Privacy Policy

BY CONTINUING TO ACCESS THE JENDAMARK USA, LLC WEBSITE, YOU AGREE TO THE TERMS IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS IN THIS PRIVACY POLICY, DO NOT PROVIDE US WITH YOUR PERSONAL DATA. PLEASE NOTE THAT THIS PRIVACY POLICY MAY BE UPDATED FROM TIME TO TIME WITHOUT NOTICE TO YOU.

 

JENDAMARK USA, LLC (also referred to as “we,” “our,” “us”) is in the business of licensing software, and related activities.

 

This Privacy Policy governs the collection, storage, and use of your personal data when you access our website and review our products and / or service offerings, (collectively “Products and Services”). This policy provides you with details about the personal data we collect from you, how we use it, and the rights you have to control the personal data we maintain about you.

 

This policy is addressed to our website visitors located in the United States.

 

1. What information do we collect?
2. What do we do with the information we collect?
3. Who can use the information we collect and how?
4. How do we protect the personal information we collect?

1. What are your rights regarding your personal data?

6. How do you opt-out of personal information sharing with our business partners?
7. How do you correct and update your personal data?
8. What is our privacy policy if you are an underage child?
9. What happens when you link to a third-party website?
10. What happens when we update our privacy policy?
11. What if you have questions?

 

 

1. What information do we collect?

 

When you access our website, we collect only the information and personal data you have agreed to provide to us that is necessary to identify your needs and to provide you with better service. Depending on the jurisdiction, information about you may be called “personal information,” “personally identifiable information,” or just “personal data.” In this Privacy Policy, we call it both personal data and personal information in an effort to match the jurisdictional preferences.

 

Through your use of our website, we may request personal data including, but not limited to:

 

• Name, company, and job title;
• Contact information including email address and phone number;
• Demographic information including postal code, product preferences and interests;
• Internet Protocol (“IP”) Address and other persistent identifiers; and
• Other information relevant to customer surveys and offers.

 

If you become a registered user or if you conduct transactions through our website, we may collect information about the transactions you engage in while on the website. This information may include, without limitation, aspects of our Products and Services, your transaction type, the content that you view, download, or submit, the transaction amount, payment, and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business.

 

For example, we may collect and process the following information when you open an account with us:

• Account registration information: When you create an account with us, you provide us with your full name, email address, and your telephone number. You may also voluntarily provide us with additional personal data to enhance your user experience. This may include a profile picture (if you have not signed-in via Facebook), your month of birth, and precise geolocation.
• Transaction information: We may collect information relating to the orders that you make including valid payment method details. Payments are made through a payment processor, and we do not store your credit card information in our own systems. We will also collect information about your purchase history made available through the App. We may also review data relating to your completed transactions on successfully completed orders.
• Customer feedback and support: We may process the information that you give us whenever you contact us. We may make a copy of any correspondence with you for our training and quality purposes.
• Marketing opt ins and opt outs: If you have agreed to receive marketing and promotional material from us, we may process applicable and related information.
• Device information: We may collect your device ID; IP address; device type; operating system and version; general geographic location (from your IP address); browser type; screen resolution; device manufacturer and model; language; and interaction with QR codes. If applicable, you may control some of this information through your device settings.

 

Some of this personal data, including name, company name if applicable, and contact information, will only be collected if you voluntarily provide it. We may also track information such as the domain name and the name of the web page from which you entered our web portal, and how much time you spend on each of our pages. We may collect information that is combined with other web visitors’ information, such as how many times visitors click on each web page and the methods by which our Products and Services were found.

 

We may collect IP addresses and website usage information from you when you visit our website via the use of “cookies.” An IP address is a number that is assigned to your device when you are using your browser on the Internet. A cookie is a small file that is stored on the hard drive of your device ready for future access when you return to our website. We may use cookies to deliver web content specific to you and to keep track of your online order activity. Cookies cannot pass viruses, harm your computer, or pass on private information such as an email address without the device user’s intervention. Cookies contain session identification numbers that allow our systems to recall previous sessions for authentication efforts and assemble information from our gathered data. You can configure your device’s browser to alert you when our website is attempting to send you a cookie and allow you to accept or refuse the cookie. Further information on how to prevent cookies from being stored on your device can be found on http://www.allaboutcookies.org under the “manage cookies” section. Alternatively, you can access further information by going to the help menu within your internet browser. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

 

We may use cookies to give you the best experience on our website. If you continue to access our website without changing your cookie settings, we assume that you consent to our use of cookies on your device. You can change your cookie settings at any time but if you do, you may lose some functionality on our website.

