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.