Privacy policy

This Privacy Policy is effective as of December 31st, 2019.

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Zmagle.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Website refers to Zmagle, accessible from www.zmagle.com

  • Service refers to the Website.

  • Country refers to: Ukraine

  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

  • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

  • Personal Data is any information that relates to an identified or identifiable individual.

  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Collecting and Using Your Personal Data

Types of Data Collected
Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You, grouped by categories: 

  • Identity Data includes first name, last name or similar identifier.

  • Contact Data includes email address, telephone numbers, Address, State, Province, ZIP/Postal code, City, Country.

  • Technical Data includes internet protocol (IP) address, browser type and version, operating system and platform

  • Usage Data includes information about how Users use our Services, such as browsing actions within the portal, the buttons, controls, Users click on, pages of our portal that Users visit, the time spent on those pages, User’s search queries, the dates and times of User’s visits, and workplace usage.

  • Service Data. We also collect, use and share Non-personalized data called “Service Data” such as statistical or demographic data for any purpose. Service Data may be derived from User’s personal information but is not considered personal information in law as this information does not directly or indirectly reveal User’s identity. For example, we may aggregate User’s Usage Data to calculate the percentage of users accessing a specific Website feature. We do not collect any Special Categories of Personal Data about Users (this includes details about User’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about User’s health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session and persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies
    Type: Session Cookies
    Administered by: Us
    Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

  • Cookies Policy / Notice Acceptance Cookies
    Type: Persistent Cookies
    Administered by: Us
    Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies
    Type: Persistent Cookies
    Administered by: Us
    Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

  • Tracking and Performance Cookies
    Type: Persistent Cookies
    Administered by: Third-Parties
    Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.

Third party cookies

Cookies are also set by third parties on the Website (such as Google Analytics, Google Maps and Google Ads) e.g. for advertising purposes or enhancement of the Website.

Examples of cookies set by Google Analytics: __utmc, __utma, __utmb, __utmz. We do not have access to these cookies.  We only allow them to be served. However, we may use the anonymised statistical information provided to us by Google Analytics arising from these third party cookies, for example, to monitor usage of the Website or improve the targeting of advertisements to users of the Website. You will find details about Google Analytics in the special section below.

The third parties that generate these cookies and action tags have their own privacy policies describing how they use information that they collect. More information about cookies placed by specific third parties and how to restrict or block their cookies can be accessed by following the link to their website and to generate an "opt-out" cookie that will stop any further cookies being written to your device. For instructions regarding the opt-out of Google services see www.google.com/policies/privacy/. You can also visit the European Interactive Digital Advertising Alliance (EDAA) website at http://youronlinechoices.eu/for information on how to obtain an "opt-out" cookie from other third parties.


 

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.

  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.

  • For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.

  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

  • With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see You name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data
Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation

  • Protect and defend the rights or property of the Company

  • Prevent or investigate possible wrongdoing in connection with the Service

  • Protect the personal safety of Users of the Service or the public

  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

  • Matomo
    Matomo is a web analytics service. You can visit their Privacy Policy page here: https://matomo.org/privacy-policy

  • Clicky
    Clicky is a web analytics service. Read the Privacy Policy for Clicky here: https://clicky.com/terms

  • Statcounter
    Statcounter is a web traffic analysis tool. You can read the Privacy Policy for Statcounter here: https://statcounter.com/about/legal/

  • Mixpanel
    Mixpanel is provided by Mixpanel Inc.
    You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/
    For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/

  • Google Analytics

Website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses cookies, which – as explained above in detail – are text files placed on your computer, to help the website analyse how our users use the Website. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymisation, Google will truncate/anonymise the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the EEA. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. Google will use this information for the purpose of evaluating your use of the Website on our behalf, compiling reports on Website activity for us  and providing us with other services relating to Website activity and internet usage. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the Website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB.

You can refuse the use of Google Analytics by sending an email to legal@zmagle.com with appropriate request. We will send you instructions on how to opt-out of Google Analytics. An opt-out cookie will be set on your computer, which prevents the future collection of your personal information when visiting the Website.

Further information concerning the terms and conditions of use and data privacy can be found at https://www.google.de/intl/en_uk/policies/. Please note that on the Website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so-called IP-masking).   

In addition, you can prevent the collection of the data generated by the cookie by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available from the following link: https://tools.google.com/dlpage/gaoptout.

  • Mouseflow

Website uses Mouseflow: a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. Mouseflow may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), referrer, anonymized IP address, location (city/country), language, and similar meta data. Mouseflow does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser. If you'd like to opt-out, you can do so at https://mouseflow.com/opt-out. If you'd like to obtain a copy of your data, make a correction, or have it erased, please contact us first or, as a secondary option, contact Mouseflow at privacy@mouseflow.com.

For more information, see Mouseflow’s Privacy Policy at http://mouseflow.com/privacy/.

For more information on Mouseflow and GDPR, visit https://mouseflow.com/gdpr/.

Social media plugins and data collection regarding the Website

We have implemented Social Plugins from Social networks like Facebook, Twitter and Google+ (“Plugins”) so that you can share anything of interest to you with your friends and connections. See below.

Facebook

Our services use Plugins from Facebook Inc. (“Facebook”), 1601 S. California Ave, Palo Alto, CA 94304, USA.