 

PERSONAL DATA DOES NOT INCLUDE ANONYMIZED PRODUCTION DATA.

 

2. What do we do with the personal information we collect?

 

You will be asked to provide personal data in certain fields when using our website that allow you to be able to review or access our Products and Services. The personal data we collect is used only for the purpose we state at the time of collection or for purposes contained below. For example, our uses may include, but are not limited to, the following:

 

• To process transactions. We may use personal data such as name, physical address, telephone number, email address, and company/institution to engage in interactions with you, including contacting you about your transactions with our Products and Services.
• To process payments. We may use financial/credit card and payment information to process your order and may need to share some of this information with delivery services, credit card clearing houses, and other third parties to complete the transaction.
• To provide support or other services. We may use your personal data to provide you with support or other services that you have ordered or requested. We may also use your personal information to respond directly to your requests for information, including registrations for newsletters, webinars, or other specific requests, or pass your contact information to one of our distributors or resellers for further follow-up related to your interests.
• To provide information based on your needs and respond to your requests. We may use your personal data to provide you with notices of new product releases and service developments.
• To provide online forums and social networks. Some of our Products and Services may permit you to participate in interactive discussions, post comments, opportunities, or other content to a forum, or otherwise engage in networking activities. Some of these services may be moderated; all may be accessed for technical reasons (for example, for improvements or fixes). We do not control the content that users post to our forums or social networks. You should carefully consider whether you wish to submit personal information to these forums or social networks and tailor any content you submit appropriately and in accordance with the relevant terms of use. You should also review any additional terms and conditions that may govern your use of these services, including terms related to sharing your personal information and receiving communications.
• To administer products. We may contact you if you purchase products to confirm certain information about your order (for example, that you did not experience problems in the download process). We may also use this information to confirm compliance with licensing and other terms of use and may share it with your company/institution.
• To select content, improve quality, and facilitate use of our Products and Services. We may use your personal data, including the information gathered through website cookies as a result of your navigation across our website (that may include third-party cookies), to help create and personalize the Products and Services that may interest you, track marketing campaign responsiveness, evaluate page response rates, conduct usability testing, and facilitate your use of our Products and Services (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, keep track of shopping cart additions, and preserve order information between sessions).
• To serve personalized advertising to you. We do not share your personal data with advertisers without your consent. We allow advertisers to choose the characteristics of users who will see their advertisements, and we may use any of the non-personally identifiable data attributes we have collected to select the appropriate audience for those advertisements. When you click on or otherwise interact with an advertisement, there is a possibility that the advertiser may place a cookie in your browser and that your attributes meet the criteria the advertiser selected.
• To assess usage of our products and services. We may track your usage of our Products and Services to determine your level of usage, and those usage statistics may be made available to our content licensors and your company/institution.
• To communicate with you about our events. We may communicate with you about events hosted or co-sponsored by us or one of our business associates. This may include information about the event’s content, event logistics, payment, updates, and additional information related to the event. Information you provide when registering for, or participating in, a conference managed or co-sponsored by parties, other than or in addition to the information obtained via our website may be shared with those parties, and the treatment of such information is subject to the privacy policies of those parties, not us. We and our conference co-sponsors may contact you after the event about the event, subsequent iterations of the event and/or related events. Please note that our event organizers, co-sponsors, exhibitors, and other third parties may directly request your personal information at their conference booths or online presentations. Providing your information to them is optional, and you should review their privacy policies to address your particular needs and concerns about how they will treat your personal information.
• To update you on our benefits, programs, and opportunities. We may communicate with you regarding our benefits, programs, and opportunities that may be available to you.
• To engage with third parties. We may share your personal data with third parties in connection with services that these individuals or entities perform on our behalf. These third parties are restricted from using your data in any way other than to provide services for us or for the collaboration in which they and us are contractually engaged (for example, hosting our database or engaging in data processing on our behalf, or mailing you information that you requested). We carefully select these third parties, and they are contractually obligated to keep your data secure. From time to time, and with your consent, we may also share your information with third parties that might provide content, products, or services of interest to you.
• To protect our content and services. We may use your personal data to prevent potentially illegal activities and to enforce our terms and conditions. We also use a variety of technological systems to detect and address anomalous activity and to screen content to prevent abuse, such as spam. These efforts may, on occasion, result in a temporary or permanent suspension or termination of some functions for some users. By using our Products and Services, you acknowledge and agree that we may access, retain, and disclose the personal data we collect and maintain about you if required to do so by applicable law of the relevant jurisdiction or in a good faith belief that such access, retention, or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order) or law; (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of us, our agents, affiliates, users, and/or the public. This includes exchanging information with other companies and organizations for fraud protection, compliance with applicable law, spam/malware prevention, and similar purposes.
• To get feedback or input from you. In order to deliver the Products and Services of most interest to our customers, from time to time, we may ask members, customers, volunteers, and website visitors to provide us with their input and feedback (for example through surveys, usability studies, focus groups).
• To assist in Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer personal data (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.

