Privacy Policy

MESSAGELY LLC

PRIVACY POLICY AND DATA PROCESSING ADDENDUM

IMPORTANT NOTE TO RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM: This privacy policy contains important information about your rights under the General Data Protection Regulation of the European Union and the equivalent laws of the United Kingdom, known to the EEA as Directive 95/46/EC (the “GDPR”). Please see our GDPR Notice below for more information about these rights. This GDPR Notice applies to residents of the European Economic Area, the United Kingdom, Norway, Liechtenstein, and Iceland (altogether, the “EEA”).

IMPORTANT NOTICE TO RESIDENTS OF THE STATE OF CALIFORNIA: This privacy policy contains important information rights under the California Consumer Privacy Act (“CCPA”). Please see below for information about your rights and our responsibilities under the CCPA.

This PRIVACY POLICY (this “Policy”) describes the kinds of information that Messagely LLC (“we;” “us;” “our;” the “Company;” the Company is the Data Controller within the meaning of the GDPR) collects about our users (“you”). By using Messagely.com, any of its related or affiliated domains, webpages, or sub-domains, or any other website that we own or operate (collectively, the “Website”), you agree to this Policy. If you use any Messagely software or tools, including the Messagely software (altogether, “Messagely”), any means including without limitation by use of Messagely through any third-party platform, including without limitation Stripe, Slack, Google Analytics, SalesForce, Hubspot, Calendly, or any other third-party tool or platform (“Integrated Partners”), you agree to this Policy as to any information processed, received by, or sent to or through an Integrated Partner. Your acceptance of each term and condition of this Policy is a continuing acceptance, meaning that each time you access the Website or Messagely, you accept the then-current version of this Privacy Policy, which was last updated October 30, 2019. 

Our Contact Information

If you wish to exercise any of your rights under the GDPR, including your right to instruct us to forget any or all of your personal information, please contact us at:

Messagely LLC

340 S Lemon Ave Suite #1426

Walnut, CA 91789

Attn: Data Protection Officer

Email: team@messagely.com

What kinds of information do we collect about you?

Any information that you enter into any text field on the Website or Messagely will be collected by the Company for internal use except where described otherwise in this notice. Because the Website is, in part, a customer relations management tool, any customer information, customer data, contact information for customers or any other third parties, text, images, video, links, or any other content (collectively, “Content”) that you use, collect, or send onto or through the Website and/or Messagely will be collected for purposes of storing, transmitting, processing, and analyzing that Content for you and for our third parties, including the Integrated Parties. 

Messagely and the Website will further collect your name, username, password, email address, social media profile data, location and geographic data, IP address, data analytics, device data, usage data, and interactions data with end users via our platform. 

Information that you enter into the Website at the point of account creation will be used to create a customer profile for you. Information that we request at the time of account creation may include an email address and other contact information, your name, a display name, and a shipping address. 

If you delete your account, the company may retain your profile information for future use, including for counting the number of customer accounts that have been deactivated. 

We also collect information about your uses of the Website. This includes any Content that you create or share through Messagely or the Website. 

We also collect information about the Content that you view, create, and interact with while using the Website. We collect information about how long you use the Website. We may collect certain non-personal information about your Website usage, such as an IP address or similar information. Please see below for more information about the kinds of non non-personal information that we collect about you. 

If you make any purchases through the Website or purchase any of our products or services, including downloading or using Messagely, we will collect your payment information for purposes of completing that transaction and maintaining a customer profile for you. 

We also collect information about all inputs that you make to the Website other than Content. This includes information entered into fillable fields.

What kinds of non-personal information do we collect about you?

The Company collects certain non-personal information about you. By “non-personal information,” we mean information about you that cannot be used, and is not stored, in a way that can identify you personally. 

The Website will collect information about your location based on your IP address. An IP address is a user-supplied identifier that allows the Company to know, in general terms, where its users are located. An IP address is not the same as a physical address, and is not the same as either your shipping address or your billing address. 

The Company uses your IP address for internal purposes such as knowing which countries provide certain percentages of its users. The Company does not distribute your IP address to any other person. The Company does not verify your IP address or connect it to your shipping or billing address for purposes of checkout if you purchase any products or services from us. Your IP is not and cannot be used by the Company to identify you personally. The Company’s web host will also know your IP address for purposes of logging visits to the Website from your IP address and for preventing distributed denial-of-service attacks, which are disruptive attacks on websites caused by very large numbers of simultaneous visits to the Website. 

The Company collects information about users such as the number of users visiting the Website at any given time, the times during which visitors visit the Website, the length of time that users use the Website, which pages they visit, which products they order, and what other actions they take while using the Website. This information is collected by the Website and is provided in an anonymized form to the Company’s data analytics provider, which is Google Analytics (the “Data Analytics Provider”). This information is used by the Company to track the engagement, general geographic origin, and headcount of its users. This information is combined together to provide general demographic information on the Website’s users. This information is not and cannot be used to identify you specifically. 

