Privacy Policy

Effective date: Jan 1st 2016

 

As used in this “Privacy Policy”, “Grafica” refers to all websites (including www.grafica.io and app.grafica.io), properties, and services owned or operated by Grafica, Inc., aka Grafica (also referred to as “we”, “our” or “us”).

This Privacy Policy is part of Grafica’s Terms of Use and describes the privacy practices of Grafica. It explains when and how Grafica collects end user and Customer information, including Personally Identifiable Information (defined below), how we use such information, and the circumstances under which we may disclose such information to others. This Privacy Policy includes the policies that Grafica observes for compliance with laws in the United States as well as other applicable laws, including those followed regarding the transfer of Personally Identifiable Information from the European Economic Area (“EEA”) and/or Switzerland to the United States under the U.S. – EU and U.S. – Swiss Safe Harbors, respectively (collectively, the “Safe Harbor”).

By using the Grafica App that provides notice of its use of Grafica and/or this policy, or registering for our service, you acknowledge that you accept and consent to the practices outlined in this Privacy Policy.

What Types of User Information Does Grafica Obtain?

Users of the Grafica App. If you are a user to the Grafica App or a Grafica customer (“Customer”) who registers or signs into the Grafica App (including for purposes of obtaining a free trial of Grafica‘s services), we may obtain the following types of information from you or concerning your computer or device (“Grafica Customer Information”), which may include information that can itself be used to identify and/or contact you (“Personally Identifiable Information”):

  •    Name
  •    Email address
  •    Phone number
  •    Company Name
  •    Credit card number
  •    Billing address
  •    SMS History
  •    Payment transactions
  •    GPS location
  •    Contact information
  •    Visitor site preferences

Grafica may also receive certain information that may be provided by your browser or mobile device, including:

  •    Browser information
  •    Operating system information
  •    Mobile device information (e.g., device identifier, mobile operating system, etc.)
  •    IP address
  •    Pages accessed
  •    Time of visit
  •    Time of last visit
  •    Referring site, application, or service, including the relevant search queries that led you to Grafica’s website

 

Clients of Grafica’s Customers. Our Customers may use proprietary Grafica’s App, software and/or services (“Service(s)”) to obtain information regarding activities that users engage in while using their service (“Customer User Data”). Grafica’s code contained on the App contacts Grafica’s servers and enables Grafica to collect Customer User Data. Some Customers may also use their own code to obtain Customer User Data and then send such information to Grafica’s servers. Customer User Data may include Personally Identifiable Information, including, but not limited to, the types of information listed for Grafica Customer Information above.

Customer User Data is stored on Grafica’s web servers and databases (including those hosted on third party servers on behalf of Grafica) for use in performing analysis and producing reports. In addition, Grafica itself uses the Grafica Service in order to obtain insights into users’ activities on its own services, which include, as of the Effective Date, http://www.grafica.io and app.grafica.io.

Grafica’s collection and analysis of Customer User Data helps our Customers to evaluate and understand how their users are interacting with their service, and potentially, to modify the service in order to make it more valuable or useful for their users. This data may include or be linked to Personally Identifiable Information depending on how the Customer uses Grafica’s Services on its app. Grafica’s Customers are contractually prohibited from sending personally sensitive Customer User Data (e.g. personal health information, political opinions, religious or philosophical beliefs) to Grafica and Grafica does not knowingly receive such data.

How Do We Use This Information?

Users of the Grafica App. We use the Grafica Customer Information, including Personally Identifiable Information, to register your account, fulfill your requests, understand how you are engaging with Grafica, communicate with you, determine if you are satisfied with the Service, process billing for Grafica Services, and personalize your experience on the Grafica App and with the Grafica Service.

We may also use Grafica User Information to facilitate the delivery of content or advertisements that we believe may be of interest to you, or to communicate with you about new or existing products and services or special offers.

Users of the Grafica App. We may use information you provide when using the Grafica App to send you e-mail communications, such as information on upcoming events or webinars, and to understand how you are engaging with and perceive Grafica’s Services.

Clients of Grafica’s Customers. We may use the Clients of Grafica’s Customers’ Information, including Personally Identifiable Information, to track and collect payment details and notifications, understand how they are engaging with our Customers’ service and with Grafica, communicate with them, determine if they are satisfied with the Service, and improve their experience with the Grafica Service.

Grafica may also analyze Customer User Data to determine overall trends, analyze user metrics, understand how users are engaging with services, and may produce reports that can be shared with partners.

Our Customer’s Use of Grafica. Grafica contractually requires its Customers to abide by all applicable laws, rules and regulations, including the Safe Harbor where it applies, as well as other applicable laws relating to privacy and data collection (“Applicable Laws”). Grafica also contractually requires its Customers to obtain any necessary consents from clients to its service(s) for the Customer’s use of Grafica’s services, comply with all Applicable Laws (including, as an example, the Safe Harbor where it applies) with respect to the transfer of Personally Identifiable Information of EU or Swiss subjects through the Service, and to communicate their privacy policy that provides each client with clear notice of its practices regarding data collection, use, and disclosure (including the Customer’s use of Grafica), along with a link to the Grafica Privacy Policy.