 

To the extent that we collect certain demographic information about you, we may use this information in our market research, but we will do so only after we “anonymize” or “pseudonymize” the data, i.e., remove information that would confirm your identity. We will not use your personal data, however, to send commercial or marketing messages to you unless we have a legal basis for doing so, such as your consent or a contract with us for which, in either case, you will have the ability to opt out of by sending an email to [xxx@jendamark.io].

 

We do not collect personal data when you browse our website and request pages from our servers unless you voluntarily and knowingly provide such information to us. This means that we will not know your name, your email address, or any other personal data just because you browse the website unless you:

 

• access our Products and Services from a link in an email that we have sent to you;
• have created a profile and you either log-in to your account or choose to be remembered via your cookie or your web-enabled mobile device.

 

In these cases, we will know who you are based on the information you previously supplied to us. When you request a page from our website, our servers log the information provided in the HTTP request header including the IP number, the time of the request, the URL of your request and other information that is provided in the HTTP header. We collect the HTTP request header information in order to make our website and the Products and Services we offer function correctly and provide you with the functionality that you expect to see. We also use this information to personalize the content we present, better understand how visitors use our website, and better tune the website, its contents, and its functionality to meet your needs. We only use your personally identifiable information for those activities listed at the time you submit your information to us. For example, if you provide us with an email to inform you of special events, then that is what we will use your email address to do. If we would like to use your personal data for an unrelated activity, we will first request your consent to do so.

 

3. Who can use the information we collect and how?

 

If we do provide your personal data to third parties or allow third parties to collect personal data from you on our behalf, it is because we have contracted with that third party to provide some part of the information or service that you have requested and received their contractual assurances that they will protect your personal data in accordance with all applicable laws. This means that any use of artificial intelligence (AI) tools from a third-party vendor must also comply with this representation. In other words, if we use a vendor’s AI tools they will be those where: (i) we have a contractual relationship with the vendor of the AI tool, (ii) the vendor maintains both the inputs and outputs to and from the AI tool as confidential information, (iii) the vendor provides a secure VPN tunnel for the transmittal and receipt of all inputs and outputs, (iv) the vendor represents that neither the inputs nor outputs are used to train any underlying large language model, and (v) in all instances, we have notified you of the potential and specific use of the AI tool and its vendor and have received your acceptance for such use. Other than those who act on our behalf and except as explained in this Policy, personal data you provide to us will not be transferred to unrelated third parties, unless we have a legal basis to do so. However, please note that personal data provided to us is subject to disclosure pursuant to judicial or other government subpoenas, warrants or orders. We will only provide this information after approximately two weeks following receipt of a valid subpoena or other legal process in a civil case.

 

4. How do we protect the personal information we collect?

 

Security of Personal Data

 

We are committed to protecting the security of your personal data. Depending on the circumstances, we may hold your information in hard copy and/or electronic form. For each medium, we use technologies and procedures to protect personal data. We review our strategies and update as necessary to meet our business needs, changes in technology, and regulatory requirements. We take our security obligations seriously and so should you. While we are responsible for maintaining the security of our website and our Products and Services, you must also access and use our website and our Products and Services in a manner that is responsible and secure. We adhere to internationally recognized security standards and industry best practices, and we periodically audit and assess our information security management system.