The Data Analytics Provider is a Processor within the meaning of the GDPR. We may also share your information for purposes of advertising or other marketing functions, making or placing orders, or integrating our products and services with our Integrated Partners with Amazon, Facebook, and Auth0, all of whom are processors within the meaning of the GDPR. Please see the privacy policies of our Integrated Partners and our processors for more information on your rights regarding those entities. 

How is your information shared?

No information that we collect is shared with third parties outside of the EEA. We only collect, process, and transmit your information for the purpose of providing the Company’s products and services and in accordance with the Company’s lawful instructions.

Content that you post to the Website is shared with your Friends, and in some cases with other users as described above. If you and another user have mutual Friends or share Content that we determine to be relevantly similar, we may share your name and a link to your profile with that user to suggest people you may know. 

We also share Content and other information internally. We may review Content internally to determine that Content does not violate this Policy or our Terms and Conditions. 

If we elect to provide promotional content or advertising, we may share information about the kinds of Content that you post and use, information related to your general geographic location as we infer it from your IP address, and other information that you supply to the Website to ensure that promotional content or advertisements are relevant to your interests. 

We will also respond to a valid subpoena or other valid governmental requests for information. If we receive a valid subpoena or other valid governmental request for information about you, we may not disclose this request to you. 

If we elect to provide for integration with other third-party apps or other services with the Website, we may share your Content or other information with those third-party apps or other services depending on their own terms and conditions. We will not share your information with any third-party apps or other services without first informing you. 

If we have a good-faith belief that a user has posted Content or otherwise used the Website in a way that makes us believe that a user has engaged, or is about to engage, in criminal activity or other serious wrongdoing, we may share that information with the relevant authorities. If we do so, we may not inform you when we share that information.

Security Policy

The Company has implemented such security measures as it deems reasonably necessary to protect your information. The Company self-certifies through Privacy Shield. Please click on our Privacy Shield badge on our home page for more information about our Privacy Shield compliance. 

You will be notified by email within the GDPR-mandated timeframe in the event of a compromise or your personal information or the personal information of any other user. Please contact us at team@messagely.com for more information about our policies regarding preventing, detecting, and notifying users of breaches of user personal information. 

In the event of such a breach of your personal information or the personal information of any user, the Company will perform an internal security audit via a third-party auditor. If your personal information is breached, you have rights to conduct and/or inspect such audits during the Company’s normal business hours and in a fashion not disruptive to the operations of the Company. Please contact us at team@messagely.com for more information about audits following a security incident.

Cookie Policy

The Website uses cookies. Cookies are small files that the Website places in your browser in order to track your activity across multiple separate pages within the same instance of the Website. For example, if you navigate to a sub-page of the Website with a fillable form that you then submit, a cookie will be used to connect the browser activity that filled that form with the browser activity that acknowledges our receipt of the same form. Cookies are used to maintain consistency across a session of Website use. Please contact us at team@messagely.com for more information about our Cookie policy and for information about our Cookie Policy. You may instruct your browser not to accept, or to delete, Cookies. The Website may become unstable or suffer diminished functionality if you delete or prevent the use of Cookies.

MODEL CLAUSES OF THE GDPR APPLICABLE TO THIS POLICY

To the extent that the Company is a “processor” within the meaning of the GDPR, the Model Clauses of the GDPR apply to this Privacy Policy. Any terms or conditions of this Policy inconsistent with the Model Clauses of the GDPR are void. Please contact us at team@messagely.com for more information regarding your rights under the Model Clauses. 

Nothing in this notice should be construed as amending, modifying, replacing, or otherwise affecting the terms and conditions of any transactions between you and the Company, except that to the extent any such terms and conditions are inconsistent with the General Data Protection Regulations of the European Union and the equivalent rules of the United Kingdom and any other applicable jurisdiction (altogether, the “GDPR”) those terms and conditions are VOID. 

Instructions For Exercising Your Right To Instruct Us To Forget Your Information

The GDPR provides a generalized “right to be forgotten,” meaning that you have the right to instruct us to delete any and all information that the Company, the Website, or any of the third parties collects about you. Please contact us by email at team@messagely.com, by phone at in order to instruct us to forget any or all of the information that the Company, the Website, or any of the third parties collects about you. 

Whether or not you exercise such a right, it is our data retention policy to retain all information collected until we have a good-faith belief that you have not used any of our products or services for nine continuous calendar months. After this time, your information may be permanently erased. We will not be able to retrieve any information that you provide to us after a period of inactivity greater than nine calendar months. 

YOUR CALIFORNIA PRIVACY RIGHTS

This Privacy Policy describes how we may share your information for marketing purposes. You may contact us with any questions and, to the extent applicable, to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. Users under the age of 13 who are subject to the laws of the State of California may not use the Website. If you are under the age of 13, or if you are contacting us on behalf of someone who is under the age of 13, please contact us at team@messagely.com