Grafica cannot be held responsible for any Customer’s failure to make these disclosures with their service or for any Customer’s use or collection of Customer User Data that is not permitted under this Privacy Policy or otherwise. For more details on the terms that apply to our Customers’ use of the Grafica Service, please see Section 4 (“Privacy”) in the Grafica Terms of Use.

Disclosure of Information to Third Parties

Service Providers. Information, including Grafica Customer Information, Customer User Data, and any Personally Identifiable Information contained therein, may be shared with certain third-party companies and individuals for technical and administrative aspects of the Grafica Service (e.g., credit card processing), or perform functions related to the administration of Grafica (e.g. hosting services). These third parties perform tasks on our behalf and are contractually obligated not to disclose or use Grafica User Information or Customer User Data for any other purpose, and to employ adequate security measures to prevent unauthorized access to such data. However, Grafica is not responsible in the event that Personally Identifiable Information is disclosed at a result of a breach or security lapse by any such third party.

Grafica Customers. Grafica Customers may share Customer User Data with service providers (e.g. customer relationship management platforms) that perform tasks on behalf of Grafica Customers. Grafica contractually requires the Customers to disclose such practices to its users.

Grafica Partners. Grafica Customer acknowledges that Information, including Grafica Customer Information, Customer User Data, and any Personally Identifiable Information contained therein, may be shared with other Grafica Partners for the purpose of (i) providing other functions related to the Services; (ii) analyzing and improving the Services; and/or (iii) compiling data derived from your use of the Services and your Client Data to compile statistics, metrics, insights and general trend data about the Services for, among other things, Grafica’s marketing, promotional purposes or side-revenue opportunities.

Law Enforcement and Legal Process. Grafica also reserves the right to disclose any Grafica Customer Information or Customer User Information (including Personally Identifiable Information) to: (i) comply with any law, regulation, or legal request; (ii) enforce, apply, or investigate breaches of the Terms of Use or other agreements; (iii) respond to Customer requests; or (iv) protect the rights, property, or safety of Grafica, our employees, our users, or others.

Change of Control. If Grafica, or substantially all of its assets, is acquired by another company or successor entity, Grafica Customer Information and/or Customer User Data will be one of the assets transferred or acquired by the purchaser or successor. You acknowledge that such transfers may occur, and that any purchaser of or successor to Grafica or its assets may continue to collect, use and disclose your information acquired prior to such transfer or acquisition as set forth in this policy.

Email Communications

We may contact you by e-mail or other equivalent electronic communications if you access Grafica products or services. By registering or using Grafica Services, you specifically consent to the receipt of these e-mail or text message communications. If you do not want to receive emails or other communications from us, please follow the unsubscribe instructions in the body of such communications or notify us by email at support@grafica.io.

How We Protect Your Personal Information

Grafica has implemented reasonable security mechanisms to protect Grafica Customer Information and Customer User Data that is maintained on Grafica’s servers from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access, high security public/private keys, encryption on processed data, and SSL encryption to protect transmission of data.

However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access Grafica Customer Information and Customer User Data in spite of these measures. Grafica cannot guarantee the security of your information and cannot be held responsible for unauthorized access to Grafica Customer accounts.

Our Policy Toward Children

Our Site and Service is not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13 or from services that are targeted to children under 13. If you are under 13, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us as provided below. If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our servers.

Changes to this Privacy Policy

Grafica retains the discretion to amend or modify this Privacy Policy from time to time. If we make material changes to the way we collect, use or disclose Personally Identifiable Information, we will notify you by posting a clear and prominent announcement on Grafica or through a direct communication to your Grafica account. For new users, the change or update will become effective upon posting. For existing users, the change or update will become effective 14 days after posting.

Use and disclosure of information we obtain is subject to the later of: (1) the Privacy Policy in effect at the time such information is collected or (2) any subsequent Privacy Policy of which you have constructive notice.

How to Contact Us

Grafica welcomes any questions or comments about this Privacy Policy or our privacy practices. Any such comments or questions should be submitted via e-mail to: support@grafica.io, or by first class mail, air mail, or overnight courier to:

Grafica

2275 East Bayshore Road, Suite 103

Palo Alto, CA 94303, USA

 

We will use reasonable efforts to respond promptly, within 10-20 business days, to requests, questions or concerns you may have regarding access to Personally Identifiable Information about you that we have collected. We may contact you for follow up information.

Any questions or concerns regarding the use or disclosure of Personally Identifiable Information should be directed to the Grafica Support Team. Grafica will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personally Identifiable Information by reference to the principles contained in this Privacy Policy. For complaints that cannot be resolved between Grafica and the complainant, disputes will be resolved pursuant to Sections 13.4 through 13.6 of the Terms of Use. For the avoidance of doubt, the dispute resolution procedures will be conducted in English.

Effective Date of this Privacy Policy

This Privacy Policy is effective as of the Effective Date set forth at the top of this document.