 

In addition, we maintain policies, procedures, and training to address data protection, confidentiality, and security, and we regularly update and review the compliance status of these measures.

 

Storage and Transfer of Personal Data

 

The personal data we collect is stored and processed in and outside the United States. We take steps to ensure that the data we collect under this Privacy Policy is processed and maintained in accordance with applicable laws.

 

We also collaborate with third parties, such as cloud hosting services and suppliers located within and outside the United States to serve the needs of our business, workforce, and customers. In some cases, we may need to disclose or transfer your personal data to third parties in areas outside of your home state and even outside of the United States. When we do so, we take steps to ensure that personal data is processed, secured, and transferred according to applicable laws.

 

If you would like to know more about our data transfer practices, please contact [xxx@jendamark.io].

 

Retention of Personal Data

 

We retain your personal data only for as long as necessary to provide the Products or Services you have requested, or for other business purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. We are required by law to keep some types of information for certain periods of time (e.g., statute of limitations). If your personal data is no longer necessary for the legal or business purposes for which it is processed, we will generally destroy or anonymize that information.

 

5. What are your rights regarding your personal data?

 

We respect your right to access and control your personal data. You have choices about the data we collect. When you are asked to provide personal data that is not necessary for the purposes of providing you with our Products and Services, you may decline. However, if you choose not to provide data that is necessary to provide a particular service or product, you may not have access to certain features on our website.

 

Please note that your privacy rights may be specific to the state in which you reside. In the list below, we identify the states where certain privacy rights differ or are absent and describe the difference or omission.

 

Access to personal data: You have the right to request access to your personal data. In these cases, we will comply, subject to any relevant legal requirements and exemptions, including identity verification procedures. Before providing data to you, we will ask for proof of identity and sufficient information about your interaction with us so that we can locate any relevant data. We may also charge you a fee for providing you with a copy of your data (except where this is not permissible under applicable law). This right is available in all states with consumer privacy laws currently in effect.

 

Correction and deletion: In some jurisdictions, you have the right to correct or amend your personal information if it is inaccurate or requires updating. You may also have the right to request deletion of your personal information. The right to request deletion of your personal information is available in all states with consumer privacy laws currently in effect. Please note that such a request could be refused because your personal information is required to provide you with the products or services you requested, e.g., to deliver a product or send an invoice to your email address, or because it is required by applicable law. Iowa does not provide individuals with the right to correct. Otherwise, the right to correct is available in all states with consumer privacy laws currently in effect.

 

Opt-Out of certain data processing: In respect of all States in the US, we hereby give you the right (or, acknowledge your existing right, as the case may be) to restrict our ability to process personal information (including sensitive personal information) about you as the consumer.

 

Right to Opt-In: In respect of all States in the US, we hereby give you the right (or, acknowledge your existing right, as the case may be) to give your affirmative consent to collect and use personal information (including sensitive personal information) about you as the consumer.

 

Sale of Personal Data: We do not sell your personal data.

 

Portability: You have the right to ask for a copy of your personal data and/or ask for it to be ported to another provider of your choice. Please note that such a request could be limited only to the personal data you provided to us or that we hold at that given time and subject to any relevant legal requirements and exemptions, including identity verification procedures. Residents of Alabama, California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Louisiana, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Utah, Vermont and Virginia have the right to request personal information about the consumer be disclosed in a common file format.

 

Automated decision making: In some jurisdictions, residents have the right to opt out of certain automated decision making. Residents of California, Delaware, Maryland and Rhode Island have this right. Residents of Alabama, Colorado, Connecticut, Indiana, Kentucky, Louisiana, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oklahoma, Oregon, Tennessee, Texas, Vermont and Virginia only have the right to opt out of certain automated decision-making. Residents of Iowa and Utah do not have this right.

 

Private right of action: In some jurisdictions, residents may seek civil damages from a business for violations of a statute. Residents of California have a private right of action limited to certain violations only. Residents of Alabama, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Louisiana, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Utah, Vermont and Virginia do not have this right.

 

Marketing preferences: If you have provided us with your contact information, we may, subject to any applicable SPAM Act or similar regulation, contact you via email, postal mail, or telephone about our Products, Services, or events that may be of interest to you, including newsletters.

