Marky is a destination for art and art projects. We make our Services available to users ("Users," "you", "your") via the Marky website (currently located at http://www.marky.com) (the "Site"), and through other platforms and media. Through Marky, you may purchase a subscription to receive monthly shipments of curated items (each, a "Subscription") and/or single-purchase offerings (each, a "Box"). The term "Services" shall include, without limitation, use of the Marky Site, and/or purchase of a Box and/or Subscription, including the goods and/or services included therein (each, a "Product") and any additional goods or services Marky delivers to you. The Site at Marky.com is currently powered by CrateJoy, the blog is currently powered by WordPress, and payments are currently processed by Stripe. If you have specific questions about services provided by these third parties, we encourage you to review the websites and privacy policies for these third party services.
We collect information to deliver our products, and to manage and improve our Services, features and content.
Information" and "Log Data". To explain what we mean by these terms:
"Personal Information" is information about you that can be used to contact or identify you, such as your full name, street address, e-mail address or mobile number. Personal Information also includes financial information such as your credit card number.
"Non-Identifying Information" means information that does not permit the identification of an individual person, such as other information that you provide as part of your use of the Services. "Log Data" is derived by our servers automatically as you interact with the Services, which record information that your browser or mobile device sends whenever you interact with the Service. Log Data is a form of Non-Identifying Information.
a. Personal Information. When you create an account, we may collect your first and last name, and your
e-mail address. If you subscribe (the "Subscription Services") or purchase any items, we will also
collect credit card or other payment information on behalf of our payment processor, along with your billing
and shipping address.
b. Non-Identifying Information. We may also collect some Non-Identifying Information about you and your preferences as part of our Services, including certain log data that your browser or mobile device ends. This Log Data may include information such as your computer's IP (Internet Protocol) address and browser type, your mobile device, ID, your operating system, and other analytics that help us deliver our Services.
c. Information You Share. If you enter any information (including Personal Information) on the Site, through a comment, or by contacting us, we may collect this information, which may include your e-mail address and other information that you may submit.
a. On the Site, Marky may use web beacons, session cookies (which expire once you close your browser) and
persistent cookies (which remain for a certain period of time unless deleted) which may provide Non-Identifying
Information: (i) to recognize a User when they arrive at the Site, (ii) to deliver information requested by the
Users or to recommend information or products we think may be of interest; (iii) for analytics purposes, to
monitor usage of the website, to reengage users, or to improve user experience; and (iv) to remember choices
you make in order to improve user experience.
b. YOUR OPTIONS: Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being set. Instructions to remove persistent cookies can be found through your Internet browser, or through associated websites that advise how to engage "Do Not Track". Mobile devices may contain settings that allow you to disable tracking and/or analytics. Marky will respect all such instructions it receives. Be aware, however, that if you choose to disable cookies or opt out of tracking or disengage similar features on your mobile device, some or all areas of the Services may not be optimized for your use and you may not be able to access the functionality of the Services.
We use your Personal Information to inform you about the Products, to fulfill the Subscription Services, deliver Boxes and send you Products. We use your Personal Information in some cases in conjunction with your Non-Identifying Information to recommend and deliver to you content and features we think you will enjoy, based on your expressed preferences. Log Data is used to track and analyze use of the Services. We may also combine your Personal Information with Non-Identifying Information and Log Data and aggregate it with information collected from other Users to improve the quality and performance of our Services and to analyze how our Services are used.
a. Information that you Share. If you choose to share Personal Information that has been collected by
Marky through a public post or commenting feature, it will become known to the public.
b. Payment Processors. If you sign up through Marky for a Subscription Service or purchase a Box or other content, a third party payment processor may have access to your Personal Information for the purpose of processing transactions and renewals. All payment processors will be bound to maintain all Personal Information in a secure environment, keep its confidentiality and not use or disclose such information for any purpose other than to validate purchases and operate the Subscription Services. Marky does not itself hold or retain credit card information.
c. Other Service Providers. We may employ third party companies and individuals to help us deliver our Services, to perform maintenance and research services, or to assist us in analyzing how our Services are used (such as infrastructure providers, database management, web or mobile analytics and improvement of the Services' features). These third parties may have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
d. Aggregate Information and Non-Identifying Information. We may disclose to third parties information that does not include Personal Information but may include aggregated Non-Identifying Information and Log Data for the purposes of industry analysis, research, demographic profiling, marketing, and other purposes relating to our Services. Any aggregated information shared in these contexts will not contain your Personal Information.
f. Compliance with Laws and Law Enforcement. We may access and disclose your Personal Information to government or law enforcement officials or private parties if we believe in good faith that such disclosure is necessary to comply with applicable laws, to respond to valid legal process such as a search warrant, subpoena, statute, or court order, to protect the property and rights of Marky or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.
You may access, update and edit certain Personal Information through your account. When you receive mailings or messages from us, you may indicate a preference to stop receiving further communications from us by electing to "unsubscribe". We may, however, still send you administrative messages regarding the Services. You may contact us firstname.lastname@example.org with a request that we delete your Personal Information from our database or remove other information that you no longer wish to include as part of the Services. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. The Services are intended for Users over the age of 13. If a child between the ages of 13 and 18 wishes to erase or delete any information that he or she has included or shared via the Services, please contact us email@example.com and we will promptly comply.
Unless there is a specific legal or regulatory requirement for us to keep information, we will retain it for no longer than is reasonably necessary for the purposes for which the data was collected or for which it is to be further processed.
Marky is located in the United States. Accordingly, Personal Information we collect may be transferred to and stored in our servers or those of third parties that act on our behalf (such as hosting providers and payment processors) in the United States or other countries outside of the European Economic Area. By using the Services you agree to such collection, transfer and storage outside of the European Economic Area or other territories where the information may have been collected.
You should be aware that while we and our payment processors take industry standard administrative, physical and technological measures to maintain the security of your Personal Information, we are not able to fully eliminate all security risks or potential breaches.
Effective Date: May 13, 2016