You may recognise Facebook Plugins via the Facebook logo, the “Like” button or the term “Facebook” on the Website. If you use our services, your browser not only connects to our server but also to Facebook’s servers. Thus, the content of the Plugin is transmitted to your browser which embeds content on the Website. Hence, Facebook receives information that you used our services. If you use our services while logged into your Facebook account, Facebook may be able to link use of our services to your Facebook account. E.g. if you click the “Like” button or post a Facebook comment this information may be transmitted directly to Facebook. We are not able to directly influence the amount of data which Facebook collects via the Plugin. Further information regarding data collected by Facebook may be found via the following link: https://de-de.facebook.com/policy.php.

Google+

Our services use Plugins from the social network Google+, operated by Google.

You may recognise references regarding the social network Google+ via use of the Google+ logo or “+1“ button. If you use our services, your browser not only connects to our server but also to Google’s servers. Thus, content of the Plugin is transmitted to your browser which embeds content on the Website. Hence, Google receives the information that you used our services. If you use our services while logged in with your Google+ account, Google may be able to link use of our services to your Google+ account. If you use functions of Google+ separately, this information may be transmitted directly to Google.

We are not able to directly influence the amount of data which Google collects via the Plugin. Further information regarding data collected by Google may be found via the following link: http://www.google.de/intl/de/policies/privacy.

Twitter

Furthermore we use the social network twitter (“Twitter”), operated by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103 USA.

You may recognise references regarding Twitter via use of the Twitter logo or the term “Twitter” on the Website. If you use our services, your browser not only connects to our server but also to Twitter Inc.’s servers. Thus, content of the Plugin is transmitted to your browser which embeds content on the Website. Hence, Twitter Inc. receives information that you used our service. If you use our services while logged in with your Twitter account, Twitter Inc. may be able to link use of our services to your Twitter account. If you use functions of Twitter separately, this information is transmitted directly to Twitter Inc.

We are not able to directly influence the amount of data which Twitter Inc. collects via the Plugin. Further information regarding data collected by Twitter Inc. may be found via the following link: https://twitter.com/privacy.

 

 

Behavioral Remarketing

The Company uses remarketing services to advertise on third party websites to You after You visited our Service. We and Our third-party vendors use cookies to inform, optimize and serve ads based on Your past visits to our Service.

Usage, Performance and Miscellaneous

We may use third-party Service Providers to provide better improvement of our Service.

  • Google Places
    Google Places is a service that returns information about places using HTTP requests. It is operated by Google.
    Google Places service may collect information from You and from Your Device for security purposes.
    The information gathered by Google Places is held in accordance with the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

Where EU data protection law applies, and where applicable under other data protection laws, we process your personal data for the following legal bases. Our legal basis for collecting and using the personal data described in this Privacy Policy depends on the personal data we collect and the specific context in which we collect it.

  • Our Contract With You: Our processing is necessary to perform our obligations under a contract with you or to perform steps requested by you prior to entering into a contract with you (e.g., to verify the information you have provided to us).

  • Our Legitimate Interests: Our processing is necessary for our legitimate interests, including to protect the security of our services; to protect the health and safety of you or others; to establish, protect and defend our legal rights and interests; to prevent fraud and verify identity

  • The right of rectification. You have the right to have your personal data rectified if that information is inaccurate or incomplete.

  • The right to object. You have the right to object to our processing of your personal data.

  • The right of restriction. You have the right to request that we restrict the processing of your personal data where (i) you contest the accuracy of the personal data; (ii) the use is unlawful but you do not want us to erase the personal data; (iii) we no longer need the personal data for the relevant purposes, but you require it for the establishment, exercise or defense of legal claims; or (iv) you have objected to our personal data use justified on our legitimate interests pending verification as to whether we have compelling interests to continue the relevant personal data use.

  • The right to data portability. To the extent that we use your personal data on the basis of consent for the performance of a contract and that personal data is processed by automatic means, you have the right to be provided with a copy of the personal data we have on you in a structured, machine-readable and commonly used format, and also to require us to transmit it to another data controller where this is technically feasible.

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Green Patch Inc. relied on your consent to process your personal data.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your personal data if you consider that the collection and use of your personal data violates this Privacy Policy or applicable law. For more information, please contact your local data protection authority in the European Union (EU).

Disclosing Your Information

We will disclose your information to entities as described below:

  • Our affiliates and subsidiaries: Where permitted by law and unless you request otherwise, we will share your information with our affiliates and subsidiaries for the purposes set forth in this Privacy Policy.

  • Service Providers: As described in the Service Providers section. 

  • Other Users: As stated above, you may choose to submit information on a blog or in a forum. Any information that you submit will be available to other users of our Service.

  • General Business Operations: We disclose information where necessary to the administration of our general business, accounting, record keeping and legal functions, to our tax advisors, legal counsel and other professional services entities or agents.

  • In Response to Legal Process: We disclose your information to comply with the law, a judicial proceeding, court order or other legal process, such as in response to a subpoena or warrant.

  • To Protect Us and Others: We disclose your information where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety rights, property, or security of Green Patch, Inc., the Service, or of any person or violations of this Privacy Policy or our Terms of Use.

  • Aggregate and Anonymized Information: We may share aggregate or anonymized information about use of the Service with service providers for marketing, advertising, research, analytics or other similar purposes.

 

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Do Not Track

Your browser or device may include “Do Not Track” settings or functionality. Currently, our systems do not recognize browser "Do Not Track" requests. However, you may disable certain tracking on our Website, as discussed above (e.g., by disabling cookies). For more information about Do Not Track signals, please go to: https://allaboutdnt.com.

Payments

We use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal data is governed by their Privacy Policy. We are not responsible for these third-party payment processors.

The payment processors we work with are:

 

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

Copyright © Zmagle, 2020. All rights reserved.