If you receive email communications from us, we will provide you with an unsubscribe link allowing you to opt-out of receiving future email or to change your contact preferences. Email communications may also include a link to directly update and manage your marketing preferences. If you have an online account with us, you can also change your contact preferences through your profile. Please remember that even if you opt out of receiving marketing emails, we may still send you important information related to your accounts.

 

Right to Non-Discrimination: We will not discriminate against you for exercising your consumer rights under applicable privacy laws. Email communications you receive from us will provide you with an unsubscribe link allowing you to opt-out of receiving future email or to change your contact preferences. Email communications may also include a link to directly update and manage your marketing preferences. See Section 7 for how to manage your contact preferences. Please remember that even if you opt out of receiving marketing emails, we may still send you important information related to your account.

 

6. How do you opt-out of personal information sharing with our business partners?

 

We may use third party analytics vendors to evaluate and provide us with information about the use of our Services and viewing our content. Some of the information you see about our Products and Services may be customized based on automated predictions about your interests, which predictions are generated from your visits over time and across different websites using tools such as Google Analytics. This information allows us to create content of greater interest to you and can also be used to serve ads based on your past visits to our website. Note that you can opt out of a third-party vendor’s use of cookies, including use by Google, by visiting the Network Advertising Initiative opt-out page (http://www.networkadvertising.org/choices/).

 

For more information about how targeted Network Advertising works, please visit: http://www.youradchoices.com/.

 

You may opt-out of third-party targeted advertising or analytics in two ways: (1) By directly notifying a Network Advertising service provider via its opt-out tools (please see above), or (2) using your browser’s Do Not Track (DNT) settings to indicate that you do not wish to receive targeted advertising based on your overall internet usage. For more information about DNT and how it works, please visit the Future of Privacy Forum’s website: http://www.allaboutdnt.com/.

 

We will make a good faith reasonable effort to honor your DNT browser settings for opting out of receiving targeted third-party advertising based on your overall Internet usage. Please note that various browsers frequently update their technology or change their settings and business practices without advance notice, and we may not have the latest information on how to honor your preferences. If you exercise either opt-out option – the cookie opt-out or the browser opt-out – you will continue to receive advertising, but such advertising may not relate to your specific interests, previous purchases, or search history.

 

However, you cannot opt-out of our contextual analytics and advertising, which is based solely on your usage of our Services. We will continue to provide you with contextual advertising. We will also continue to monitor your usage and search or transaction history to provide us with analytics on how well our Services, features, and activities are functioning and used. In addition, we will share this information in an aggregated or anonymized form (meaning that an individual person cannot be identified) for our internal use.

 

You can also opt out of our marketing emails at any time by contacting us at [xxx@jendamark.io].

 

7. How do you correct and update your personal data?

 

We aim to keep all personal data that we hold accurate, complete, and up to date. While we will use our best efforts to do so, we encourage you to tell us if you change your contact details. If you believe that the information we hold about you is incorrect, incomplete, or out-of-date, please contact [xxx@jendamark.io].

 

You can change or correct your personal data at any time. Just send an email with your old information and your corrections to [xxx@jendamark.io] with “Correction” in the subject line.

 

8. What is our Privacy Policy if you are an underage child?

 

We understand the importance of protecting the privacy of all individuals, especially the very young. Our services are intended for United States audiences over the age of 18. Our Products and Services are not directed to children, and you may not use our Services if you are under the age of 13. You must also be old enough to consent to the processing of your personal data in your state of residence (in some states a parent or guardian may do so on your behalf). You must be at least 16 years of age to use our forums. Subscribing to our Services is restricted to adults who are either 18 years of age or older or as otherwise legally defined by the state of your residency.

 

9. What happens when you link to a third-party website?

 

If you click on a link and go to another website, you will be subject to that website’s privacy policy. We encourage you to read the posted privacy policy statement found at any website before submitting any personal data.

 

10. What happens when we update our Privacy Policy?

 

We may on occasion update our privacy policy without notice to you, which may include material changes. We encourage you to periodically review our products and services and this privacy policy for any changes.

 

11. What if you have questions?

 

If you have questions or concerns regarding this statement, you should first contact us via email at [xxx@jendamark.io].